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HomeMy Public PortalAbout03 March 11, 2009 Commission86642 RECORDS RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING AGENDA TIME: 9:30 a.m. DATE: Wednesday, March 11, 2009 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside Commissioners Chair: Bob Magee 1 s` Vice Chair: Bob Buster 2nd Vice Chair: Dick Kelly 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 / Don Robinson, City of Banning Roger Berg / Jeff Fox, City of Beaumont Joseph DeConinck / Robert Crain, City of Blythe Ray Quinto / Jim Hyatt, City of Calimesa Mary Craton / Jordan Echrenkranz, City of Canyon Lake Gregory S. Pettis / Kathleen DeRosa, City of Cathedral City Eduardo Garcia / Steven Hernandez, City of Coachella Karen Spiegel / Steve Nolan, 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 Glenn Miller / Ben Godfrey, City of Indio Terry Henderson / Don Adolph, City of La Quinta Bob Magee / Melissa Melendez, City of Lake Elsinore Darcy Kuenzi / Scott Mann, City of Menifee Jesse Molina / Bonnie Flickinger, 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 Steve Pougnet / Ginny Foat, 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 James Potts / 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, March 11, 2009 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 least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS — Each individual speaker is limited to speak three (3) continuous minutes or less. The 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 March 11, 2009 Page 2 5. APPROVAL OF MINUTES - JANUARY 14 AND FEBRUARY 11, 2009 6. PUBLIC HEARING - RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBERS 256-140-006 AND 291-020-019 (CALTRANS PARCEL NUMBERS 21016-1, 21016-2 AND 21019), FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS FROM THE STATE ROUTE 60 EAST JUNCTION TO THE INTERSTATE 215 HIGH OCCUPANCY VEHICLE LANES CONNECTOR, IN RIVERSIDE COUNTY, CALIFORNIA Page 1 Overview This item is for the Commission to: 1) Conduct a hearing to consider the adoption of Resolution No. 09-004, "Resolution of Necessity for the Acquisition of Fee and Temporary Construction Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Particularly Described as Assessor Parcel Numbers 256-140-006 and 291-020-019 (Caltrans Parcel Numbers 21016-1, 21016-2 and 21019), for the Construction and Maintenance of Improvements from the State Route 60 East Junction to the Interstate 215 High Occupancy Vehicle (HOV) Lanes Connector, in Riverside ` County, California", including providing all parties interested in the affected property and their attorneys, or representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; d) The offers of just compensation have been made to the property owners; and 3) Adopt Resolution No. 09-004, "Resolution of Necessity for the Acquisition of Fee and Temporary Construction Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Particularly Described as Assessor Parcel Numbers 256-140-006 and 291-020-019 (Caltrans Parcel Numbers 21016-1, 21016-2 and 21019), is Necessary for the Construction and Maintenance of Improvements from the State Route 60 East Junction to the Interstate 215 HOV Lanes Connector, in Riverside County, California " " Riverside County Transportation Commission Agenda March 11, 2009 Page 3 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. QUARTERLY INVESTMENT REPORT Page 29 Overview This item is for the Commission to receive and file the Quarterly Investment Report for the quarter ended December 31, 2008. 8B. REVISIONS TO THE DEBT MANAGEMENT POLICY Overview This item is for the Commission to: Page 42 1) Approve the revisions to the Debt Management Policy; and 2) Adopt Resolution No. 09-003, "A Resolution of the Riverside County Transportation Commission Regarding the Revised Debt Management Policy." 8C. TRANSPORTATION ENHANCEMENT APPLICATION REVISION FOR THE STATE STREET MULTI -USE BICYCLE AND PEDESTRIAN PATH PROJECT FOR THE CITY OF HEMET Page 60 Overview This item is for the Commission to approve the Transportation Enhancement (TE) application revision for the State Street multi -use bicycle and pedestrian path project. Riverside County Transportation Commission Agenda March 11, 2009 Page 4 8D. OPERATIONAL IMPROVEMENT STUDY FOR THE ORTEGA • HIGHWAY / STATE ROUTE 74 Overview This item is for the Commission to receive and file the Operational Improvement Study for the Ortega Highway / State Route 74. Page 73 8E. AGREEMENT WITH KLEINFELDER WEST, INC. TO PROVIDE SUPPLEMENTAL TECHNICAL EVALUATIONS FOR THE PROPOSED IRVINE TO CORONA EXPRESSWAY PROJECT Page 85 Overview This item is for the Commission to: 1) Approve Agreement No. 07-65-105-05, Amendment No. 5 to Agreement No. 07-65-105-00, with Kleinfelder West, Inc. based on the negotiated project scope, schedule, and cost to provide additional technical studies to more thoroughly evaluate the feasibility of the proposed Irvine to Corona Expressway project for a not to exceed amount of $451,227; 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 of optional tasks as may be required for the project; and 4) Approve a budget adjustment to increase revenues and expenditures of $451,200 for FY 2008/09. 8F. STATE ROUTE 60 EAST JUNCTION TO INTERSTATE 215 HIGH OCCUPANCY VEHICLE LANES CONNECTOR PROJECT RELOCATION PLAN Page 105 Overview This item is for the Commission to adopt the State Route 60 East Junction to Interstate 215 High Occupancy Vehicle (HOV) Lanes Connector Project Relocation Plan (Relocation Plan). 8G. COMMUTER RAIL PROGRAM UPDATE Overview Page 139 • This item is for the Commission to receive and file an update on the Commuter Rail Program. Riverside County Transportation Commission Agenda March 11, 2009 Page 5 8H. SHORT RANGE TRANSIT PLAN BUDGET AND REVENUE ESTIMATE Page 146 Overview This item is for the Commission to receive and file the preliminary revenue estimate for the Short Range Transit Plan (SRTP) budget process. 81. LOCAL MATCH CONTRIBUTION FOR SIGNAL SYNCHRONIZATION PROJECT APPLICATIONS TO THE MOBILE SOURCE REDUCTION REVIEW COMMITTEE CALL FOR PROJECTS Page 152 Overview This item is for the Commission to approve a contribution in the amount of $50,000 of 1989 Measure A Commuter Assistance reserves for a joint project application by the cities of Corona, Moreno Valley, and Riverside for signal synchronization. 9. PROPOSED POLICY GOALS AND OBJECTIVES FOR FISCAL YEAR 2009/10 BUDGET Overview This item is for the Commission to approve the proposed Commission Policy Goals and Objectives for the FY 2009/10 Budget. 10. FEDERAL ECONOMIC RECOVERY BILL Overview Page 155 Page 164 This item is for the Commission to review and discuss Federal Economic Recovery proposals for Riverside County. 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. 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. Riverside County Transportation Commission Agenda March 11, 2009 Page 6 13. CLOSED SESSION 13A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Negotiating Parties: RCTC — Executive Director or Designe City of Riverside Negotiator — Citynager or Designee Under Negotiations — Price and Terms of Payment Item APN Pro erty Owner(s) 234-250-009 1 234-250-010 234-250-012 City of Riverside 234-250-026 r Agency Negotiator: Under Negotiations RCTC — Ex utive Director or Designee Property wner Negotiator: See List of Property Owners/' — Price and Terms of Payment Item APN/ Property Owner(s) 2 2910-019 Robert M. King and M. Christine King, Trustees of the Robert M. King and M. Christine King Revocable Trust of 1990 3 56-140-006 Patrick Hennessey for Soleiman Parviz and Goli Attaii, Trustees of the 2003 Family Trust 14. ADJOURNMENT The next mmission meeting is scheduled to be held at 9:30 a.m., Wednesday'; April 8, 2009, Board Room, County of Riverside Administrative Centel, 80 Lemon Street, First Floor, Riverside. • • 13. CLOSED SESSION 13A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Negotiating Parties: RCTC — Executive Director or Designee City of Riverside Negotiator — City Manager or Designee Under Negotiations — Price and Terms of Payment Item APN Property Owner(s) 234-250-009 City Riverside of 1 234 250 010 Riverside County 234 250 012 Transportation Commission 234-250-026 Agency Negotiator: Under Negotiations RCTC — Executive Director or Designee Property Owner Negotiator: See List of Property Owners — Price and Terms of Payment Item APN Property Owner(s) 2 291-020-019 Robert M. King and M. Christine King, Trustees of the Robert M. King and M. Christine King Revocable Trust of 1990 3 256-140-006 Patrick Hennessey for Soleiman Parviz and Goli Attaii, Trustees of the 2003 Family Trust 14. ADJOURNMENT The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, April 8, 2009, Board Room, County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN -IN SHEET MARCH 11, 2009 NAME AGENCY E MAIL ADDRESS Lt.8 AS 6ppouoilL CCoc.7 ��� e_ /VIOL 607 /11 iz7 LL6 r—,q,4tit � tioec_`' ,� $� z� ` )-� /I =-6/ SR �c-i.-T ;%o �J' �o s J �-- M2,4fN a /1 a /%14 eg pirre 7:k7474:4Z,,d'av , 444.,A4-4/16-,4 )e.e,(k) Q.ii�, 'Nt,)tY- Me enc>rt-Z CVA0V Q‘u-en_s,or 6.4tt-a :.. MeL_i_E-te., ,--'0, • , J4 : r�2_ Nit-) Ks,-A-4-vt__ C.1--t c9]• \TIan;O /4--Ti2e C./e—... /fuXL. AA/, .r/17/R a.�4� �Lryl pkinl S v�a�r s,,T � ®-s�.� �, s� i-� �e57.1 �o�.4ei.ei,.z;�Pl% 0,---"V/?"/.�. C_e_ I RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL MARCH 11, 2009 Present Absent County of Riverside, District 1 County of Riverside, District II County cf, Rivers, District III County of Riverside, District IV Coup City of Banning City of City of Blythe City of. Galinresa 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 City of IVlorent Va 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 3000 dIZ A110 13381S :SSMICKI / SS3NIS118 dl10l10 / NOIIVZINVOIA / AON39V 30 3INVN :'ON 3N0Hd �a ,,1 /.�� ..v>� 7375 :DN11N3S311d311 3000 dIZ All 1 133!!1S S),.w 117 /n4 4°.12-724,1 C?‘”-Z. :SS3aaaV ""e4reS) J L S. 69 h �'-ON 3N0Hd!--t* pioW075 , " i tsc44, Lwd)oe :31AtfN /k-7) s4Jf!')`of Q060z :1A1311 VON39V 3O 1O3rans Ae + ?/�c �C� :S1N3WWOO onand ./:S1N3WWOO onand / C> 30 133ranS 6 (7///g. 11HA9 3111 4n 3111 n111WAAS (Huy 'ensign IVON30V 3H1 NO 031511 SV) :'ON W311 VON39V dl )1O3HO .31tfO " " " RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON MINUTES Wednesday, January 14, 2009 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Bob Magee at 9:34 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 John Tavaglione led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Commissioners Absent Steve Adams Marion Ashley Bob Botts Daryl Busch Bob Buster Christy Connors Mary Craton Joseph DeConinck Scott Farnam Eduardo Garcia Frank Hall Terry Henderson Richard Kelly Darcy Kuenzi Robin Lowe Bob Magee Glenn Miller Scott Matas Jesse Molina Patrick J. Mullany Gregory Pettis James Potts Steve Pougnet Ray Quinto Ron Roberts Karen Spiegel Jeff Stone John F. Tavaglione Roy Wilson Roger Berg Rick Gibbs Gordon Moller Chair Magee welcomed the following new Commissioners: Ray Quinto, city of Calimesa; Karen Spiegel, city of Corona; Glenn Miller, city of Indio; Jesse Molina, city of Moreno Valley; Steve Pougnet, city of Palm Springs; and James Potts, city of San Jacinto. Riverside County Transportation Commission Minutes January 14, 2009 Page 2 Commissioner Mary Craton introduced the new alternate for the city of Canyon Lake, Jordan Echrenkranz. 4. PUBLIC COMMENTS Anne Mayer, Executive Director, presented a 10-year service award to Shirley Gooding, Administrative Assistant. 5. APPROVAL OF MINUTES — DECEMBER 10, 2008 M/S/C (Henderson/Busch) to approve the minutes of December 10, 2008. Abstain: Garcia, Molina, Potts, Pougnet, and Spiegel 6. ADDITIONS/REVISIONS There was a revision to Agenda Item 8, Attachment 1, "Fiscal Year 2009/10 Revenue Projections'. Steve DeBaun, Commission's legal counsel, announced that subsequent to the publication of the agenda, communication was received regarding the 60/91 /215 interchange project. Therefore, he requested a closed session item be added to the agenda pursuant to Section Code 54956.9b to discuss potential liability regarding the project. M/S/C (Busch/Henderson) to add the closed session item to the agenda. At this time, Chair Magee presented Commissioner Jeff Stone with a plaque to commemorate his tenure as Chair for 2008, expressing appreciation for his exemplary leadership and accomplishments. Commissioner Stone thanked the Commission for allowing him to serve as its Chair and congratulated the Commission members and staff for the accomplishments achieved by their hard work and dedication. " " Riverside County Transportation Commission Minutes January 14, 2009 Page 3 7. CONSENT CALENDAR M/S/C (Wilson/Stone) to approve the following Consent Calendar items: 7A. MID -YEAR REVENUE PROJECTIONS 1) Approve the Mid -Year Revenue Projections; 2) Approve the budget reduction adjustments to Measure A revenues of $9,000,000 and expenditures of $4,642,000 to reflect the revised Measure A projections; 3) Approve the net budget reduction adjustment to Local Transportation Fund (LTF) revenues of $6,930,725 to reflect the revised LTF projections; and 4) Approve the budget reduction adjustment to State Transit Assistance (STA) revenues of $13,692,600 to reflect the revised STA revenue allocation estimates. 7B. PROPOSAL FOR A STUDY TO ASSESS AND RECOMMEND SECURITY, SURVEILLANCE, AND EMERGENCY RESPONSE ENHANCEMENTS TO THE COMMISSION'S METROLINK STATIONS AND SELECT PARK AND RIDE FACILITIES Authorize the release of a request for proposal for the purpose of performing a study to assess and recommend security, surveillance, and emergency response enhancements to the Commission's Metrolink stations and select park and ride facilities. 7C. COMMUTER RAIL PROGRAM UPDATE Receive and file an update on the Commuter Rail Program. 7D. AGREEMENT WITH THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE 1) Approve Agreement No. 09-41-57-00 with the Mobile Source Air Pollution Reduction Review Committee (MSRC) to investigate the feasibility for migrating the BikeMetro.com website into the CommuteSmart.info or So Cal 511 website in the amount of $200,000; Riverside County Transportation Commission Minutes January 14, 2009 Page 4 2) Approve a budget adjustment to increase revenues and expenditures by an amount not to exceed $50,000 for FY 2008/09; and 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 7E. CITY OF BEAUMONT FISCAL YEAR 2007/08 AND 2008/09 SHORT RANGE TRANSIT PLANS APPROVAL AND ALLOCATION OF FUNDING 1) Review and approve the city of Beaumont's FY 2007/08 and FY 2008/09 Short Range Transit Plans (SRTP); 2) Review and approve the city of Beaumont's FY 2007/08 action plan; and 3) Approve the FY 2007/08 and FY 2008/09 Local Transportation Fund (LTF) and State Transit Assistance (STA) fund allocations. 7F. FISCAL YEAR 2009-13 MEASURE A FIVE YEAR CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS FOR THE CITY OF MENIFEE Approve the FY 2009-13 Measure A Five -Year Capital Improvement Plan (CIP) for Local Streets and Roads for the city of Menifee as submitted. 7G. TOLL FEASIBILITY WORK AND AMENDMENT TO AGREEMENT FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES 1) Authorize staff to conduct preliminary toll feasibility studies for the Interstate 10 corridor from the San Bernardino County line to State Route 111 for an amount not to exceed $379,426; 2) Approve Agreement No. 06-66-027-09, Amendment No. 8 to Agreement 06-66-027-00, for On -Call Strategic Partnership Advisory Services with PB Americas, Inc. (PB) to provide continuing on -call tolling and engineering advisory services for toll corridor improvement projects in the amount of $843,903; 3) Approve a budget adjustment of $547,062 to the FY 2008/09 budget for additional tolling and engineering services in support of the toll program; and 4) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. • • Riverside County Transportation Commission Minutes January 14, 2009 Page 5 7H. ORDINANCE NO. 08-002 TO AMEND THE COMMISSION'S ADMINISTRATIVE CODE Adopt Ordinance No. 08-002, "An Ordinance Amending the Riverside County Transportation Commission Administrative Code Related to the Composition of the Executive Committee and Other Housekeeping Items 71. SOUTHERN CALIFORNIA'S NATIONAL POLICY PRIORITIES FOR THE NEXT FEDERAL TRANSPORTATION AUTHORIZATION BILL Adopt the Southern California National Policy Priorities for the Next Federal Transportation Authorization Bill platform. 8. FISCAL YEAR 2009/10 REVENUE PROJECTIONS Theresia Trevino, Chief Financial Officer, discussed the development of the FY 2009/10 revenue projections and highlighted the following areas: • Revenue projections; • Sales tax trends in 2008; • Activity by economic category; • Activity by three largest economic segments; • Historical sales tax by segment; • Measure A revenues; • Local Transportation Fund (LTF) revenues; • Measure A and LTF taxes; • Transportation Uniform Mitigation Fees (TUMF) revenues; • State Transit Assistance (STA) revenues; and • Next steps. M/S/C (Ashley/Craton) to: 1) Approve the projections of the LTF apportionment for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas; 2) Approve the projections for Measure A and the related allocations; and 3) Approve the projections for TUMF revenues. • Riverside County Transportation Commission Minutes January 14,2009 Page 6 9. IRVINE CORONA EXPRESSWAY PROJECT UPDATE Cathy Bechtel, Project Development Director, provided an update on the preliminary data for the Irvine Corona Expressway (ICE) project, highlighting the following areas: • Project background; • Geotechnical feasibility study objectives; • Field exploration completion; and • Site restorations. Paul Guptill, Kleinfelder Engineering Geologist, discussed the following areas of the ICE project: • Geologic setting; • Generalized geologic profile; • Typical Bedford Canyon Fm core; • Typical Crystalline rock core; • Laboratory testing; • Point load testing; • Initial laboratory test results rock strength; • Petrographic analyses; • ICE-3 and ICE-4 water pressure transducer readings; • In -progress water resources monitoring; • Groundwater monitoring program, ---50 water resource sites; • Preliminary findings; • Technical Advisory Panel (TAP); and • TAP first impressions. Cathy Bechtel then discussed the geotechnical feasibility schedule and additional analysis necessary for the final report. Staff anticipates coming back to the Commission for approval in two months with an amendment to the Kleinfelder agreement and at the end of the year with a final report and recommendation. In response to Commissioner John Tavaglione's request for a revised estimate, Paul Guptill replied that the Major Investment Study (MIS) provided a rigorous evaluation of costs based on assumptions, which are in the process of being updated. Cathy Bechtel added that the final report will include an updated general cost estimate for the Commission to consider. • " " " Riverside County Transportation Commission Minutes January 14,2009 Page 7 At Commissioner Terry Henderson's request, Paul Guptill provided clarification of the word "muck" and its uses. In response to Commissioner Henderson's questions regarding the proposed tunnel width and funding for the geotechnical studies, Cathy Bechtel replied the 50-foot diameter assumes the Caltrans' standards for lane widths and shoulder and the geotechnical studies are being funded through the federal grant. Commissioner Henderson then stated that while she supports the ICE project and its concept, based on the challenges and escalating costs, how much more time, money, and effort should the Commission continue to put into this project. Cathy Bechtel stated that staff will come back to the Commission in the next couple of months for approval of additional work in order to complete the final report and provide a recommendation by the end of the year. In response to Commissioner Steve Adams' question regarding consideration of a full surface roadway project, Cathy Bechtel replied the MIS did consider a full surface roadway project over the Cleveland National Forest, but at that time, the Commission took action to take it off the table due to significant environmental impacts. In response to Commissioner Bob Buster's questions regarding Metropolitan Water District (MWD) and any active faults along the proposed tunnel alignment, Paul Guptill explained there is an agreement the Commission shares its information with MWD as the tunnel alignments are close enough together so MWD is valuable in providing guidance for this project. Also, the MIS did identify active faults with regards to approving all the alternatives that were evaluated. The portal of Corridor B is located to the west of the fault line so it would avoid faulting on the tunnel itself. Commissioner Karen Spiegel commended the Commission for conducting the studies for the ICE project. She expressed that the Commission needs to continue to move forward to complete the studies in order to make an educated decision about this project. Riverside County Transportation Commission Minutes January 14, 2009 Page 8 Commissioner Stone concurred with Commissioner Spiegel's comments and stated that since the funding is available, it would be a disservice to stop these studies that have not been completely analyzed. He discussed the importance of this project and expressed strong support. Commissioner Marion Ashley concurred with Commissioner Stone's comments and stated that it is too early to make a determination and agreed that the Commission needs additional information before a decision can be made. 10. FEDERAL ECONOMIC RECOVERY LEGISLATION UPDATE John Standiford, Deputy Executive Director, provided an update on the federal economic recovery legislation related to transportation, noting that staff is working very closely with local agencies to ensure eligible projects are shelf ready. Anne Mayer provided additional information on the potential distribution of the federal economic recovery funds. In response to Commissioner Ron Roberts' question about funding for the Perris Valley Line (PVL) project, John Standiford replied that the PVL project was included in last year's appropriations bill, which was not approved. It is believed that it will be revisited in this process so the PVL project could be included in this approach. Staff is also raising the possibility of the PVL project as being eligible for federal stimulus if there is a separate transit fund for it. Commissioner Robin Lowe stated that one of the issues that the California League of Cities has is the continuum of discussion about distributing federal economic recovery funds to the metropolitan planning organizations. It was determined to send a letter to Senator Barbara Boxer to explain how California is different and the funds need to go to the local transportation commissions. 11. EXECUTIVE COMMITTEE APPOINTMENTS At this time, Chair Magee called for a recess for the representatives of the following areas to meet and determine their respective representative to the Executive Committee: 1) Corona, Moreno Valley, Murrieta, Riverside, and Temecula; 2), Banning, Beaumont, Calimesa, Canyon Lake, Hemet, Lake Elsinore, Menifee, Norco, Perris, San Jacinto, and Wildomar; • • Riverside County Transportation Commission Minutes January 14, 2009 Page 9 3) Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. The Commission reconvened and Chair Magee called for the groups to announce their representatives to the Executive Committee. Commissioner Spiegel announced the appointment of Commissioner Steve Adams and herself to the Executive Committee to represent the cities of Corona, Moreno Valley, Murrieta, Riverside, and Temecula. Commissioner Lowe announced the appointment of Commissioner Mary Craton to the Executive Committee to represent the cities of Banning, Beaumont, Calimesa, Canyon Lake, Hemet, Lake Elsinore, Menifee, Norco, Perris, San Jacinto, and Wildomar. Commissioner Dick Kelly announced the appointment of Commissioner Terry Henderson to the Executive Committee to represent the cities of Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. 12. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION There were no agenda items pulled from the Consent Calendar. 13. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 13A. Anne Mayer announced the Commission workshop will be held on Thursday and Friday, February 5-6, 2009, at the Embassy Suites Hotel Palm Desert. 13B. Commissioner Lowe expressed her appreciation to Commissioner Roberts for his guidance and leadership on the Metrolink Board. 13C. Commissioner Roberts' provided a written report on the High Speed Rail Conference. 14. CLOSED SESSION 14A. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Pursuant to Subdivision (b) of Government Code Section 54956.9 There was no announcement from the Closed Session item. Riverside County Transportation Commission Minutes January 14, 2009 Page 10 15. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting adjourned at 11:42 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, February 11, 2009, in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. Respectfully submitted, Jennifer Harmon Clerk of the Board RIVERS/DE COUNTY TRANSPORTATION COMMISSION MINUTES Wednesday, February 11, 2009 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Bob Magee 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 Scott Farnam led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Commissioners Absent Marion Ashley Roger Berg Bob Botts Daryl Busch Mary Craton Scott Farnam Eduardo Garcia Rick Gibbs Frank Hall Richard Kelly Darcy Kuenzi Robin Lowe Bob Magee Glenn Miller Scott Matas Jesse Molina 4. PUBLIC COMMENTS Gordon Moller Patrick J. Mullany Gregory Pettis James Potts Steve Pougnet Ray Quinto Ron Roberts Karen Spiegel Jeff Stone John F. Tavaglione Roy Wilson Raymond Wolfe Steve Adams Bob Buster Joseph DeConinck Terry Henderson Anne Mayer, Executive Director, presented a five-year service award to Theresia Trevino, Chief Financial Officer. • Riverside County Transportation Commission Minutes February 11, 2009 Page 2 5. APPROVAL OF MINUTES — TO BE SUBMITTED AT THE NEXT MEETING 6. PUBLIC HEARING — PERRIS VALLEY LINE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Edda Rosso, Capital Projects Manager, provided an overview on the Perris Valley Line (PVL) project initial study/mitigated negative declaration (IS/MND), highlighting the following areas: • Environmental studies, public comment period, public information meeting, and public hearing; • Project scope and schedule; • Map; • Study areas; and • Draft IS/MND viewing locations and written comment submission. At this time, Chair Magee opened the public hearing. Barney Barnett, Highgrove Municipal Advisory Council (MAC), presented a DVD to the Commission that showed the Metrolink train traveling through Highgrove along the San Jacinto Branch Line railroad tracks and the Burlington Northern Santa Fe (BNSF) tracks. He expressed his continued support for a Highgrove Metrolink station and concern that Palymrita Avenue would not be suitable for a Metrolink station. He submitted a list of all the communities that support a Highgrove Metrolink station, two resolutions of support from the cities of Grand Terrace and Loma Linda, and 27 proposed Highgrove Metrolink articles from Highgrove Happenings. Jill Johnson -Young, UC Riverside area resident, expressed opposition to the proposed Metrolink station at UC Riverside due to the additional traffic impacts, safety issues, air quality impacts, and lack of parking. She expressed her belief that an environmental impact report needs to be prepared. Richard Block, representing himself and the Friends of Riverside's Hills, expressed concern for the 30-day comment period and inadequate public notice of the IS/MND. He stated a number of issues in the analysis are inadequate and will provide written comments, which will include substantial evidence of potential unmitigated environmental impacts subject to California Environmental Quality Act (CEQA) and also cited National Environmental Policy Act (NEPA) issues. • • Riverside County Transportation Commission Minutes February 11, 2009 Page 3 Janet Dixon, Riverside Unified School District Director of Planning and Development, expressed concern for the project as it is immediately adjacent to two elementary schools, which presents noise impacts and safety concerns, including a high pressure fuel line in the easement. Dennis Kidd, Highgrove MAC, displayed a map that shows where the BNSF and the PVL tracks join together and the 19 acres in Highgrove that is available for a proposed Highgrove Metrolink station. He suggested relocating the proposed Palymrita Metrolink station to the proposed location in Highgrove. Don Earp, Highgrove MAC, expressed concern for the proposed Palymrita Metrolink station and displayed a map of the corner of Palymrita Avenue, which includes existing and proposed warehouses. He suggested purchasing the 19 acres in Highgrove for a Metrolink station. Mark Hansen, UC Riverside area resident, requested an additional public hearing be held in the evening to allow more residents to attend. His concerns with the project included limited benefit of the train schedule to UC Riverside students and faculty, trip costs, close proximity to the proposed Palmyrita station, air quality impacts, and safety issues. Gurumantra Khalsa, representing the University Neighborhood Association, expressed concern for freight impacts that he believes cannot be mitigated. Therefore, he suggested a special assessment district funded by sales tax generated by any warehouse/business receiving rail delivery along the 1-215 corridor. Kevin Dawson, UC Riverside area resident, discussed his concern about the incompatible land use with the rail line based on state planning guidelines. He suggested the Commission mitigate the impacts of the project for the UC Riverside neighborhood. Daryl Salmon, UC Riverside area resident, expressed concern about the noise and safety impacts to the UC Riverside neighborhood and requested that those impacts be mitigated. Walter Noon, UC Riverside area resident, expressed concern regarding traffic and air quality impacts to the UC Riverside neighborhood as a result of the proposed UC Riverside Metrolink station. • Riverside County Transportation Commission Minutes February 11, 2009 Page 4 Jeff Krause, representing UC Riverside, expressed support for the project and public transportation. However, he expressed that the Commission needs to seriously consider the concerns of the residents, Riverside Unified School District, and the city of Riverside. Virniecia Davis, a Perris area resident and Perris Elementary School Board member, expressed strong concern for the traffic impacts to the surrounding area as well as safety issues for the schools that are located along the PVL. At this time, Chair Magee closed the public hearing. Commissioner Marion Ashley expressed strong support for the PVL project and public transportation. He concurred with some of the public comments that were made in support of a Highgrove Metrolink station and urged staff to look into it. He recommended extending the comment period to 60 days. Additionally, he suggested as the Commission works through the environmental process, to strongly consider all the comments and provide alternatives to mitigate some of the concerns. Commissioner James Potts discussed why he believes the project is a vital transportation link for the San Jacinto Valley area and expressed his support for the project. Commissioner Roger Berg expressed support for the project as he believes it is necessary due to the population growth. He also urged staff to look into the potential of a Highgrove station as he believes the project has merit. Chair Magee thanked the public for its testimony and acknowledged the recommendation by Commissioner Ashley to extend the comment period to 60 days. He stated staff has indicated that an extension could jeopardize federal stimulus funds for the project, however, the comment period could be extended if the Commission determines to do so. Commissioner Mary Craton expressed support for the project. She expressed concern that the proposed Highgrove Metrolink station location has not been considered and encouraged staff to look into it. At Commissioner Jeff Stone's request, Steve DeBaun, Commission's legal counsel, stated that there is an official comment period for the proposed PVL project that expires on February 20, however, comments can be received at any point prior to April 8. " Riverside County Transportation Commission Minutes February 11, 2009 Page 5 Commissioner Stone recommended holding an additional public hearing to ensure the public will have another opportunity to express its concerns. He then discussed the importance of the project and expressed his support for mitigation of the issues raised by the public. Commissioner Ashley concurred with holding an additional public hearing and legal counsel confirmed its feasibility. Commissioner Daryl Busch concurred with Commissioner Stone's comments and stated that the Perris City Council and several community members also support the project as it will meet future transportation needs. He expressed his support for the project and as well as mitigation of the issues raised by the public. Commissioner Robin Lowe reminded the Commission that this project is part of a master plan of transportation circulation within Riverside County and the how the station locations were determined. Additionally, the Commission is charged with reducing greenhouse gases and improving air quality. She encouraged the Commission to be attentive to the UC Riverside neighborhood concerns and requested staff revisit the potential of a Highgrove station. She also expressed support for an additional public hearing. Chair Magee announced that membership of the San Jacinto Branch Line "PVL" Ad Hoc Committee as follows: Steve Adams Marion Ashley Daryl Busch Bob Buster Darcy Kuenzi Robin Lowe Jesse Molina James Potts Ron Roberts Chair Magee then extended an invitation to any other Commissioner who wishes to participate in the additional public hearing. Commissioner Stone stated his willingness to participate in the additional public hearing. He then recommended extending the comment period to the date which the additional public hearing will be scheduled. Riverside County Transportation Commission Minutes February 11, 2009 Page 6 Anne Mayer confirmed that staff will work diligently to schedule an evening public hearing with an extension of the public comment period to that date. M/S/C (Stone/Lowe) to direct staff to schedule an additional public hearing on the Perris Valley Line project initial study/mitigated negative declaration and extend the public comment period to that date. 7. ADDITIONS/REVISIONS There were no additions/revisions to the agenda. 8. CONSENT CALENDAR M/S/C (Lowe/Stone) to approve the following Consent Calendar items: 8A. QUARTERLY FINANCIAL STATEMENTS Receive and file the Quarterly Financial Statements for the period ended December 31, 2008. 88. INTERFUND LOAN ACTIVITY REPORT Receive and file the Interfund Loan Activity Report. 8C. QUARTERLY SALES TAX ANALYSIS Receive and file the sales tax analysis for Quarter 3, 2008. 8D. PROJECT MANAGEMENT SERVICES TO ASSIST WITH THE IMPLEMENTATION OF EDEN FINANCIAL MANAGEMENT SOFTWARE SYSTEM 1) Approve Agreement No. 09-19-055-00 with Tyler Technologies, Inc. for the purchase of the EDEN financial management software system; 2) Award Agreement No. 09-19-056-00 to Schafer Consulting for project management support for the development and implementation of the EDEN financial management software system; and 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. Riverside County Transportation Commission Minutes February 11, 2009 Page 7 8E. AMENDMENT NO. 2 WITH CALTRANS FOR THE INTERSTATE 215 CORRIDOR IMPROVEMENT PROJECT 1) Approve Agreement No. 03-31-064-02, Amendment No. 2 to Agreement No. 03-31-064-00, with Ca!trans to reflect adjustments in federal and local funding in an amount not to exceed $20,129,000; and 2) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8F. REVISED PROJECT BUDGET AND PROGRAMMING FOR THE STATE ROUTE 91 HIGH OCCUPANCY VEHICLE LANE PROJECT 1) Receive and file an update on the State Route 91 High Occupancy Vehicle (NOV) lane project; and 2) Authorize the Executive Director, pursuant to legal counsel review, to execute the Cooperative Agreement Amendment Nos. 05-31-527-02 and 08-31-002-01 and Corridor Mobility Improvement Account (CMIA) baseline certification amendment that will reflect an update to the project funding. 8G. STATE ROUTE 91 HIGH OCCUPANCY VEHICLE GAP CLOSURE PROJECT RELOCATION PLAN Adopt the State Route 91 High Occupancy Vehicle (HOV) Gap Closure Project Relocation Plan (Plan). 8H. MEMORANDUM OF UNDERSTANDING FOR LOCAL HIGH-SPEED RAIL STUDIES — FOLLOW UP 1) Approve entering into Memorandum of Understanding (MOU) No. 09-14-025-00 with corresponding state and local agencies for the preparation of studies for the Los Angeles to San Diego via Inland Empire 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. 81. COMMUTER RAIL PROGRAM UPDATE Receive and file an update on the Commuter Rail Program. • Riverside County Transportation Commission Minutes February 11, 2009 Page 8 8J. AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Receive and file a report on the American Recovery and Reinvestment Act of 2009. 9. RESOLUTION NO. 09-002, "RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM-, TO INCLUDE GOVERNMENT CODE SECTION 20903 Michele Cisneros, Accounting and Human Resources Manager, provided an overview of the resolution to amend the contract with the California Public Employees' Retirement System to include Government Code Section 20903 related to an early retirement incentive. M/S/C (Busch/Craton) to: 1) Discuss the costs and savings generated from offering an early retirement incentive pursuant to Government Code Section 20903; 2) Approve a budget adjustment for the potential payout of benefit accruals related to an early retirement incentive; and 3) Adopt Resolution No. 09-002, "Resolution Authorizing Amendment to Contract with the California Public Employees' Retirement System.' 10. REVISED PROJECT SCOPE AND BUDGET FOR THE INTERSTATE 215 BI-COUNTY HIGH OCCUPANCY VEHICLE GAP CLOSURE PROJECT Patricia Castillo, Capital Projects Manager, updated the Commission on the revised project scope and budget for the Interstate 215 bi-county high occupancy vehicle (HOV) gap closure project. M/S/C (Kuenzi/Lowe) to: 1) Approve the inclusion of the 1-215 Bi-County HOV Gap Closure project in the Commission's 2009 Measure A 10-Year Delivery Plan; 2) Approve Agreement No. 09-31-060-00 with San Bernardino Associated Governments (SANBAG) for the project approval and environmental document (PA&ED) phase for the interim project in the amount not to exceed $1,305,396; and • " " Riverside County Transportation Commission Minutes February 11, 2009 Page 9 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 11. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION There were no agenda items pulled from the Consent Calendar. 12. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 12A. Commissioner Potts commended staff for a successful Commission workshop. 12B. Anne Mayer: " Commended staff for its hard work on the Commission workshop; " Updated the Commission on the federal economic stimulus package, including discussion regarding the distribution of funds; and " Announced that staff will be making lobbying trips to Washington, D.C., and if any Commissioners were interested in attending to contact staff. 12C. Commissioner Lowe expressed concern about the distribution of the state funds, which could be distributed through the state and not the county transportation commissions. 13. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting adjourned at 11:15 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, March 11, 2009, in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. Respectfully submitted, 01-)"":'/9-(L Jennifer Harmon Clerk of the Board 1 " " " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Min Saysay, Right -of -Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Resolution of Necessity for the Acquisition of Fee and Temporary Construction Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Particularly Described as Assessor Parcel Numbers 256-140-006 and 291-020-019 (Caltrans Parcel Numbers 21016-1, 21016-2 and 210191, for the Construction and Maintenance of Improvements from the State Route 60 East Junction to the Interstate 215 High Occupancy Vehicle Lanes Connector, in Riverside County, California STAFF RECOMMENDATION: This item is for the Commission to: 1) Conduct a hearing to consider the adoption of Resolution No. 09-004, "Resolution of Necessity for the Acquisition of Fee and Temporary Construction Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Particularly Described as Assessor Parcel Numbers 256-140-006 and 291-020-019 (Caltrans Parcel Numbers 21016-1, 21016-2 and 21019), for the Construction and Maintenance of Improvements from the State Route 60 East Junction to the Interstate 215 High Occupancy Vehicle (HOV) Lanes Connector, in Riverside County, California", including providing all parties interested in the affected property and their attorneys, or representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; d) The offers of just compensation have been made to the property owners; and 3) Adopt Resolution No. 09-004, "Resolution of Necessity for the Acquisition of Fee and Temporary Construction Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Agenda Item 6 1 Particularly Described as Assessor Parcel Numbers 256-140-006 and 291- 020-019 (Ca!trans Parcel Numbers 21016-1, 21016-2 and 21019), is Necessary for the Construction and Maintenance of Improvements from the State Route 60 East Junction to the Interstate 215 HOV Lanes Connector, in Riverside County, California". BACKGROUND INFORMATION: The Commission is being asked to consider the adoption of a Resolution of Necessity declaring an intent to acquire fee and temporary construction easement interests in real property through eminent domain proceedings for the construction and maintenance of a HOV lane on the I-215/SR-60 interchange East Junction (the Project), in the city of Moreno Valley, in the Riverside County. The immediate need for the property acquisition is to proceed with the construction of the Project. The acquisitions are required for, and will benefit, the community by reducing congestion, improving existing operation conditions, and enhancing safety. Litigation guarantees were ordered from Stewart 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 properties. The Commission had the properties appraised and made offers to the record owners. A negotiated settlement has been with the owner of APN 291-020-019, but escrow has not closed. Staff has been unsuccessful in negotiating the purchase of APN 256-140-006; however, negotiations will continue. Since escrow has not closed on the purchase of APN 291-020-019, and an agreement has not been reached with the owners of APN 256-140-006, it may be necessary to acquire the parcels described in Exhibit A by eminent domain. The initiation of the eminent domain process is accomplished by the Commission's' adoption of a resolution of necessity. This hearing is necessary in order for the Commission to initiate the eminent domain process and obtain possession of the property for certification in July 2009. Description of Property to be Acquired 1) APN 256-140-006 (CPNS 21016-1 and 21016-2) is owned by Solieman Parviz Ataii and Goli Ataii, Trustees of the Ataii 2003 Family Trust. This property is located at the northwest quadrant of Box Springs Road and Agenda Item 6 • • • 2 " " " Morton Road in the city of Moreno Valley, in Riverside County, California. This parcel is improved with a 15-unit apartment building, which is included in the purchase area. 2) APN 291-020-019 (CPN 21019) is owned by Robert M. King and M. Christine King, Trustees of the Robert M. King and M. Christine King Revocable Trust of 1990. This property is located along the south side of Box Springs Road, on the north side of the 60/91/215 highway adjacent to the city of Moreno Valley boundary, within the unincorporated area of Riverside County, California. It is improved with a single story retail building along its Box Springs road frontage but not impacted by the acquisition. Project Description The Project calls for the construction of two HOV lanes on the 1-215 between 60/91 /215 and SR-60 interchange (East Junction), realign the existing northbound 1-215 ramp to the westbound SR-60, and widen Box Springs Road from two to four lanes between Morton Road and Box Springs Road/Fair Isle interchange. Hearings and Required Findings The action requested of the Commission at the conclusion of this hearing concerns the acquisition of real property from the property owners listed below, and further identified in the legal descriptions and depicted on the maps attached hereto and marked as Exhibit A. 1) APN 256-140-006 (CPNS 21016-1 and 21016-2) is owned by Solieman Parviz Ataii and Goli Ataii, Trustees of the Ataii 2003 Family Trust. The Commission needs to acquire a portion of this parcel, as follows: approximately 47,587 square feet in fee, and 3,810 square feet in temporary construction easement. 2) APN 291-020-019 (CPN 21019) is owned by Robert M. King and M. Christine King, Trustees of the Robert M. King and M. Christine King Revocable Trust of 1990. The Commission needs to acquire approximately 1,464 square feet in fee. California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a resolution of necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected properties, or their representatives, a reasonable opportunity to appear and be heard on the following matters: Agenda Item 6 3 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 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 February 23, 2009, in accordance with California Code of Civil Procedure, section 1245.235. The above four required findings are addressed as follows: 1. Public Interest and Necessity Require the Proposed Project The acquisition of the properties is necessary to construct the Project, which will close the gap that exists in the HOV lanes on the 60/91/215 and SR-60 interchange (East Junction), realign the existing northbound 1-215 ramp to the westbound SR-60, and widen the Box Springs Road between Morton Road and Box Springs/Fair Isle Drive Interchange, in the city of Moreno Valley, in Riverside County, California. Construction of the Project will reduce traffic congestion and enhance safety. 2. The Project is Planned or Located in a Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury A thorough analysis was conducted to find the single best location for this Project. Environmental analysis and findings indicated that this site uniquely satisfies the engineering, public health, and environmental issues, and this location is the most compatible with public good. It is also the location with the least private injury. 3. The Real Property Sought to be Acquired is Necessary for the Proposed Project As described above, a careful analysis of location and property acquisition was performed, and these parcels meet all the desired characteristics for the construction of the improvements for the Project. Agenda Item 6 • • • 4 " " 4. The Offer of Just Compensation Has Been Made An appraisal was prepared by Commission's appraiser, Donahue Hawran and Malm, LLC to establish fair market value of the real property the Commission is seeking to acquire from the property owned by Solieman Parviz Ataii and Goli Ataii, Trustees of the Ataii 2003 Family Trust. An offer of just compensation was made to the property owners to purchase the real property, based on the approved appraisal, as required by Section 7267.2 of the California Government Code. Although a negotiated settlement may still be possible, 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 time frames associated with the construction of the Project. An Appraisal was prepared Donahue Hawran and Malm, LLC to establish the fair market value of the real property owned by Robert M. King and M. Christine King, Trustees of the Robert M. King and M. Christine King Revocable Trust of 1990. An Offer of just compensation was made to the property owners to purchase the real property, based on the approved appraisal, as required by Section 7267.2 of the California Government Code. Although a negotiated settlement has been reached and escrow was opened on February 23, 2009, it would be prudent and appropriate to commence the procedures to acquire the property through eminent domain, to ensure that the real property will be available to meet the time frames associated with the construction of the Project. Environmental Analysis Compliance with the California Environmental Quality Act (CEQA) has been satisfied by the adoption of the SR-60 East Junction Environmental Impact Report on March 1, 2002. There is no fiscal impact from this action. Notice of Public Hearing Notice of Public Hearing was mailed on February 23, 2009 to each property owner of record. Attachments: 1) Resolution No. 09-004 2) Notices of Hearing to Property Owners, Mailed February 23, 2009. Agenda Item 6 5 ATTACHMENT 1 • • RESOLUTION NO.09-004 A RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION DECLARING THAT THE ACQUISITION OF FEE AND EASEMENT INTERESTS AND IMPROVEMENTS PERTAINING TO THE REALTY IN CERTAIN REAL PROPERTY LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBERS 256-140-006 AND 291-020-019 (CALTRANS PARCEL NOS. 21016-1, 21016-2 AND 21019), BY EMINENT DOMAIN IS NECESSARY FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS FROM THE STATE ROUTE 60 EAST JUNCTION TO THE INTERSTATE 215 HIGH OCCUPANCY VEHICLE LANES CONNECTOR, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee and easement interests and improvements pertaining to the realty in certain real property, located in the County of Riverside, California, more particularly described as Assessor Parcel Nos. 256-140-006 and 291-020-019 (Ca!trans Parcel Nos. 21016-1, 21016-2 and 21019), for purposes of the construction and maintenance of improvements from the State Route 60 East Junction to the Interstate 215 High Occupancy Vehicle Lanes Connector, in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, March 11, 2009, at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, 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 RCTC, and each affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, the RCTC may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE RCTC DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: R VLrRPBARNESl741899.1 Section 1, Compliance with California Code of Civil Procedure. There has been compliance by the RCTC with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for which the portions of fee and temporary construction easement interests are to be acquired is for the construction and maintenance of improvements to State Route 60, Between State Route 215 and State Route 91. Section 130220.5 of the California Public Utilities Code authorizes RCTC to acquire by eminent domain property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal descriptions and plat maps of the real property to be acquired by RCTC, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property described in Exhibit "A" is necessary for the proposed project; and (d) The offers required by section 7267.2 of the California Government Code were made. Section 5. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the real property to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the RCTC 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 RCTC 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. R V L n1PBARNE S\741899. l 7 Section_6. More Necessary Public Use. Some or all of the real property to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the RCTC finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the RCTC 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 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 RCTC is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of RCTC 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 RCTC to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. 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 for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this day of , 2009. Robert Magee, Chairman Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission R V LTTIPBARNES\74 ] 899.1 8 EXHIBITA.1. LEGAL, DESCRIPTION "FEE" SUBJECT PARCEL APN 256-140-006 (portion 47,587 sq.ft.) CPN 21016-1 In the unincorporated area of the County of Riverside, State of California, being a portion of the southeast quarter of Section 33, Township 2 South, Range 4 West, San Bernardino Meridian, as shown by Government Township Plat thereof, lying within that parcel of lend described In Trust Transfer Deed recorded August 28, 2003 as Document no. 2003-665478, Official Records of said County, more particuiady described as follows: CONINIENCING at the southeast comer of said southeast quarter of Section 33; thence along the east line of said Section, North 00°22'38' East, 11.192 meters (36.72 feet);; thence North, 89°28'25" West, 13.411 meter; (44.00 feet) to a pant on the west right-of-way fine of Morton Road. as described in Deed to the County of Riverside recorded May 28, 1975 as Instrument No. 61703, Official Records of Riverside County, California, said point being the southeast comer of said parcel of land described In Trust Transfer Deed, said point also being the POINT OF BEGINNING; Thence along the southerly line of said parcel of Nand, North 89"28'25" West, 67.834 meters (222.55 feet); Thence North 71°36'12" West, 45.535 meters (149.39 feet) to .the easterly right-of-way Fine of Parcel 8,, being that certain 100.00 foot wide strip of land granted to Riverside County Transportation Commission by Grant Deed and Grant of Easement, recorded March 30. 1993 as Instrument No. 118807, Records of Riverside County, Caifomia; Thence along said easterly right-of-way line, North 15'29'44" West. 58.660 meters (192.45 feet) to a point in a non -tangent curve, concave southerly and having a radius of 54.517 meters (178.86 feet), a radial through said pant bears North 15°42'40' West; Thence leaving said easterly right -way -line, easterly along said curve 61.223 meters (200.86 feet) through a central angle of 64°20'37"; Thence non -tangent to said curve, South 36'51'39" East, 29.843 meters (97.91 feet) to the beginning of a non -tangent curve, concave rortheastedy and having a radius of 88.428 meters (290.12 feet), a radial through said point bears South 50"39'52" West; Thence southeasterly along said curve 24.886 meters (81.65 feet) through a central angle of 16°07'28' to a point of compound curve, concave northerly and having a radius of 68.478 meters (224.66 feet), a radial through said pant bears South 18"43'02' West; Thence easterly along said curve 21.753 meters (71.37 feet) through a central angle of 18'12'03'; Thence South 89°29'01" East, 6.088 meters (19.97 feet) Thence North 45°26'49" East, 10.595 meters (34.76 feet) to said west right-of-way line of Morton Road; Thence South 00°22'38" West, abng said west right-of-way line, 18.164 meters (59.59 feet) to the TRUE POINT OF BEGINNING. Exhibit ,Page 9 " /. EXHIBIT A.1 LEGAL DESCRIPTION " TEMPORARY CONSTRUCTION EASEMENT APN 256-140-006 (3,810 sq. ft.) CPN 21016-2 In the unincorporated area of the County of Riverside, State of California, being a portion of the southeast quarter of Section 33, Township 2 South, Range 4 West, San Bernardino Meridian, as shown by Government Township Plat thereof, lying within that parcel of landdescribed in Trust Transfer Deed recorded August 28, 2003 as Document no. 2003-665478, Official Records of said County, more particularly described as follows: COMMENCING at the southeast corner of said southeast quarter of Section 33; thence along the east line of said Section, North 00�22'38* East, 11_.192 meters (36.72 feet); thence North 89�28'25" West, 13.411 meters (44.00 feet) to a point on the west right-of-way line of Morton Road as described in Deed to the County of Riverside recorded May 28, 1975-as instrument No. 61703, Official Records of Riverside County, California. said point being the southeast corner of said parcel of land described in Trust Transfer Deed, thence along the southerly line of said parcel of land, North 89�28'25' West, 67.834 meters (222.55 feet); thence North 71'36'12" West, 45.535 meters (149.39 feet) to the easterly right-of-way line of Parcel 8, being that certain 100.00 foot wide strip of land granted to Riverside County Transportation Commission by Grant Deed and Grant of Easement, recorded March 30, 1993 as Instrument No. 116807, Records of Riverside County: California; thence along said easterly right-of-way line, North 15�29'44" West, 58.660 meters (192.45 feet) to the POINT OF BEGINNING; Thence continuing along said easterly right-of-way line, North 15'29'44" West, 44.620 meters 046.39 feet); Thence leaving said easterly right-of-way line. South 55'45'56" East, 11.845 meters (38.86 feet); Thence, South 19�27'41" East, 36.691 " meters (120.05 feet) to a point in a non -tangent save, concave southerly and having a radius of 54.517 meters (178.86 feet), a radial through said point bears North 04�56'41" West; Thence westerly along said curve, 10.244 meters (33.61 feet) through a central angle of 10�45'59" to the TRUE POINT OF BEGINNING. Exhibit 'Page  A" Q 2. 4 w a rw ,Q, n. J ~ � 11-d!L VLISZ ;ooi Pd 1— \_ ▪ - /,✓ ` _' \ { / I 620-600 / I CZ-070/ J, I re l is" I r ` d 1 / I 1 , / I t � I vst-E"-- / A r � % 1 ' I ` 1 {, I \ ` • • , ' • 'a 'SZ'1 fE 35'210d .. _ — — ^ — _Xji — _ Tlla]'7167,03-oPlcnu 11"!d 95nB drn SIMMS lo-rc arcs, 1 I (111 '3 S.20MI11010 3112 M1101101 57 111/2-211 t, 616Id S.110227122'YNtlIS Y11'6 Lq G llq ur111107-00 160 S)SOdW 160021SSY It • " E- 5 .. ,olof " ------ __________----,-----N \ ..-' S. .....-.." -""-"'.. ........,'"' ......./.'.....-.." ........ -...... 1 ... .... .......-" :-.... .-..-" ..* ""'...1 " "' . ......"-'"'''...."'. .... ......_., .. .... 7.........\ \....... . ,......." " " -" 1:,t......." -" .__ ...........-....- ..... """- " ..t. .., ...  ....-" _ i...- t; --- _,,,,,,,3, ...--  _ . --, ...--r" '-filt--- .,...,-------Fr -,,,----T.T......?, -- ---g.05"\.. .....-t--"" 4 j.....::: --zq .VP " - .. , 0 E..4. .0 ,...,  " ......- ... .4 '4 ---:: A,..,,,........":\f---Q F . ,1," ,,s" s-3 -' .:/r/r" a, -" \ (--, .., ....,, 0,- ;.."  ....._ e. , , O vf,/, --)1\:. ..:.c , 0 " 4 c. -i a,{.. \ ,.L ,. 9 ,,\. 11......,...,61. 1......)4.; (\ .,.,, \ -))/ im (,) - , le up,t.iStA \.tt ....._.., 1%.1." \ --......_1 A .,. \ rre-Ls. ' .'"'-----".." " -" . 1-j" -" 121-143-7---- ,1---' '. s% \ 6T.i. *::-.. ..--f.: \ % g , r_. \,,..,...,\,..,.....e_I44-" .-.) ------... .:.... .1. , " " '..s i  " 1 c, %. A " zs. -1:1-- " -.. --______ " Oa " " " " 111" " 10 U. ,Ar _ A" " -rz:4 \ " " _ ,, ,A.. ..,..,... 't " 11 ept..ISt \ , ") 1'N " ----- ) -... . , 1.-" , .,  st, I!. ,er\s' k-- . '''. , \ .\,..1'zi.;'".-.7.-" ,,,,..,:\. &... ..., r..,:.::: . 3 gfcriF--.. ......=-,,--;_. ...)--.%-:14&. e-" " \ \ ''''.1. . "........... -. . f \ ..., .... - '.4..'3 \,/ \ \ 1,..,)-- . " '744" -:-, " ,,,,,f , P.us" 1 \--..-.....--. 1,,,,.;_.7r .r..._,-...-.,.-..--,.',7-I.-I,-l--,l." .,l_-i--Ti /--r-.-.r7. _. ,. ...-. (.. .._ry.-I:,." ....----1,--:-)- L.) ,i_L--4--71./v_r.:.:r.e...,f .hj.ir. -.-..- ( s" A r EXHIBIT A.1 LEGAL DESCRIPTION "FEE" APN: 291-020-019 (portion 1,464 sq.ft.) CPN: 21019 Being a portion of Lot of Tract 12, as per map recorded in Book 10 of Maps, Pages 7 and 8, in the office of the County Recorder of Riverside County, California, lying within Parcel 2 of Individual Grant Deed recorded December 14,1990 as Document No. 452660, Official Records of said County and State, more particularly described as follows: COMMENCING at the intersection of the west tine of said Lot 4 with a line parallel with and distant 13.411 meters (44 feet) southerly, ;treasured at right angles from the centerline of Box Springs Road (Lawless Road as shown on said map of Tract No.12); thence along said parallel line South 89°32'48° East, 91.437 meters (299.99 feet); thence South 00°27'12" West, 57.923 meters (190.04 feel) to the southeast comer of said Parcel 2, said point being the POINT OF BEGINNING; Thence along, the southwest line of said Parcel 2, North 68°34'11' West, 97.735 meters (320.65 feet) to the southwest comer thereof; thence along the west line of said Parcel 2, North 00°00'14" East, 2.809 meters (9.22 feet); thence leaving said west line, South 67°03'12" East, 98.796 meters (324.13 feet) to the TRUE POINT OF BEGINNING. Exhibit 3 Page 5 " szt ,tr 00 t 710-VA SFS-12C 9SS-667 dew soossessd LS Stl diR DYE dill OA PF3dl QY-NICI Itd S-t/a) flr , \ \ \ 4+ " " '%ram , Ct " L \ ig\ y os ` �� ���� .' ., " " " " ,:. s l f tru"&OVA im i " tt ?�� yz ������ ��1 aiiry T14.E a>wa��i Anna : '^'^��t4447 trsettakt " 1MT" lVt: 44. tMTlf{ - I41146Y yjj :it row' ERA OMR 30156121 16 .1115 ii 8 'SS1 # f' 3S 7P tf Alb NEP 70; -pin .4003 iryii:+li iB'il Ii2Y! dll t.816751 " i Prot s z I 'S)AIc!!q'4 It spew n ����if-�� of rAg iuu t o wrk'��i��M "o"swutixi��ii'u ooptiBil SPY " ! , 11111111111116. r • • • • • EXHIBIT A.3 RIGHT-OF-WAY ACQUISITION AREA MAP LIR & WC/MENTO ENO/MERIN° CORPORATION 10111 BUSINESS CENTER DR, STE situ araunortio,eA 97.90E Ci Exhibit Page 7 ATTACHMENT 'COPY 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, March 11, 2009, at 9:30 A.M., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of fee and temporary construction easement interests in portions of certain real 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 improvements from the State Route 60 East Junction to the Interstate 215 High Occupancy Vehicle Lanes Connector, in Riverside County, Califomia. 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 Califomia Government Code has been made. R V LITTB ARNES1741920.1 16 Your failure to file a 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: Jennifer Harmon Clerk of the Board -Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: �3 ,dy RV LITIPBARNESl74I 920.1 Wednesday, March 11, 2009 9:30 a.m. Riverside County Administration • Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: t kin 17 Kendall H. MacVey Attorneys for Riverside County Transportation Commission 17 EXHIBIT A.1 LEGAL DESCRIPTION "FEE" SURIECT PARCEL APN 256-140-006 (portion 47,587 sq.ft.) CPN 21016-1 In the unincorporated area of the County of Riverside, State of California, being a portion of the southeast quarter of Section 33, Township 2 South, Ftenge 4 West, San Bernardino Meridian, as shown by Government Township Plat thereof, lying within that parcel of land described in Trust 'transfer Deed recorded August 28, 2003 as Document no. 2003-665478, Official Records of said County, more particularly described as follows: COMMENCING at the southeast corner of said southeast quarter of Section 33; thence along the east line of said Section, North 00`22'38- East, 11.192 meters (36.72 feet); thence North 89°28'25" West; 13.411 meters (44.00 feet) to a point on the west right-of-way line of Morton Road as described in Deed to the County of Riverside recorded May 28,1975 as Instrument No. 61703, Official Records of Riverside County, California, said point being the southeast comer of said parcel of land described in Trust Transfer Deed; said point also being the POINT OF BEGINNING; Thence along the southerly be of said parcel of land, North 89"2825° West, 67.834 meters (222.55 feet); Thence North 71°36'12' West, 45.535 meters (149.39 feet) to the easterly right-of-way lire of Parcel 8, being that certain 100.00 foot wide strip of land granted to Riverside County Transportation Cornrnission by Grant Deedand Grant of Easement, recorded March 30, 1993 as Instrument No. 116807, Records of Riverside County, California; Thence along said easterly tight -of -way line, North 15'29'44" West, 58.660 meters (192.45 feel) to a point in a non -tangent curve, concave southerly and having a radius of 54.517 meters (178.86 feet), a radial through said point bears North 15°42'40" West; Thence leaving said easterly right -way -line, easterly along said curve 61.223 meters (200,86 feet) through a central angle of 64°20'37", Thence non tangent to said curve, South 36°51'39* East, 29.843 meters (97.91 feet) to the beginning of a non -tangent curve, concave northeasterly and having a radius of 88.428 meters (290.12 feel), a radial through said point bears South 50'39'52" West; Thence southeasterly along said curve 24.886 meters (81.65 feet) through a central angle of 16°0728" to a pant of compound curve, concave northerly and having a radius of 68.478 meters (224.66 feet), a radial through said pant bears South 18°43'02" West; Thence easterly along said curve 21.753 meters (71.37 feet) through a central angle of 18°12'03% Thence South-89°29'01" East, 8.088 meters (19.97 feet); Thence North 45'26'49" East, 10.595 meters (34.76 feet) to said west right-of-way line of Morton Road; Thence South 00"22'38" West, along said west right-of-way line, 18.164 meters (59.59 feet) to the TRUE POINT OF BEGINNING. Exhibit cage EXHIBIT A.1 LEGAL DESCRIPTION • TEMPORARY CONSTRUCTION EASEMENT APN 256-140-006 (3,810 sq. ft.) CPN 21016-2 In the unincorporated area of the County of Riverside, State of California, being a portion of the southeast quarter of Section 33, Township 2 South, Range 4 West, San Bernardino Meridian, as shown by Government Township Plat thereof, lying within that parcel of Nand described in Trust Transfer Deed recorded august 28, 2003 as Document no. 2003-665478, Official Records of said County, more particularly described as follows: COMMENCING at the southeast comer of said southeast quarter of Section 33: thence along the east line of said Section, North 00°22'38° East, 11.192 meters (36.72 feet); thence North 89°28'25" West, 13.411 meters (44.00 feet) toa point on the west right-of-way line of Morton Road as described in Deed to the County of Riverside recorded May 28, 1975 as Instrument No. 61703, Official Records of Riverside County, California, said point being the southeast comer of said parcel of land described in Trust Transfer Deed, thence along the southerly line of said parcel of land, North 89°28'25" West, 67.834 meters (222.65 feet); thence North 71°36'12" West, 455.535 meters (149.39 feet) to the easterly right-of-way line of Parcel 8, being that certain 100.00 foot wide strip of land granted to Riverside County Transportation Commission by Grant Deed and Grant of Easement, recorded March 30, 1993 as Instrument No. 116807, Records of Riverside County„ . Califomia; thence along said easterly right-of-way line, North 15°29'44" West, 58.660 meters (192.45 feet) to the POINT OF BEGINNING; Thence continuing along said easterly right-of-way line, North 15°29'44" West, 44.620 meters. (146.39 feet); Thence leaving said easterly right-of-way line, South 55°45'56" East, 11.845 meters (38.86 feet); Thence, South 19°27'41" East, 36.591 •meters (120.05 feet) to a point in a non -tangent curve, concave southerly and having a radius of 54.517 meters (178.86 feet), a radial through said point bears North 04°56'41" West; Thence westerly along said curve, 10.244 meters (33.61 feet) through a central angle of 10°45'59" to the TRUE POINT OF BEGINNING. Exhibit --44.4--.Page -Z— cy 4 w U N @n .e/ H'1• sn,n�su>t�m,_ snit otonc slaeemdlmlta wairrimetlawmsor ¢ pritGit'llR7.�S.']IFl It-8s1 ti[•9SZ r� L r r r r r' �� I ! ri r '1 . l I ,__ / I` s. / / `�: / r 060n600 r / r r 611n090 vi0-01 r i / r r0 ♦ ` ♦fit a sa 1 SS 3S'80d SKr LIVIF113 IWI3�0" igti rilfJ ii 1 1 I I I i 1 I1'Od 9406 drll 5,10SSISS 'sDMHl010 Ills ounce EO 11715-101 11 1SlRtSy�IAU SIStland INIDSS1Sir3 et • " z  .." " " aJe. " " " " '' " 1.4". " ," 'r .14 . 10 >I " .et 1 7 .7*-- " "" " " '2 t " " " " ' 10- c " " " .!"-17"".r..s.m)  D.Ing ." " 77-7-0 fti, \ 11, o , (c. . e < .... 1`..., 4.._. N "  4i " \ \ " 4, " " "  " ..-- , '7. . " .." " " " -" " " " I " , , " N " " 1-'1 " Tr s " " " ," " " " " l ' ` A9 ,. 0 PROOF OF MAILING NOTICE 1, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on February 23, 2009, 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 Assessor Parcel No. 256-140-006 (Project Parcel Nos. 21016-1 and 21016-2). Solieman Parviz Ataii, Trustee of the Ataii 2003 Family Trust Gob Ataii, Trustee of the Ataii 2003 Family Trust 22912 Oceanbreeze Way Laguna Niguel, CA 92677 and Patrick Hennessey, Esq. Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP East Tower, Suite 1300 2603 Main Street Irvine, CA 92614-6228 R V LI TT B ARN ES1741920.1 22 " " " 4 , r y NOTICE OF HEARING TO PROPERTY OWNERS 'COPY Pursuant to Section 1245.235of the California Code of Civil Procedure, you are hereby notified that at regular meeting to be held on Wednesday, March 11, 2009, at 9:30 A.M., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of fee and temporary construction easement interests in portions of certain real 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 improvements from the State Route 60 East Junction to the Interstate 215 High Occupancy Vehicle Lanes -Connector, in Riverside County, California. 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 Govemment Code has been made. RVLITWBARNES\7,11920.1 23 Your failure to file a 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: Jennifer Harmon Clerk of the Board -Riverside County Transportation Commission 4080 Lemon Street, 3r1Floor Riverside, California 92501 DATE OF HEARING: :PLACE OF HEARING: DATED: j.4. '3 -960- RVLI TBARNES\741920.1 Wednesday, March 11, 2009 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: giz-ete'a 14-1// Kendall H. MacVey Attorneys for Riverside County Transportation Commission 24 EXHIBIT A.1 LEGAL DESCRIPTION "FEE" APN• 291-020-019 (portion 1,464 sq.ft ) CPN: 21019 Being a portion of Lot 4 of Tract 12, as per map recorded in Book 10 of Maps, Pages 7 and 8; in the office of the County Recorder of Riverside County, California, lying within Parcel 2 of individual Grant Deed recorded December 14,1990 as Document No. 452660, Official Records of said County and State, more partickdarly described as follows: COMMENCING at the intersection of the west line of said Lot 4 with a line parallel with and distant 13.411 meters (44 feet) southerly, measured at right angles from the centerline of Box Springs Road (Lawless Road as shown on said map of Tract No.12); thence along said parallel line South 89°32'48° East, 91.437 meters (299.99 feet); thence South 00°27'12" West; 57.923 meters (190.04 feet) to the southeast comer of said Parcel 2, said pant being the POINT OF BEGINNING; Thence along the southwest line of said Parcel 2, North 68°34'11' West, 97.735 meters (32065 feet) to the southwest comer thereof; thence along the west line of said Parcel 2, North 00°00'14" East, 2.809 meters (9.22 feet); thence leaving said west line, South 67°03'12" East; 98,796 meters (324.13 feet) to the TRUE POINT OF BEGINNING. Exhibit I?5 Page i " b�� Mt r4 L f09�� tii-C10 �CS-tLO 9SS-1M :t:aa r r I dew soossessd 'IS Ant i7 i. dai ODf (mai 49 in lama --4rtAtl Ri a \ ItLK Yr Ji ]lr��{TIIQ f&' y 1��l 1' '\ r � %4 Tw��n'n q V !WV aflj.l na.��" 1 MITA r1 �� `" \ rskrta 'Ye arrr ran r 1. 1M��YK'ilar���� a � 6 V�� NJ41ra MIN RP a! we i 7s \ -c��sax """'" CC A'_IiYA RSIOn .30101h13 jQ All3 Mt 11 5E' l C' 33S 1 " Pisa " IImo: sal 0+All <D'J Hai Aa sd067S9 Mg 82 '91lNi1M1A IIS AAdfllll fa 1 Y Ol 11a01 XAi (,�� umiitlatn ds��,Erol��ns �� i N nsl y m r N 4 j A EXHIBIT A3 RIGHT-OF-WAY ACQUISITYON AREA MAP Exhibit A 27 )age -3 LIMP&& NASONN1ENTO ENGINEERING COR�T BUSS iMINO,OCENTER908 STE Tin Maio or or _Hs office Or for Mt ooc rocy or coolotora ass olootrcn PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on February 23, 2009, 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 Assessor Parcel No. 219-020-019 (Project Parcel No. 21019). Robert M. King, Trustee of the Robert M. King and M. Christine King Revocable Trust of 1990 M. Christine King, Trustee of the Robert M. King and M. Christine King Revocable Trust of 1990 353 Rio Road Arroyo Grande, CA 93420 Dated: .43 egfre/ R V L1TTBARNES\741920.1 COP` 28 i " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Anne Hallberg, Accounting Supervisor Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Investment Report BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Quarterly Investment Report for the quarter ended December 31, 2008. 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 December 31, 2008, is also attached for review. Attachments: 1) Quarterly Investment Report for the Quarter ended December 31, 2008 2) County of Riverside Investment Report for the Month ended December 31, 2008 Agenda Item 8A 29 Port/.11o Invosa(rnosn[ Typos m„va n. na.a ants 3.16% Statement of Compliance All of the above investments and any investment decisions made for the quarter ended December 31, 2008 were in full compliance with the Commission's investment policy as adopted on April 9, 2008. The Commission has adequate cash flows for six months of operations. • Signed by• Chief Financial Officer 30 sesodnM &goods., Isgusue Jo; °genies., usol a se peuode, el seals qgm lueugsenul I I) PLC 'L60'$0% 906'0Z8'91. EE9'696'ZS E14'91.$ 9Z OZL'ZL9'9Z L90'£O9'£ U10149'OE9 EL£'ZL 1V1O1 slueuree,6V )uewlsenul epund !WWII lelol- qnS pond uope6lga pewweno0 uespeury Is,ld Isrul -pund suo9e611g0 knese,l uespeurV ls,l j :spund primp/ dltll !odd Alunoo »lue8 3dA11N3111S3ANl a3ZMvvemis 960'S $ 9060� ZB� 9i $ 000'9Z6'S1. $ %Z0'0 60/9Z/S0 90/9Z/SO $ (8801) 3(11VA NIVO 03211VBmn 1351dVN 1803 3SVH0`Jf1d %99'Z VIN %en Vas: AlplllltlN 31tl0 31V0 010131A A11LV11VN 3SVHONnd L£ 0009Z64L $ ele8 uodnoo alga ppnlepy ppnleN le enleA Jed 3NON :sellpnyeyy euoN :seseymnd 900Z'1.E,°gwesea pepu3,apan0 NI ,ol suopsesue,l p audeenul VIN %00'9 V/N V/N V!N V/N V/N LeVW/eaV V/N wVVV/eeV 9LZ L60L60 COS 9EE'OL 6'99 91.L'949'9Z 906'OZ6'Sl OZL'ZL9'9Z 619'919'6g t+A/VVV/lJN-eeV 61.9'Els'69 paled 1oN L+A tret11 aN/eeV +988/£V 91.9'EL9'9LE L90'E04'E 6$ V99 V l/E eeE'n 3111VA 31Vd d8S H011d/SA000N 301VA 81Vd ),Vd NOdn00 ONI1Va spueumenut pue ysep OV 1V101 evesey Igemepund Iselad pu00 MOMS pun j uolle6pg0 puewu.,eno9 uenpawV psnd spuewee.,6V Wewpsenul pund euolpe611go A./nsea.,l uespsury gelid 3/110S3a 1830/SONOd 1031O41d ONOEI NOISSINNOO yawl ul plat/ epund IelspsnS pund uolleuodsue,l pool 'pund luewlsenul pelood s,wmsee,l 6lunop anal NI Ol3H SONpd spund 6upeeed0 lepolgns (jun) pund 1uawlsenul Foue6V lesol pund luewpsenul pelood s,,emsewl luunop susodea >pee leuo9eN pip SOWN OMINION° 200Z'LC ,egweoed :pepu3 poued podea allo;uod luemsenul uolsspu,00 uopeyodsue,l Alunoo epis,enib • • • SAFETY OF' PRINCIPAL PUBLIC TRUST MAXIMUM RATE, :9F..RETURN Don Kent Treasurer -Tax Collector Jon Christensen , Assistant Treasurer -Tax Collector 8 Giovane.Tizano.. -'- Investment Naar;` 2t;' Lc'oclu5 Durable Goods Orders (-1% actual vs. -3% survey) Consumer Confidence (38 actualvs.45 survey) Unemployment Rate (7.2% actual vs.7% survey ) Payroll change(-524000 actual vs.-500000 survey) "2008, Not So Great!!!" 2006 proved to be the worst year for the U.S. economy and the capi- tal markets since the Great Depression as the housing slump and subsequent subprime meltdown have morphed Into an economic crisis of epic proportions. Worldwide, central banks have responded by cutting rates aggressively, hoping to free up capital and to thaw out frozen credit markets. To add fuel to the fire, many states, Including California, are having massive budget shortfalls; this too has a trickle down effect right here In Riverside County. At its December 16s' meeting, for the first time in its monetary policy history, the FOMC placed a variable rate range of between 0 and 25 bps. when it cut the benchmark federal funds rate. Additionally, the FED announced Its open market activity of buying U.S. Treasury and agency securities in an effort to further bring down bond market rates of inter- est; this is all an attempt to reduce rates in the mortgage market for those looking to purchase or refinance. The rate cuts were in conjunction with the multiple infusions of cash directly into financial Institutions made by the government; It's about as close to nationalizing our bank- ing system as this country has ever come due to free market capitalism being shaken to its core. At this point, the jury is still out as to whether or not public sector intervention is working, but, through the passage of time and private capital hitting the risk premium bid, some sort of normalcy will reap- pear, albeit slowly. Our best guess is that it will be after all of the TARP funds are spent and on the heels of close to a trillion dollar federal stimulus package to get the ball rolling again. Due to record low Interest rates, Pool Investment earnings will continue to come down for the remainder of this fiscal year and next. We will stick to our priorities though of capital preservation in the pursuit of returns for our deposi- tors as we ride out this perfect economic storm. Don Kent Treasurer -Tax Collector November September End Matte Value* Month End BD Value Los.," ($; 5,141,619,940.83 5,122,200,572.50 19,419,368.33 4, 871, 056, 515.74 4, 876, 250, 943.87 (5,194,428.13) (4,127, 898.25) 5,015,373,203.02 5,019,501,101.27 Loss (%) ah'li:)d (Yrs.) Duration 0.38% 3.00 1.06 1.00 -0.11 % 2.96 1.06 1.00 -0.08% 3.10 1.20 1.13 *Market values do not include accrued interest 32 i The fed changed their target rate to a range of 0 to 25 bps. on De- cember 16. The 2 year T-Note was yielding .76% (down 24bps). while the 10 year T-Note was yield- ing 2.25% (down 68bps.) For December, the Pool had a de- crease of 44bps. in the average monthly yield. 3MQ 6M0'. 2YR'- 5YR;1;� 3 M o US Treasury Bin 6Mo US Treasury Bill 027 (0.17) 2 Yr US Treasury Note 0.76 (0.24) 5 Yr US Treasury Nate 155 (0.38) T) Yr US Treasury Note 225 (0.68) FED Fund Rate 025 (0.75) 0.11 0.'0 Crude Oil (barrel) 44.60 (23.21) Gold (Ounce) 882.05 152.30 DJIA S&P 500 NASDAQ 8,776.39 903,25 1,577.03 (548.62) (65.50) 143.92) Page 1 • Sector breakdown Market Value Vl AM Cash Equivalent d MMF Negotiable CDs Municipal Bonds Local Agency Obligation 818,351351 95,000,000 115,321,739 0.15 Book Yield 0.56 0.07 2.63 1.27 3.86 87,329,000 0.95 3.25 TOTAL 6,205,762,886 1.06 2.86 A-1/ P-1 orbetter 10.36 % N1R 3.31 % Maturity Distribution 3000 % 2500% 2000 % 1500 % 1000% 500% 0% 30 days or 30 - 90 Days 90 Days - 1 1 - 2 Years 2 - 3 Years Over 3 12 Month Gross Yield Trendsl 4 3 2 Daa-07 Jan-08 Fab-08 Mar-08 Apr-08 May-08 Jun-08 Jul-08 Aug-08 Sap-08 Oat-08 Nov-08 Dao-08 1/2009 628.9 1,391.0 (762.1) 1,451.2 3/2009 807.6 955.9 (148.2) 148.2 415.0 3/2009 592.5 1,341.7 (749.2) 371.4 628.9 7/2009 735.3 1,107.9 (372.6) 372.6 127.7 9/2009 564.4 795.9 (231.5) 231.5 36.2 11/200.9 743.2 ToT Ai s 9,4853 768.4 z uuy_t; (23.2) 25.2 100.6 980.1 6.1.611': 63 98".q, / Treasurer's -Institutional Money Market Index (TIMMI) is compiled and reported by the Riverside County 7reasurer's Capital Markets division. 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Spm pung Tuau lsanui palood S,aarnsparZ atlZ " " RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Revisions to the Debt Management Policy BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the revisions to the Debt Management Policy; and 2) Adopt Resolution No. 09-003, uA Resolution of the Riverside County Transportation Commission Regarding the Revised Debt Management Policy." BACKGROUND INFORMATION: The Internal Revenue Service has commenced a compliance project to evaluate post -issuance and record retention policies, procedures, and practices of governmental issuers of tax-exempt bonds. Accordingly, as a proactive measure, staff requested Fieldman, Rolapp & Associates (Fieldman), the Commission's financial advisor, to review the current Debt Management Policy to ensure that it is appropriate and in compliance with applicable laws and regulations. Additionally, staff requested that Fieldman consider any revisions applicable to the issuance of toll revenue bonds in future years. The attachment to this staff report is the marked -up version of the debt management policy with the proposed changes. The most significant changes to the Debt Management Policy are as follows: " Reference to the 2009 Measure A program debt limitation; " Updated ratings; " Updated information regarding outstanding debt anticipated as of June 30, 2009, the date of expiration of the 1989 Measure A program; " Update to responsibility for developing and maintaining the time and responsibility schedule; " Requirement for a marketing plan to be prepared by the book -running senior manager; Agenda Item 8B 42 " Clarification in the limit on variable rate debt when variable rate debt has been swapped to a fixed rate; " Change in the continuing disclosure requirements regarding national repositories; " Addition of a section on arbitrage rebate and yield calculation requirements; " Addition of recordkeeping and tax return filing requirements; and " Updated information regarding location of investor disclosure information. Staff believes that the revised Debt Management Policy is in compliance with applicable laws and regulations and recommends that the Commission approve such policy. Attachments: 1) Resolution No. 09-003 2) Proposed Debt Management Policy Agenda Item 8B 43 RESOLUTION NO. 09-003 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION REGARDING THE REVISED DEBT MANAGEMENT POLICY WHEREAS, the Riverside County Transportation Commission (the "Commission") currently retains the authority to add, delete or otherwise modify the Commission's policies and procedures. NOW, THEREFORE, the Riverside County Transportation Commission does hereby resolve as follows: Section 1. The Riverside County Transportation Commission hereby adopts the Debt Management Policy, as revised on March 11, 2009. APPROVED AND ADOPTED this 11"' day of March, 2009: Robert E. Magee, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon Clerk of the Board 44 I, Jennifer Harmon, Clerk of the Board, do hereby certify that the foregoing Resolution No. 09-003 was duly and regularly adopted by the Riverside County Transportation Commission at a regular meeting thereof, held on the 11th day of March, 2009, and that the foregoing is a full, true and correct copy of said Resolution. Jennifer Harmon Clerk of the Board 45 DEBT MANAGEMENT POLICY The Riverside County Transportation Commission (RCTC) is responsible for providing leadership and creating transportation choices that enhance the quality of life in Riverside County. RCTC's mission is to create, coordinate, finance, and deliver an easy to use transportation network that keeps Riverside County moving and meets the public's needs. In an effort to fulfill this vision, RCTC issues short and long-term debt on an as -needed basis. RCTC's Chief Financial Officer (CFO) is responsible for the sale of debt for the specific projects. RCTC's main objectives in the sale of debt are to: • Issue bonds subject to a bond debt limitation of $525,000,000 under the 1989 Measure A program, • Issue bonds subject to a bond debt limitation of $500,000,000 under the 2009 Measure A program, • Maintain a 2x debt service coverage, • Obtain the lowest possible and prudently available cost of funds for each of RCTC's borrowing programs, • Obtain the highest possible credit ratings that allow sufficient flexibility, • Minimize risk exposure to variable rate debt and/or derivatives, and • Maintain the required secondary market disclosure with the rating agencies, institutional and retail investors. This Comprehensive Debt Management Policy contains the policies and the procedures that govern all debt sales. All participants performing services on RCTC's debt sales: • Must comply with the policies and procedures set forth herein, and • Will be expected to consistently perform at a level that provides maximum benefit to RCTC. The CFO, after consultation with and approval by RCTC's,Board of Commissioners (Board), reserves the right to remove any participant from an RCTC transaction or underwriting pool at any time for substandard performance or failure to abide by RCTC's Comprehensive Debt Management Policy. The CFO actively manages all phases of each financing. All decisions related to each transaction are subject to the CFO's approval. Questions regarding the policies and procedures outlined in this Comprehensive Debt Management Policy should be directed to: Theresia Trevino, CFO Riverside County Transportation Commission 4080 Lemon Street, 3'd Floor Riverside, California 92501 Mailing Address: PO Box 12008, Riverside, CA 92502-2208 (951) 787-7141—E-mail address: ttrevino(a/rctc.org Deleted: Budget and Implementation Committee 46 A. GOALS AND CREDIT OBJECTIVES RCTC's goals and credit objectives are to: • Serve the people of Riverside County in the fulfillment of RCTC's policy and transportation objectives, • Comply with all State and Federal laws and regulations governing the issuance of debt, • Promptly repay when due the principal and interest on all debt issued and outstanding, • Implement debt programs with the highest possible credit ratings which provide the necessary flexibility in order to achieve the lowest possible borrowing costs on RCTC's debt obligations, • Ensure that RCTC's debt proceeds are invested in safe, liquid and secure investments that earn competitive market rates of return in accordance with RCTC's Annual Investment Policy and indenture, • Establish policies and procedures for participation in RCTC's debt financing, • Hold debt financing participants accountable to such policies and procedures, • Reward adherence to RCTC's policies and procedures and good performance by the debt financing participants with continued participation in RCTC's debt financing program, • Explore and implement ,alternative structuring ideas when they are prudent and consistent ,' with the statements listed above, and thus • Protect the funds that Riverside County taxpayers have entrusted to RCTC. B. CREDIT RATING OBJECTIVES RCTC seeks to obtain and maintain the highest possible debt ratings while at same time providing the appropriate and necessary flexibility in its bond financing documents. Sales Tax Revenue Bonds 1' I RCTC currently maintains an "AAZ" rating from Moody's Investors Service, an "AA +';rating from Standard and Poor's Ratings Group and a "AA" from Fitch Ratings. ,Any debt related to the 1989 Measure A will be retired as of June 30, 2009. As of June 30, 2009,�' RCTC will have the following debt issues or commercial paper programs outstanding under the 2009 Measure A: 1. ,S126,395,0O0 Sales Tax Revenue Bonds, Series 2008 Bands and, 2. ,S185,O00,0O0 Commercial Paper Notes, Series A and Series B, C. SELECTING THE APPROPRIATE METHOD OF DEBT SALE It is in the interest of RCTC to sell its public debt using the method of sale that is expected to achieve the best sale results, taking into account both short-range and long-range implications for Riverside County taxpayers. The CFO will advise the J3oard of the most appropriate method of sale in light of the prevailing financial, market and transaction -specific conditions. D. APPOINTMENT OF A FINANCIAL ADVISOR The CFO, with the approval of thepoard, may select a financial advisor to assist in the issuance and administration of RCTC's debt. The services of the financial advisor may include, but are not limited t0: • Monitoring all fixed income markets, Deleted: innovative Deleted: A Deleted: and an A Deleted: a-2 Deleted: The outstanding debt. issues as of June 30, 2005 are as follows:) Deleted: 1993 Sales Tax Revenue Bonds (Limited Tax Bonds), Series ,A, Principal Amount $ Deleted: 136,610,000. Deleted: 1996 Sales Tax Refunding Bonds (Limited Tax Bonds), Series A, Principal Amount Deleted: 61,765,000 Deleted: < # > 1997 Sales T Revenue Bonds (Limited Tax Bonds), Series A, Principal Amount $47,910,000.1 <#>1997 Junior Sales Tax Revenue Bonds (Limited Tax Bonds), Series B, Principal Amount $13,245,000.1 <#>2000 Sales Tax Revenue Bonds (Limited Tax Bonds), Series A. Principal Amount $35,825,000.1 <#>2005 Commercial Paper Notes (Limited Tax Bonds), Series A and B; Authorized Amount $185,000,000.1 Deleted: Budget and Implementation Committee Deleted: Budget and Implementation Committee Deleted: and the Commissioners 47 " " Evaluating proposals submitted to the CFO, " Analyzing the costs and risks of debt issues, " Reviewing the structuring and pricing of debt issues, " Developing and maintaining the time and responsibility schedule, " Advising on terms and conditions of credit facilities dealing with the issuance of variable rate debt, " Assisting in the preparation of official statements, and " Reviewing presentation materials for rating agencies, investors and insurers. The services of a financial advisor will be obtained through a competitive evaluation of proposals. The criteria to be used in evaluating and selecting a financial advisor include: " Experience in providing formal financial advisory services, " Experience with diverse and complex financial structuring requirements, " Experience and reputation of assigned personnel, and " Fees and expenses. RCTC's financial advisor will provide RCTC with objective advice and analysis, maintain the confidentiality of RCTC's financial plans and be free from any conflict of interest as defined by the: " CFO and all California statutes and regulations goveming financial advisors. RCTC's financial advisor may not participate in any of RCTC's syndicates in the sale of debt. E. APPOINTMENT OF LEGAL COUNSEL The CFO, with the approval of the ,Board, must select jegal counsel, including bond counsel and _ _ disclosure counsel, and engage RCTC's general counsel, to assist in the issuance of RCTC's debt. 1 All debt issued by RCTC must include a written opinion of ,pond counsel affirming that RCTC is authorized to issue the proposed debt, that RCTC has met all the constitutional and statutory requirements necessary for the issuance of the proposed debt and a determination of the proposed debt's income tax status. This approving legal opinion and other documents relating to the issuance of the proposed debt must be prepared by a nationally recognized private legal counsel with extensive experience in municipal finance and tax matters. The services of the ,bond counsel may include, but are not limited to: " Rendering a legal opinion with respect to the authorization and valid issuance of debt obligations of RCTC including whether the interest paid on the debt is tax exempt under federal and State of California laws; " Preparing all necessary legal documents in connection with the authorization, sale, issuance and delivery of bonds and other obligations; " Assisting in the preparation of the preliminary and final official statements and commercial paper memorandg; " Participating in discussions with potential investors, insurers and credit rating agencies, if requested, and Providing continuing advice, as requested, on the proper use and administration of bond proceeds under applicable laws and the indenture, particularly arbitrage tracking and rebate requirements. The services of the disclosure counsel may include, but are not limited to: Deleted: Budget and Implementation Committee and the Commissioners Deleted: a Deleted: legal l Deleted: legal Deleted: um 48 " Preparing the preliminary and final official statements and commercial paper memoranda. RCTC will engage its outside general counsel in the review of all documentation, including the preliminary and final official statements and commercial paper memoranda. Outside general counsel will provide an opinion that RCTC has duly authorized the documents for the issuance of the proposed debt. F. APPOINTMENT OF UNDERWRITERS The CFO, with the approval of the ,Board, may select _a_pool of qualified underwriters. The --- appointment will be based upon a competitive evaluation of objective criteria. The best -qualified firm will be appointed as the book -running senior manager for long-term debt. The best -qualified firm will be appointed as the dealer for commercial paper. Criteria to be used in the appointment of qualified underwriters will include: " Demonstrated ability to manage complex financial transactions, " Demonstrated ability to structure debt issues efficiently and effectively, " Demonstrated ability to sell debt to institutional and retail investors, " Demonstrated willingness to put capital at risk, " Quality and applicability of financing ideas, " Experience and reputation of assigned personnel, and " Fees and expenses. The CFO will monitor the performance of the members of the underwriting pool and recommend changes as appropriate. The underwriters selected to participate in RCTC's underwriting pool must follow certain rules for participation: Minimum Underwriter Qualifications 1. The firm must maintain minimum net capital of at least ($500,000). 2. The firm must hold and maintain all licenses and registrations required by applicable federal and state laws for businesses offering underwriting or investment banking services. All licenses and registrations must be current and in good standing with each of the following: " the U.S. Securities and Exchange Commission (SEC), " the National Association of Securities Dealers (NASD), and " the California Department of Corporations (CDC). G. PROFESSIONAL CONDUCT All of RCTC's debt financing participants shall maintain the highest standards of professional conduct at all times: 1. Municipal Securities Rulemaking Board IMSRBI Rules, including Rule G-37, shall be followed at all times. 2. RCTC expects debt financing participants to assist RCTC's staff in achieving its goals and objectives as defined in this Comprehensive Debt Management Policy. Deleted: Budget and Implementation Committee and the Commissioners " 49 " " 3. All debt financing participarrts shall make cooperation with RCTC's staff their highest priority. H. NEW ISSUANCE AND BOND PROCEEDS MINIMUM BALANCE RCTC has developed a Strategic Plan (Plan) which sets forth the transportation programs and services to be provided to the residents of the County. The Plan also contains cash flow analysis for the capital program with corresponding analysis projecting the available sources and uses of funds verifying RCTC's financial ability and commitment to deliver current and planned programs and services. The RCTC Plan is based on a set of assumptions developed through detailed data collection and analysis of historical data concerning revenues, economic forecasts and trend projections. The main sources of revenues include sales tax revenues, contributions from other agencies and federal yapital assistance grants. The largest sales tax revenue source is the Measure A %] cent ,transactions and use tax. The revenue generated from Measure A is expended on the projects contained in the Measure A Ordinance. RCTC also intends to earn revenues through the imposition of tolls for the use of selected transportation corridors. Tolls will be imposed and toll revenues expended as allowed under the governing statutes and ordinances. RCTC's Measure A and toll programs are, capital intensive. RCTC will issue its debt as needed in order to fund the Measure A and toll programs. RCTC must be able at all times to pay contractors and vendors foryyork in progress. Therefore, the CFO will work with the ,applicable RCTC directors to forecast the program construction draw down requirements. Based upon program, _constructiorLs draw down requiremems and the conclusions resulting from the Plan, the CFO shall attempt to keep a reasonable amount of bond proceeds (approximately 4 months of program construction draw down requirements) available for construction draw down purposes. The CFO with the approval of the Board may increase the size of the Measure A tax-exempt commercial paper program to maintain liquidity in theprogram construction draw down account. I. MANAGING THE COMPETITIVE SALES PROCESS The CFO is responsible for implementing and managing RCTC's competitive bid debt sale process. If the CFO selects a competitive bid process for a sale of debt, the CFO will instruct RCTC's financial advisor to deliver a preliminary official statement and notice of sale to prospective underwriters and buyers that clearly states the location, time and requirements of the bid. After a successful competitive bid, the CFO will instruct RCTC's financial advisor to work closely with the winning underwriters) in order to prepare and deliver the final official statement at closing. J. MANAGING THE NEGOTIATED SALES PROCESS The CFO is responsible for implementing and managing RCTC's negotiated debt sale process. Introduction A. RCTC expects its underwriters to participate in a valuable and significant way with respect to the structuring and pricing of each debt issue, sales performance and various other aspects of the financing. B. Underwriters are expected to make themselves available to participate, when requested, in information and other meetings prior to the issuance of debt. _ _ - { Deleted: operating - - - Deleted: sales Deleted: is Deleted: Measure A Deleted: Deputy Executive Director Deleted: Measure A Deleted: Measure A Deleted: Measure A Deleted: Measure A 50 C. D. Underwriters are expected to cooperate fully with the book -running senior manager in a way that provides the maximum benefit to RCTC. ,The book -running senior manager is responsible for communicating RCTC's finance plan and timing to the other managing underwriters in the syndicate. Syndicate Management Process A. Liability 1. Prior to the day of pricing, the book -running senior manager must provide to the CFO a recommended liability assignment for each underwriter in the underwriting syndicate. The CFO will review the recommended assignments and make any necessary adjustments. Upon approval by the CFO, the liability assignments of each underwriter must be incorporated into the Agreement Among Underwriters (AAU) by the book - running senior manager. 2. As a general rule, the liability assignments must not exceed the underwriting ability of the underwriters in the syndicate to whom they are assigned. B. AAU The AAU must include the liability assignments of each managing underwriter, the priority of orders for the purpose of allocation and the takedown designation policy. The book -running senior manager must provide a copy of the AAU to each managing underwriter in the syndicate. Each underwriter in the syndicate must review the terms and conditions set forth in the AAU and return a signed copy of the AAU to the book -running senior manager the day of the pricing. C. Underwriting Gross Spread Components; Fees and Expenses • The management fee, if any, will be distributed to the managing underwriters based upon their relative contribution to the development and implementation of the financing plan. • Proposed takedowns (i.e. sales commissions) for all maturities must be included as part of the proposed pricing terms delivered by the book -running senior manager to RCTC prior to the final pre -pricing discussions. All takedowns are subject to review and approval by the CFO. • The expense component oftheunderwriting gross spread must be submitted by the book - running senior manager to RCTC's CFO for approval prior to the day of pricing. The CFO reserves the right to review and approve all fees and expenses and to request their substantiation. An estimate of the expense component of the underwriting gross spread must be submitted by the book -running senior manager to the CFO no later than one week prior to the pricing. RCTC expects the hook -running senior manager to keep expense items and costs of issuance to an absolute minimum. • In general, RCTC will not reimburse the book -running senior manager for clearance fees except for the Depository Trust Company ("OTC") charge on issues that are registered in book -entry form only. RCTC will not reimburse the book -running senior manager for MSR,S,_ . ,Securities Industry and Financial Markets Association and California Public Securities _ Association expenses. • There will be no consideration of an underwriting risk component of the gross underwriting spread until after the order period closes. At that time, the CFO and the book -running senior manager will review the book of orders and discuss the need, if any, for including an underwriting risk component in the gross underwriter's spread for unsold bonds. There will be no negotiation of the underwriting risk component of the gross underwriter's spread after the CFO has given the verbal award to the book -running senior manager. Deleted: The book -running se manager is responsible for developing a time and responsibility schedule that will allow for the timely and successful completion of the financing. Deleted: 5 Deleted: Public 51 " D. Marketing Plan Once the issue of debt has received its ratings and the credit enhancement, if any, has been determined, the book -running senior manager will provide to the CFO and the financial advisor its plan for marketing the issue. The plan will specify the sectors and specific customer types to which each maturity, group of maturities or type of bonds will be directed. In addition, the marketing plan will specify the efforts of the syndicate in advertising the issue and distributing notice of the issue to the market as a whole and the expected customers. E. Selling Groups The book -running senior manager will discuss with the CFO the advantages and/or disadvantages of using a selling group for the financing. If the CFO decides to use a selling group, the book -running senior manager will provide a list of recommended firms for RCTC's approval at least one week prior to the day of pricing. F. Retention and Takedown Designation Policies " The book -running senior manager will discuss the use of retention with the CFO at least one week prior to the day of pricing. During this discussion, the book -running senior manager will provide to the CFO the proposed retention amounts by maturity for each underwriter in the syndicate. If the use of retention is advised by the book -running senior manager and agreed upon by the CFO, the book -running senior manager will make retention amounts and maturities available to the underwriters as soon as possible prior to the day of pricing. " Any change in the retention to the managing underwriters must be approved by the CFO prior to its release. " At least one week prior to the day of pricing, the book -running senior manager must provide the CFO a proposed priority of orders for the purpose of allocation and a proposed policy for the designation of takedown on net designated orders. The policy must include a maximum percentage of takedown to be designated to any one firm, as well as a minimum number of firms to be designated on any one net designated order. It is anticipated that each underwriter in the syndicate will be allowed to place net designated orders on all RCTC debt sales. Upon approval by the CFO, the priority of orders and the designation policy must be communicated to the underwriters and included in the preliminary pricing wire. Any changes to the designation policy must be approved by the CFO and communicated to all underwriters in the syndicate and selling group members, if any,,RCTC and the financial advisor. - Deleted: and G. Pricing Procedures " At least one hour prior to the pre -pricing meeting or conference call lone business day prior to the day of the pricing) the book -running senior manager must deliver to the CFO and the financial advisor the proposed pricing terms. This is to allow for the thorough evaluation of the proposed pricing terms by the CFO. The list of the proposed pricing terms must include principal amounts, coupons, yields, optional redemption prices, and takedowns per maturity. " One day prior to the day of the pricing, the book -running senior manager must initiate a pre - pricing meeting or conference call with the CFO and the financial advisor to discuss the proposed pricing terms, order period, underwriting gross spread components, market conditions and other necessary pricing information. " A draft copy of the preliminary pricing wire must be provided to the CFO upon the completion of the pre -pricing meeting or conference call. Prior to its release, the preliminary 52 pricing wire is subject to the approval of the CFO. The preliminary pricing wire must include, among other things, all pricing terms agreed upon by the CFO and the book -running senior manager during the pre -pricing meeting or conference call. • On the morning of the day of the pricing (and prior to the start of the order period), if the book -running senior manager believes that a change in any of the pricing terms approved at the pre -pricing meeting or on the pre -pricing conference call is required, the book -running senior manager must contact the CFO and the financial advisor to review proposed changes and any suggested changes in light of the current market conditions. Any change in the initial pricing terms must be approved by the CFO and promptly communicated to the underwriters and syndicate and selling group members, if any. • The book -running senior manager must track the receipts of orders broken down by maturity, amount, type and firm. Status reports of the pricing, including total orders received for each maturity, amount, type and firm, may be requested by the CFO and the financial advisor at any time during the order period. The Dalnet "Orders and Allotments by Maturity" report is an acceptable report for these purposes. • The book -running senior manager must receive approval from the CFO before terminating any order period on any maturity before the previously determined close of the order period. • At the close of the order period, the book -running senior manager must provide in writing and in a format acceptable to the CFO and the financial advisor, a listing of the total orders received for each maturity, amount, type and firm, through the end of the order period. At this time the book -running senior manager must also make a concerted effort to provide the CFO and the financial advisor with the true interest cost of the issue. The book -running senior manager must initiate a meeting or conference call with the CFO and the financial advisor to review the book of orders and negotiate any change in pricing terms, prior to the verbal award of the issue to the book -running senior manager as the representative of the underwriters in the syndicate and selling group members, if any. • The CFO may agree to a verbal award of the bonds and sign a bond purchase contract with the book -running senior manager as representative for the underwriters in the syndicate after consultation with and approval from the,Board_. • A complete set of final,quantitative analyses must be provided to the CFO before the CFO signs the bond purchase contract. The ,quantitative analyses must include, but not necessarily be limited to, a table of sources and uses of funds, a summary of assumptions and results (including significant dates, underwriting gross spread breakdown, ratings, true interest cost, etc.) and any additional tables that include coupons, yields, prices, takedowns, principal amounts and related debt service by maturity. • The book -running senior manager and underwriter's counsel is jointly responsible for coordinating the execution of the bond purchase contract. • The CFO reserves the right to postpone the pricing if the above pricing procedures are not strictly followed. H. Allocation of Bonds The book -running senior manager will be responsible for ensuring that the overall allocation of bonds meets RCTC goals of: (al obtaining the best price for the issue and (b) providing each underwriting firm involved with bond allocations that are commensurate with the work performed (i.e., the type and amount of orders submitted). The CFO reserves the right to monitor the order taking process and to review and approve bond allocations prior to their release. /. Post -Sale Support • In accordance with MSRB rules, sales credits designated by an institutional investor must be distributed within 30 days after the delivery of the bonds. Deleted: Commission Deleted: computer Deleted: computer 53 " " " In accordance with MSRB rules, final settlement of the underwriting account and the distribution of any profit to members must be made within 60 days of delivery of the bonds. " The underwriting syndicate agrees to comply with any syndicate rules prohibiting the selling of bonds below the public offering price (less the full takedown) prior to the release of syndicate restrictions. In addition, each managing underwriter in the syndicate agrees to inform the CFO of any non-compliance with such syndicate rules. " For seven business days following the release of syndicate restrictions, the managing underwriters in the syndicate agree to inform the CFO of any firm significantly lowering the price of the bonds in the secondary market below market levels. " The book -running senior manager must be prepared to provide the CFO on an ongoing basis for at least seven business days following the release of the syndicate restrictions secondary market price levels, unsold balances, and the level of trading activity of the bonds. " RCTC expects the managing underwriters in the syndicate to provide liquidity in the secondary market for its bonds on an ongoing basis. J. Post -Sale Evaluation RCTC has a policy of acknowledging good performance and building accountability into its relationships with its managing underwriters. RCTC will conduct post -sale evaluations of the underwriting account to ensure that its policies are adhered to and that sales performance is documented. " The book -running senior manager must provide the CFO and the financial advisor with a final pricing book. The final pricing book must include, but not necessarily be limited to, the following information: the time and responsibility schedule; the working group distribution list; a discussion of the market conditions leading up to and during the final pricing; the preliminary and final pricing wires; media coverage; rating agency credit reports; a full set of ,quantitative analyses; a table identifying takedown and designation_dollars by firm; and a { Deleted: computer table identifying designations on net designated orders. The book -running senior manager's final pricing book must be provided to the CFO and the financial advisor within 60 days of the closing  - - { Deleted: the day of " The financial advisor must also provide the CFO with its own final pricing report. The final pricing report must include, but not necessarily be limited to, the following information: a discussion of the market conditions leading up to and during the final pricing; a discussion on the sales process; a pricing comparison of similar credits in California and the national markets and the preliminary and final pricing wires. The financial advisor's final pricing report must be provided to the CFO within 30 days,pf the pricing. " In addition to the book -running senior manager, each underwriter is encouraged to provide the CFO and the financial advisor with a confidential written analysis of the sale of the bonds. K. MANAGING THE SALE OF COMMERCIAL PAPER The CFO is responsible for implementing and managing RCTC's sale of commercial paper. The CFO shall work closely with RCTC's commercial paper dealers to develop a marketing strategy for the initial sale and subsequent frequent rollover of commercial paper amounts and maturities. The marketing strategy for the initial sale and subsequent frequent roll-over of commercial paper amounts and maturities shall take into account the short-term yield curve as well as RCTC's philosophy to have a significant number of diverse commercial paper investors. The CFO /nay require RCTC's commercial paper dealers to provide quarterly and annual reports _. detailing the commercial paper average cost, average maturity and a list of commercial paper investors. IDeleted: of the day Deleted: will 54 Subject to the approval of its liquidity and/or letter -of -credit provider, RCTC reserves the right to change the number of commercial paper dealers for the commercial paper program. L. REFUNDING OPPORTUNITIES An advance refunding involves refunding bonds in advance of the bond's first optional redemption date. An advance refunding is an important debt management tool for RCTC. Advance refundings are commonly used to achieve interest cost savings, remove or change burdensome bond covenants or to restructure future debt service payments. Advance refundings are limited by federal tax law and must be used judiciously. RCTC generally will only pursue an advance refunding if the threshold present value savings level (net of all issuance costs and any cash contribution to the refunding) is at least three percent of the par value of the refunded bonds. However, in certain circumstances, the CFO after consultation with and approval by the.Board, may agree that lower savin_gs levels may be justified. RCTC's debt management practices anticipate the potential for advance refundings. When RCTC issues debt careful attention is given to pricing considerations that will affect future advance refunding flexibility such as: • Optional redemption provisions and • Coupon characteristics. In addition, it is important to create a refunding defeasance escrow that will produce the greatest savings level. A defeasance escrow is efficient if the yield on the defeasance escrow is as close as possible (i.e., generally less than 100'h of a basis point) to the arbitrage yield on the refunding bonds. The CFO will select the appropriate defeasance securities. M. FIXED RATE VERSUS VARIABLE RATE DEBT _ - -� Deleted: Commission The CFO and the Troard recognize that variable rate securities are a useful debt management tool _ - `Deleted: commission . that traditionally have had lower interest rate costs than fixed rate debt. RCTC's current goal is to maintain a debt program which consists of approximately 20% to 25% of variable rate debt (which includes commercial paper but does not include variable rate debt subject to an interest rate swap to a fixed rates with the remaining 75% to BO% kept as fixed rate debt. RCTC's book -running senior manager, commercial paper dealer and financial advisor shall advise the CFO if the rating agencies and/or institutional investors feel that 20% to 25% of RCTC's debt in the variable rate mode is too large a percentage. N. DERIVATIVES RCTC will continue to explore the use of derivative products as appropriate and in accordance with the Investment Policy and the Swap Policy, provided that the derivative products: • Hedge variable rate debt exposure, • Lower interest rate costs, or • Minimize risks to RCTC. Although RCTC may enter into swap agreements, including fixed to variable rate swap agreements, derivative products for debt shall not be used for the purpose of interest rate speculation. 55 " " The CFO has the sole responsibility for determining which prospective debt products for new issue debt are derivatives. Derivative products debt instruments may be incorporated into RCTC's debt program only after the CFO has informed the xecutive (rector and the Commissioners of the purpose and the risks associated with the derivative product debt instruments including but not limited to: " Interest rate risk, " Counterparty credit risks, " Termination risks, and " Tax implications. If appropriate, the CFO, after consultation and approval by the J3oard, may determine a minimum level of savings required before implementing a derivative product debt instrument. If the Commission authorizes the use of derivative products, the CFO will provide the Commissioners within twenty-four hours with a memo detailing any activity related to the use of derivative products. O. PRIMARY AND SECONDARY MARKET DISCLOSURE A trustee has been appointed for the benefit of the Measure A Sales Tax Revenue Bonds. The trustee shall perform all functions and duties required under the terms and conditions set forth in the respective indentures. Jn addition to the responsibilities required _by the respective indentures, RCTC has a commitment to continuing to disclose material information after the sale of its debt. The CFO is responsible for implementing and managing RCTC's legal and professional commitment to continuing to disclose material information after the sale of its debt. In adherence to Securities and Exchange Commission Rule 15c2-12(b)(5), the Commission's Continuing Disclosure Agreement with its trustee or disclosure dissemination agent, as applicable, agrees to provide its Annual Report and notice of material events to the NRMSIR (until June 30, 2009) or the MSRB (effective July 1, 2009) and state repository, as applicable, for dissemination to interested parties. "Material events" are defined as: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on the debt service reserve funds reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; and 6. Adverse tax opinions or events adversely affecting the tax-exempt status of any bonds or COPs; 7. Modifications to rights of Bondholders; 8. Optional, contingent or unscheduled bonds calls; 9. Defeasances; 10. Release, substitution or sale of property securing the payment of any bond or COPS. 11. Rating changes. P. COMPLIANCE WITH ARBITRAGE REBATE AND YIELD CALCULATIONS, RCTC will engage the services of an expert advisor to assist in the calculation of arbitrage rebate from investment of bond proceeds. Trustee statements and other requested documents and information will be provided to the rebate service provider upon request on a prompt basis. The CFO will monitor the arbitrage rebate services to assure compliance with required rebate payments, if any, no later than each 5 year period over the term of the tax exempt bonds. Deleted: Chief Deleted: Office t Deleted: Commissioners Deleted: For example, RCTC is required to distribute an Annual Report within 7 months of RCTC's June 30 fiscal year-end to a recognized municipal securities information repository (NRMSIR) and the state repository. The Annual Report must include audked financial statements, an update (as of RCTC's June 30 fiscal year-end) for the table entitled "Sales Tax Receipts and Historical Debt Service Coverage Ratios" and an update of the table entitled "Debt Service for All Outstanding Bonds" in RCTC's Official Statement.) 1 { Deleted: RATING AGENCIES J 56 In addition, during the construction period of the capital project, the CFO will monitor the investment and expenditure of bond proceeds and will consult the arbitrage rebate service provider to determine compliance with exceptions from the arbitrage rebate requirement upon the expenditure of proceeds during each 6 month spending period up to 6 months, 18 months or 24 months as applicable, following the issuance of the bonds. The CFO will retain copies of the arbitrage reports and trustee statements as described below. Q. RECORD KEEPING AND TAX RETURN FILING REQUIREMENTS The CFO, or its designee, will maintain a copy of the bond closing transcript and other relevant documentation for the term of the bonds (including refunding bonds, if any) plus three years. A copy of all material documents related to capital expenditures financed by bond proceeds should be maintained by the CFO for the term of the bonds (including refunding bonds, if any) plus three years. Such documents will include construction contracts, purchase orders, invoices, trustee requisitions and payment records. Such documents will include documents relating to costs reimbursed with bond proceeds. Furthermore, the CFO, or its designee, shall maintain records identifying the assets or portion of assets that are financed with tax exempt bond proceeds. A copy of all contracts and arrangements involving private or unrelated use of the bond financed assets shall be maintained for the term of the bonds (including refunding bonds, if any) plus three years. In addition, copies of all records of investments, investment agreements, arbitrage reports and underlying documents, including trustee statements shall be retained for the term of the bonds (including refunding bonds, if any) plus three years. i The CFO, or its designee, will also assure compliance with IRS tax return filing requirements. The CFO, or its designee, will coordinate the engagement of our accounting firm and the delivery of the requested information in order to assure the preparation and filing of annual tax returns on a timely basis. R. RATING AGENCIES The CFO is responsible for implementing and managing RCTC's rating agencies relations program. The CFO recognizes the importance of immediate and timely disclosure of relevant financial and program information concerning each of RCTC's debt programs to the rating agencies. The CFO shall promptly respond to any inquiry from any rating agency analyst. In addition, the CFO and one or more representatives of RCTC's Commissioners shall periodically meet with the rating agencies in order discuss RCTC's recent financial results, financial projections, Board policy, specific RCTC programs such as Measure A as well as the general economy in Riverside County and Southern California and other matters. S. INVESTOR RELATIONS The CFO is responsible for implementing and managing RCTC's investor relations program. The CFO shall make every attempt to promptly respond to any inquiry from an institutional or retail investor. In addition, the CFO shall periodically attempt to meet with key institutional investors in order to familiarize the institutional investors with RCTC's financial history and financial projections. The CFO shall periodically post investor disclosure information on the unique website established by /he Digital Assurance Certification, LLC (DAC) for RCTC on its website, www.dacbond.com. l Deleted: RCTC's 57 i • T.GLOSSARY Additional Bonds Test: A calculation based upon total pledged revenues divided by total proposed debt service. This is a protection to investors so that the issuer cannot issue additional parity bonds without providing ample security to the investors in the previous financing(s). Advance Refunding: A defeasance of outstanding debt prior to the date the bonds can be called by depositing cash and/or securities in escrow sufficient to pay all principal and interest plus the call premium, if any, when due. Upon an advance refunding and defeasance, all covenants and restrictions of the refunded bond indenture are extinguished. Agreement among Underwriters or AAU: The contract establishing the underwriting syndicate formed to underwrite and purchase the bonds. The AAU will include provisions covering the liability of each syndicate member, a description of order types, pricing of the bonds and requirements respecting a public offering. The AAU may contain a variety of other matters relating to trade practice and applicable rules of the MSRB. Allocation: The post -sale distribution of bonds among the syndicate and selling group members, if any. Basis Point: Yields on bonds are usually quoted in increments of basis points. One basis point is equal to 1 /100 of one (1 / percent. For example, the difference between 7.00% and 7.50% is 50 basis points. Bond Purchase Agreement: The contract between the syndicate and the issuer setting forth the final terms, prices and conditions upon which the syndicate will purchase a new issue. Book -Running Senior Manager: The managing underwriter that controls the book of orders for the transaction and is primarily responsible for the successful execution of the transaction. Concession: In the new issue market, one of the two discounts members receives from the syndicate. In the secondary market, a discount one dealer offers to another. Group Net Order: An order for bonds submitted by a syndicate member in which the takedown is distributed to syndicate members according to their respective liability shares in the issue. Liability: The principal amount of bonds to be underwritten by each member of the syndicate. Member Order: An order for bonds placed by a member of the syndicate where the bonds would be confirmed to that member at syndicate terms. Municipal Securities Rulemakinq Board (MSRB): An independent self -regulatory organization established by the Securities Acts Amendments of 1975, which is charged with primary rulemaking Commission over broker -dealers and brokers in municipal securities. National Association of Securities Dealers (NASD): A self-regulating and self -financed organization which acts as a buffer between the Securities and Exchange Commission (SEC) and broker -dealers. The NASD operates in municipal securities according to a special set of municipal bond rules written by the MSRB. Net Designated Order: An order for bonds submitted by a syndicate member in which all or a portion of the takedown is to be credited to firms designated by the purchaser of the bonds according to relative designated by the said purchaser. 58 Priority Order: A retail or a net designated order. Retail Order: An order for bonds placed by an individual or, as determined by the CFO, a retail order may also include an order placed by a bank trust department or an investment advisor for an individual. Retention: An amount of bonds that will be guaranteed to be available for sale by each member of the syndicate. Rule 10b-5: A regulation of the SEC adopted pursuant to the Securities and Exchange Act of 1934, which makes it unlawful for any person to employ any device, scheme, or artifice to defraud, to make any untrue statement of a material fact or to omit a material fact necessary to make statements made, in the light of the circumstances under which they were made, not misleading; or to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security. Securities and Exchange Commission (SEC): The federal agency that oversees and regulates stock, bond and other financial market participants. Selling Group: A group of underwriters formed to aid in the distribution of the bonds in a bond financing. Selling group members do not assume any financial or legal liability in the financing. Syndicate: A group of underwriters formed to purchase and re -offer an issuer's bonds for sale to the public. Each syndicate member has a share in the liability of the issue. Syndicate Participation Percentages: A sales participation goal for each syndicate member determined by RCTC and its CFO for RCTC bond issues. Takedown: The total discount at which members of syndicates buy bonds from an account - composed of two parts: concession and takedown. True Interest Cost: The rate, compounded semi-annually, necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received on the closing date of the bond issue Trust Indenture: A contract between an issuer and a trustee, for the benefit of investors. The trustee administers the funds specified in the indenture and implements the remedies provided in case of default. Underwriter's Gross Spread: In a negotiated sale, the difference between the price the underwriter pays the issuer and the original re -offering price to the public; includes the management fee, expenses, and sales commissions (takedown and concession). 59 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee 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 State Street Multi -Use Bicycle and Pedestrian Path Project for the City of BUDGET AND IMPLEMENTATION COMMITTEE, TECHNICAL ADVISORY COMMITTEE, AND STAFF RECOMMENDATION: This item is for the Commission to approve the Transportation Enhancement (TE) application revision for the State Street multi -use bicycle and pedestrian path project. BACKGROUND INFORMATION: The city of Hemet (City) has submitted a request to change the project scope of its TE funded State Street multi -use bicycle and pedestrian path project. This project was originally approved for $520,000 in 2000. The project was delayed due to the State Street improvement project, which included road widening, rehabilitation, and drainage improvements on a 1.5 mile segment of State Street between Chambers Street and Domenigoni Parkway. The State Street improvement project was completed in November 2006, and the City has reviewed the feasibility of constructing the original TE project. The original TE project encompassed a 1.6 mile multi -use path. The City has concluded that the original project could not be built for the amount of funds currently available ($798,000 - $520,000 of TE funds and $278,000 of local match). Therefore, the project has been re-scoped to a 1,200-foot multi -use path consisting of an eight -foot wide combination sidewalk/bike path, an adjacent six-foot wide equestrian trail, a terminus rest area with benches, and solar -powered trail lights to allow evening use. The project will also include the installation of drought -tolerant and California native landscaping. The project will be constructed along the west side of State Street from Chambers Road south for approximately 1,200 feet. The City also proposes to maintain the local match at 35% of the total project cost as identified in the original application. Agenda Item 8C 60 Given the fact that the City could not start the TE project due to delays caused by the State Street improvement project, and that these delays resulted in an increase project cost, the Technical Advisory Committee at its June 16, 2008 meeting, unanimously approved the downsize of the project scope to match the current available TE funding. The anticipated start of construction for the State Street multi -use bicycle and pedestrian path project is June 2009. Ultimate completion of the remaining portion of the original 1.6 mile trail is anticipated to take place as the area develops. The City plans to condition the property owner (currently Metropolitan Water District) to complete the trail in order to fulfill the original objectives of the project, to provide an alternative transportation mode linking to the Diamond Valley recreation area and to create a showcase example for environmental enhancement of a major regional transportation facility at State Street. TE funds are required to be incorporated into the State Transportation Improvement Plan for allocation and approval; allocation/approval is subject to TE funding availability. Therefore, the June 2009 start of construction is pending the successful allocation of the TE funds by the California Transportation Commission. Attachments: 1► Letter from City of Hemet 2) Revised TE Application Agenda Item 8C • • 61 PUBLIC WORKS DEPARTMENT • . ENGINEEFUNG DIVISION 510 E. Florida Ave. • Hemet, CA'92543 • (951) 765-3880 • FAX (951) 765-3898 . May 15, 2008 TO: Riverside County Transportation Commission Technical Advisory Committee FROM: Mike Gow, City of Hemet Director of Public Works / City Engineer RE: STATE STREET MULTI -USE BICYCLE & PED_ESTRIAIV PATH REQUEST FOR CHANGE OF PROJECT SCOPE The City of Hemet requests a change in the scope of the State Street Multi -use Bicycle and Pedestrian Path, a TEA -funded project originally selected for funding in 2000. Original Project Description & Scope: Construction of a 1.6 miles multi -use path consisting of a Class 1 bike facility, a pedestrian path, an adjacent equestrian trail, rest areas with benches and drinking fountains, and pathway lighting for evening use. The project will be generally constructed along the west side of State Street between Chambers Road and Domenigoni Parkway. All necessary right-of-way has been pledged for the project. Revised Project Description & Scope: " Construction of 1,2oo-foot long multi -use path consisting of 1) an eight -foot wide combination sidewalk/bike path; 2) an adjacent six-foot wide equestrian trail; 3) a . terminus rest area with benches; and 4) solar —powered trail lights to allow evening use. The project will be. construction along the west side of State Street from Chambers Road south for approximately 1,200 feet. The City owns all of the necessary right-of-way for this project. Reasons for Change in Scope This project was postponed for a number of years as the result of multiple delays in the adjacent State Street Improvement project, which involved road widening and drainage improvements. The street project is now complete. 62 RE: STATE STREET MULTI -USE BICYCLE & PEDESTRIAN PATH REQUEST FOR CHANGE OF PROJECT SCOPE • Page 2 Unfortunately, the funding awarded eight years ago is no longer adequate to constrtict the projet as described in the original application. As a result, the project scope has • been reduced based on the amount of funding available and the amount of work this funding cover at 2oo8 prices. In addition, the proposed change in project scope eliminates the need to acquire. additional right-of-way. As a result, $98,o0o allocated for site acquisition will be utilized for construction costs. The effect of these changes on the original project costs and local match percentages are summarized in the tables below. Phase ORIGINAL PROJECT' COST ESTIMATE TEA Local Costs Funding Funding Environmental 2,000 Design/Construction Engineering 98,000 ROW Acquisition 98,000 Construction boo, 000 TOTALS 798,000 520,000 520,000 65% 2,000 98,000 98,000 80000 278,000 35% Phase Environmental Design/Construction Engineering 98,0oo ROW Acquisition Construction 698,000 52o,000 178,000. REVISED PROJECT COST ESTIMATE TEA Local Costs Funding Funding 2,000 2,000 98,000 TOTALS 798,0oo 52o,000 278,000 65% 35% . 63 RE_ STATE STREET MULTIUSE BICYCLE & PEDESTRIAN PATH Page 3 REQUEST FOR CHANGE OF PROJECT' SCOPE The result of these changes will be a shorter multi -use trail with all of the amenities included in the original application, i.e., concrete bicycle/pedestrian path, adjacent equestrian path, landscaping (trees and shrubs), irrigation, lighting, fencing, and a rest stop with benches and drinking fountain. (See attached site map and drawings.) Ultimate completion of the remaining portion of the original 1.6-mile trail is anticipated to take place as the area develops. The City plans to condition the property owner (currently Metropolitan Water District) to complete the trail in order to fulfill the original objectives of the project to provide an alternative transportation mode linking to the Diamond Valley recreation area and to create a show case example for environmental enhancement of a major regional transportation facility (State Street). 64 City of Hemet State Street Multi -Use BieyCie & Pedestrian Path ORIGINAL AND REVISED PROJECT SCOPE EXHIBIT • 65 -- 1 vi,,Rry'V3?SiRY+"14C70aKt'�turrvn'=+�a:nn7.+T�iyHf/t5]P!9Fili"J.�Tv.Tt�,nur�i....•..N+....a+1'a�c+etY . TAT6 i'• i_— oirNo wr .n vrIIR 6"Kr6 Er Ci!YCI NBMi; Peal airg Fl sarg jpatwe®urenunl Cfty of Namat STATE STREET MULTI 4165 TRAIL W • Transportation Enhancement (TE) Application.(PSR Equivalent) TE funds are federal funds and must follow federal funding guidelinds; and environinental (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: State Street Muhi-Use $ieyeie 8c Pedestrian Path IMPLEMENTING AGENCY Adm ishatoNperson with day- to-day responsibirdy for implementing project (Name, title, agency, address. phone. tax. email) - Victor Monz, Principal Civil Engineer City of Hemet 510 E. Florida Avenue Hemet, CA 92543 (951) 765-3847 FAX (951) 765-3878 vmonz®atyofhemetorg (Round dollars to. nearest thousands) TE FUNDS REQUESTED $ 520,000 State Match $ Local Match (8 Required) TOTAL TE PROJECT COST S $ 798,000, 278,000 O TE is a stand-alone project. ❑ TE is part of a larger project. Person who can answer questions about this application (Name, title, phone, fax, email) Victor Monz, Principal Civil Engineer (951) 765-3847 FAX (951) 765-3878 vmonz@cityolhemet.org PARTNER(S) (Name, title, agency, address, phone, fax) Not Applicable • IF TE IS AN ENHANCEMENT TO A LARGER PROJECT, DESCRIBE LARGER PROJECT (if larger project is programmed, provide PPNo, EA, Project Tale; if not currently programmed, describe the project) TE project is an enhancement to the State Street Improvement Project [PPNO 08-9902R; EA No. 08-4124141 which was completed in November 2006. This projectconsistedof roadway widening, rehabilitarion and drainage improvements on a 1.5-mile segment of State Street between Chambers Street and Domenigoni Parkway. Total Project Cost 8 4-927.690 PROJECT SCOPE OF PROPOSED TRANSPORTATION ENHANCEMENT ACTIVITIES (Describe the project's location, limits of work, size, etc. Not the justification or benefits). Construction of a 1,200-foot long multi -use path consisting of 1) an eight -foot wide combination sidewalk/bike path; 2) an adjacent six-foot wide equestrian trail; 3) a terminus rest area with benches; and, 4) solar -powered trail lights to allow evening use. The project will also include the installation of drought -tolerant and California native landscaping. The project will be constructed along the west side of State Street from Chambers Road south for approximately 1,200 feet. NEED AND PURPOSE (Describe Crow is project above and beyond a standard transportation project) Construction of the State Street Multi -Use Path will: 1: Visually enhance an existing transportation facility (State Street) 2. Make recreational facilities available for the surrounding community (including two public schools) 3. Provide an alternative mode of transportation linking residential/urban areas with recreational facilities at Diamond Valley Lake 4. Enhance safety by separating pedestrians from automobile traffic on State Street cation .005 Page 1 67 RELATIONSHIP (TE projects must have a miationship to surface traneportatiom; describe relation to surface transportation) The State Street Multi -Use Path has a direct relationship — by function, proximity and impact to the surface transportation system, especially State Street.: The path will be constmcted adjacent to State Street and wilefTectivety separate bicyclists, pedestrians, and equestrians from high-speed (55 mph +) traffic traveling on State Street. Construction of the path will also provide the beginning of an attractive alternative to using an automobile for accessing Diamond Valley Lake and adjacent existing and planned recreational facilities. CONFORMANCE (Describe conformance with Rothe Concept Report or Transportation Corridor Report and District System Management Plan - MP projects only) Not Applicable -The StateStreet Multi -Use Path is not an MP project,. CONTEXT SENSITIVE SOLUTIONS (Describe how project reflects Director's policy - ITIP projects only) Not Applicable -The State Street Multi -Use Path is not an MP project. ALTERNATIVES CONSIDERED The original scope of this project, which was approved for TEA funding in 2000, called for the construction of a 1.6-mile path., However, the project was postponed for a number of years as the result of multiple delays in the adjacent State Street Improvement Project (completed in2006), which involved road widening and drainage improvements. Unfortunately; the funding amount awarded for this project in 2000 is no longer adequate to construct the entire 1.6-mile path. As a result, the project scope was reduced based on the funding available and the amount of work this amount of funding will cover at 2008 prices. WHICH OF THE 12 TE CATEGORIES DOES THE PROJECT ENCOMPASS ? (May be more than one.) http://www.dot.ca.gov/hq/TransEnhAct/fransEnact.htm = This project encompasses the following TE Categories; 1. Provision of facilities for pedestrians and bicycles. 5. Landscaping and other scenic beautification. PROJECT LOCATION MAPS (Provide Location Map of project in State/Region and Area Specific Map) See attached maps. TE APoicatian Jan. 2005 • • Page 68 PART TWO: FUNDING pared by Victor Monz it ncy City of Hemet Phone 951-765-3847 Title. Principal Civil Engineer Ho( 951-765-3878 PROJECT COMPONENT COSTS (round to • E&P (PA&ED) • PS&E - Right of Way Capital Right of Way Support' • Construction Support' Construction Capital nearest $1,000s) RTIP RIP SHOPP $ 2>000 $ . - $ $ 98,000 $ $ $ 0 $ $ $ $ $ $ $ $ $ 698,000 $ $ Proposed year of Construction TOTAL PROJECT COSTS June 2009 (MRANY) $ 798,000 "Right of way and construction support are for Caltrans implemented projects only PRELIMINARY ITEM ESTIMATE - CONSTRUCTION CONTRACT ITEMS • Item Description 1 Mobilization 2 Concrete Path (includes grading/paving) 3 Landscaping — Trees 4 Landscaping — Shrubs 5 Landscaping — Irrigation 6 Lighting 7 Fencing 8 Rest Stop (benches, trash receptades, etc.) CONTINGENCY (25%) TOTAL CONSTRUCTION CONTRACT ITEMS Unit LS. S.F. EACH EACH LS. LS. LF. EACH Quantity 1 34,000 110 150 1 1 34,000 2 Unit Price 27,000. 5. 500. 100. 34,400. 125,000. 30. 15,000. Amount 27,000. 170,000_ 55,000. 15,000. 34,400. 125,000. 102,000. 30.000, 558,400. 139,600. 698,000. 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 a portion of the enhancement funds may be required). Who will maintain? City of Hemet Parks Department personnel will perform ongoing maintenance of the multi -use path. What is the source,of maintenance funds? Park hfaintenance Fees If project is within Caltrans right of way, must be signed by Deputy District Director, Maintenance DDD Maintenance: Date: Page 3 69 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 knplementing Agency's govemirg 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 facsty(ies) or activity. With the approval of the California Depattmentof Transportation, the Implementing Agency of 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 appNeable with provisions of the California Environmental Quality Act,. the National Environmental Policy Act, the Americans with Disabtiities Act, the Secretary of the Interior's: Standards and Guidetines for Archaeology and Historic Preservation, CTC'Guidetines, 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 stateguidelines, the implementing agency may be required to remit al slate and federal enhancement funds hack to the state. I certify that the information contained in this transportation enhancement activity application, including required attachments, is accurate and that have read and understand the important information and agree to the assurances on this form. Signed / V 41 / (q,./ mate Z f li/0 9 (TEA Administe ' ency Represerrtative) Printed (Name and Title) Mike Gow - Public Works Director/City Engineer Administering Agency City of Hemet Upon receiving an eligibility determination, a Project Nomination Sheet must be submitted to the District for programming TE ApprceNm Jan. 2005 Pegeg) 70 City of Hemet State Street Multi -Use Bicycle and Pedestrian Path Virtual Earth" VICINITY MAP -'.1% N. ;p.m. zi W ConenweodAve -4 t 4 1 `�,, - Ipart Jacinto yq `ip - W7fo St a; EWI St D a W EfplanaddAw $ W Esplanade Ave 8pe DD� 1 < 1 3 ; - U � �? As Sobohe LA. Vision a°4 :3' 7� di ft i z I ��i. ECnrmn Mir aM Ars �"" Y Florida Ave tN � t-+.FIaMa Ave E9^• -- -A; 4 l ilna TI , W Florida Avea. 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I " :. y4 AA (`Y ",, r . :; O co I i- W W i " " " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Plans and Programs Committee Cathy Bechtel, Project Development Director THROUGH: Anne Mayer, Executive Director SUBJECT: Operational Improvement Study for the Ortega Highway / State Route 74 PLANS AND PROGRAMS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Operational Improvement Study for the Ortega Highway / State Route 74. BACKGROUND INFORMATION: In December 2005, the Orange County Transportation Authority (OCTA) and the Commission approved the locally preferred strategy as part of the Riverside County/Orange County Major Investment Study (MIS). One of the recommendations of the approved locally preferred strategy was to study operational improvements along the Ortega Highway. The Operational Improvement Study (Study) has been completed and was a collaborative effort between OCTA and the Commission, in partnership with Caltrans Districts 8 and 12, as well as other stakeholder agencies. The study performed a high-level operational analysis of SR-74 between Antonio Parkway in San Juan Capistrano and Interstate 15 in the city of Lake Elsinore, and recommended a prioritized set of improvements that should be considered for more detailed study by the stakeholder agencies. DISCUSSION: The Study provides an overview of the existing conditions along SR-74 between Antonio Parkway and the 1-15, and makes recommendations for projects that will improve intercounty mobility. These recommendations are limited to non -capacity enhancing improvements due primarily to right-of-way limitations, geologic conditions, and environmentally sensitive surroundings. Moreover, this study provides a planning tool that can be used by OCTA, the Commission, and Caltrans when considering operational improvements on SR-74. Agenda Item BD 73 The Study was developed under the review and guidance of a technical advisory committee (TAC) that was composed of staff from OCTA, the Commission, Caltrans Districts 8 and 12, Orange County, the Cleveland National Forest, and the cities of Lake Elsinore and San Juan Capistrano. The TAC also provided input to, and acceptance of, the recommendations presented in the Study. Since SR-74 was originally constructed during the 1930s, the facility was designed to the standards of the time and was intended for much lower volumes than experienced today. Increasingly, SR-74 is being utilized as a work trip facility, carrying commuters between Riverside and Orange Counties. One particular section of SR-74, segment 5 in Orange County, has recently been retrofitted to provide the maximum level of improvement feasible; however, more improvements are recommended throughout the facility to enhance operations. The Study divides SR-74 into 12 segments based on Caltrans' operational records to analyze the facility. As noted above, Caltrans recently concluded a project to enhance operations within segment 5; therefore, this segment was not included in the analysis performed for this study. Traffic operations were analyzed for the current traffic conditions using the Highway Capacity Manual methodology for two-lane undivided highways. This methodology utilizes geometric features and traffic demand factors, such as lane and shoulder widths, type of terrain, number of intersections, and traffic volumes. Based on this analysis, this study finds that the SR-74 study corridor is currently operating at or very near its maximum capacity during peak hours. Due to these conditions, if any incident occurs that slows traffic, it can have severe impacts to the facilities throughput. Compounding this are such factors as reduced lane and shoulder widths, lack of adequate turnouts and passing lanes; therefore, this study recommends that the following improvements be considered: • Add passing lanes at two to five mile intervals; • Upgrade lanes and shoulders; • Upgrade drainage systems; • Add/upgrade metal beam guard rails; • Improve intersections that are at or near capacity; • Remove sight obstructions; • Improve lighting; • Add recessed pavement markers; • Add/improve rock catchments; • Install/improve warning signs; and • Provide adequate delineation. A cost -benefit analysis of the recommended improvements was performed in order to develop the project phasing strategy as shown in the table below: • • • Agenda Item 8D 74 " Friar ty No Fxrj. Na. II f `gin End Pci<t Past Mile Mik' Length in11e, Ord tef tt guitu} CLiEt R.ncs ��, ;Gant ;t Millla115; ��' i ] <�� PrapnasdImpr ., ': ��y a n , }y aarrAnt$ a T . , cr. m. 2 12 iike��ii" 15.0 iffy 18 111.,20 --���� �'�� ���i� ' ���������� �� .I ^' 3 B liiitie(fA ��9 83 19 OORT9 J 7 iL mkP" 415 99 411 T`SB�� ' +r � ' ����� "E � "' ��2p 8 10 118 1f 9 NSwrritis 37 1i8 31 OD- t90 +/ � ' � ' �� ' �- Route Tot* 355-751 Finally, the Study recommends that the following additional studies be considered for more detailed study by the stakeholder agencies: ��" Feasibility study for specific passing lane locations; W. Project initiation documents such as project study reports. These preliminary engineering studies will evaluate the specific feasibilities, costs, and scopes for proposed improvements; " Environmental studies for the proposed improvement projects; and " Financial analyses to identify funding for implementation of the proposed improvements. Attachment: Operational Improvement Study of the Ortega Highway (State Route 74) in Orange and Riverside Counties Executive Summary Agenda Item 8D 75 " " " EXECUTIVE SUMMARY In 2006, the Riverside County  Orange County Major Investment Study (MIS) recommended that operational improvements to State Route 74 (SR-74, also known as Ortega Highway) be identified as a key strategic initiative for intercounty mobility. The MIS also concluded that, between Interstate 15 (1-15) (in Riverside County) and Antonio Parkway/La Pata Avenue (a few miles east of Interstate 5 in Orange County), capacity improvements to SR-74 are not feasible because of environmental and cost constraints. To respond to this recommendation, the Orange County Transportation Authority (OCTA) and the Riverside County Transportation Commission (RCTC) jointly initiated this Operational Improvement Study. This is a high level study. Future improvements to SR-74 will be subject to more detailed project -specific studies. A Technical Advisory Committee (TAC) composed of involved agencies was assembled to review the study objectives and provide guidance throughout the study process. Study Limits. The study limits are the SR- 74 Corridor between Antonio Parkway/La Pata Avenue in Orange County and 1-15 in Riverside County, totaling 30 miles in length. (Ora -PM 2.6 / 16.6, Riv-PM 0.0 / 16.3) Objective. The objective is to provide a planning tool that can be used by the involved agencies to consider how to improve operations on SR-74. Consensus -Building This study was developed in coordination with a Technical Advisory Committee (TAC) composed of representatives from: " United States Department of Interior, Cleveland National Forest, " California Department of Transportation (Caltrans) District 8, " Caltrans District 12, " County of Orange, " Orange County Transportation Authority (OCTA), " Riverside County Transportation Commission (RCTC), ES-1 " City of Lake Elsinore, and " City of San Juan Capistrano. This TAC provided review of, input to, and acceptance of the proposed analysis and recommendations included herein. Background SR-74 was constructed in the 1930s to provide access from Riverside County to recreational attractions  primarily, Lake Elsinore, the San Juan Hot Springs, the beaches in Orange County, and outdoor recreation areas in the Cleveland National Forest. The greater part of the study area is two-lane undivided rural highway that is rolling and mountainous. At the City of Lake Elsinore, the highway changes to an urban setting and has a four -lane configuration with multiple signal or stop sign controlled intersections. When the highway was constructed, the current design standards were not in existence. New improvements will have to consider application- of the current standards when feasible. Analysis Results Segments. The SR-74 study corridor is divided into twelve segments for analysis and comparison, as shown in Figure ES-1. The limits of these segments were based on Caltrans' traffic operational records. Segment 5. It should be noted that Caltrans is completing an improvement project on Segment 5 (EA 12-043214). The project widens the existing lanes to 12 feet and shoulders to 4 feet, places rumble strips in the median, adds safety enhancements (wire mesh system, rock catchment) to reduce road closures due to rock slides, improves motorists sight distances by removing protruding rock walls, improves drainage facilities into San Juan Creek, improves turnouts and adds two new turnouts. According to Caltrans, this project has provided maximum level of improvements feasible to this segment and no further improvement will be necessary. As a result, Segment 5 will not be included in any of the analyses shown in this report. 77 Fi ure ES-1: SR-74 Stud Area S ment Ma Current Operations. The SR-74 corridor is a winding mountainous alignment with limited places for passing, vehicle turnouts, or emergency clear zones. Because of the current corridor alignment and associated constraints, traffic queues form behind slow - moving vehicles and disabled vehicles; see Figure ES- 2. Traffic operations were analyzed for the current traffic conditions using the Highway Capacity Manual (HCM) methodology for two-lane undivided highways. This methodology incorporates geometric features and traffic demand factors such as lane and shoulder widths, type of terrain, number of access points, two-way traffic volumes, truck percentages, and directional splits. The analysis shows that the existing facility is operating at a Level of Service (LOS) E or less. ES-2 Figure ES- 2: Time Spent Following Slower Vehicles by Segment 94% 92% so90% •0 sex 0 C 86% LL C 84% ii N 82% 80% e 78% 76% 74% 1 2 3 4 6 7 6 9 10 11 12 Segment No. Horizontal Highway Curves. Within the study area, due to the mountainous terrain, horizontal curves are key physical characteristics of the roadway. At each horizontal curve location, the roadway geometry results in a corresponding recommended stopping sight distance and design speed'. Based on the as -built ' Geometric features affecting sight distances and design speeds typically include horizontal alignment, vertical alignment, super -elevation, and horizontal clearances. • • 78 " " construction plans and photograph log, Figure ES- 3 depicts the number of existing horizontal curves and their corresponding design speed ranges within each segment. As can be seen, horizontal curves are particularly prominent in Segments 4 through 9, which are in the mountainous areas. Combined with restricted clearances, the corresponding recommended highway design speeds are significantly reduced in the same mountainous segments? Figure ES- 3: Number of Horizontal Curves 8 Corresponding Recommended Design Speed Ranges by Segment Number of Curves 1 2 3 4 6 7 8 9 10 11 12 Segment No. Lane and Shoulder Widths. The SR-74 roadway section within the defined project study limits includes significant lengths with narrow lane and shoulder widths. Currently, the standard lane width for a two-lane conventional State highway per Ca!trans' geometric standards is 12 feet, and the standard right shoulder width is 8 feet. These standards were not in existence when the Ortega Highway was constructed. As can be seen in Figures ES-4 and ES-6, the narrow lanes and shoulders are more prominent in the mountainous segments. Fifty-seven (57) percent of the travel lanes within the total study area include lane widths that are less than 12 feet, and over seventy-five (75) percent of shoulder areas are less than 8 feet in width. Figures ES-5 and ES-7 summarize the lane and shoulder width inventories respectively. 2 Cattrans' current design standard for two-lane conventional highway in mountainous terrain specifies a design speed of 45 miles per hour (mph)- ES-3 79 Figure ES-4: Existing Lane widths by Segment �% 12-ft �% 11-ft �% 10-ft Segment No. Figure. ES-5: lane Widths within Total Study Area lyft 43% Figure ES-6: Existing Shoulder Widths by Segment �% .8-ft " an o e-ft o an o 2-ft �% 0-11 m E N x 100% 90% 0016 70% 60% 50% 40% 30% 20% 10% o% 1 2 3 4 6 7 8 Segment Na 9 10 11 12 Figure ES-7: Shoulder Widths within Total Study Area 6-ft 0% 4-ft 7% >6-ft 4% 0-N 59% Access Points. Highway access points create potential traffic conflict points. Because of the topography, many access points have challenging geometric configurations. As an example, in the photograph in Figure ES-8, the connection of the subject access road is not perpendicular to the SR-74 and the access point is located at a curve, which can affect sight lines and driver comfort. Figure ES-8: Example of Access to Ortega with Challenging Geometric Conditions As shown in Figure ES-9, the density of access points is particularly prominent in Segment 7. Figure ES-9: Access Points per Mile by Segment Segment No. Turnouts. Turnouts allow motorists to leave the traveled lane to allowing the motorists to slow or disabled vehicles to pull over and let faster traffic pass, so as to reduce traffic queues and driver frustration. Figure ES-10 shows turnouts are most numerous in Segments 6 and 8. ES-4 Figure ES-10: Number of Turnouts per Mile by Segment No. of Turnouts per Mile 14 12 10 8 6 4 2 0 1 2 3 4 6 7 8 9 Segment No. 10 11 12 Scoring. Based on the traffic data, physical characteristics, and maintenance records, this study assesses the findings and recommends improvements for each SR-74 segment. A scoring system was developed to quantify comparisons. Scores are shown in "points per mile". Segments showing higher scores would presumably require more improvements than those segments with lower scores. Figure ES-11 summarizes the operational scores by segment. Figure ES-11: Score Summary by Segment 120 Points per Mils 100 ee 6o 40 20 0 2 3 4 fi 1 e 0 10 11 12 Segment No. 80 Environmental Constraints SR-74 traverses portions of two major open space areas: Casper Regional Park and Cleveland National Forest. The area is very hilly, with mid- and long-range mountainous views. Towards the eastern extent of the roadway segment, the road enters into the urbanized area of the City of Lake Elsinore and remains in an urban setting to from the City of Lake Elsinore to the interchange with the 1-15. Habitat for Diverse Species. The Cleveland National Forest lies within a region recognized by Conservation International as one of the world's "biodiversity hotspots" (areas where exceptional concentrations of endemic species are threatened by loss of habitat). The Forest provides habitat for federally listed threatened and endangered animals and plants. While it is not completely financially prohibitive to improve the highway within the study area, any proposed improvements should make the greatest effort feasible to avoid impacts on sensitive habitats and species and to avoid fragmentation of conservation areas identified in the Central and Coastal Subregion Natural Community Conservation Plan (NCCP) and follow the regulations and environmental review processes of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). Environmental Constraints. The map on the following page provides an overview of the environmental constraints within the study area. ES-5 81 " FPOW aleu" rokue Rual W aE0114 pude, pug nnayu no " quleijsuo3 leivauwuopui3 'ars P op pUe a)eweaudde ale SIIOVIIS00a Ieltiktul0llAUa MHO suoee00l 'anlenpu1 Ile IOU aJe flue Apia luawssaSSe RJeWueleid IOI ede umOt15 6e1IIa IlS'.19a 1"ci Pewee:Iola ail l '31eaa aniteaaquaa-aad """rml S 40111 XNVdN`OO am� gmOS a0eS ueap!sloIll gaJPS OAS Uei �IMN Veeels e m gopS nee0le 131e4310/M010 apueldOIO PIaN Von We%IeISCO &Salo u0pelaeaA spuepam umou% ��j'a PMH GOUND POOH %N to %l 'Z lel!geH Ie%00 Peal 040IIV Iegeu IeagPU layalealeurj elunueo sedltl al0'J dOHSW Budy01S sal0atlS aullwaS a00NN0 " IuituAIVIOIare IuauallV palmd lapel man V sluieaisuo3 inuamuoainu3 " Improvements to Be Considered Based on the assessments and discussions presented herein, the following SR-74 improvements should be considered and further developed: " Add passing lanes at 2  5 mile intervals; " Upgrade lanes and shoulders3; " Upgrade drainage systems; " Upgrade metal beam guard rails (MBGRs); " Improve intersections with LOS E or greater; and " Remove sight obstructions, install/ improve -warning signs and provide adequate delineation. Other miscellaneous items such as lighting, recessed pavement markers, new MBGR locations, and rock catchments should also be considered whenever feasible. These improvements are compatible with the long- term system plans by the regional and local transportation agencies. Costs. This study developed order -of - magnitude cost estimates for the proposed improvements. Figure ES- 12 shows the cost -per -mile data for each segment. Note that these costs represent the upper end of the cost range for each segment. 3 Whenever a major improvement project is proposed on a State Highway System, full design standards must be considered first. Deviation from the mandatory or advisory design standards will need to be justified and approved by the Department of Transportation. For example, the Upper Ortega Highway Project justified for a 4-foot shoulder width due to the high cost and environmental impacts. Similar justification process will apply to the other segments if application of full standards is not feasible. ES-7 83 Figure ES-12: Average per -Mile Cost of Proposed Improvements by Segment 45 40 u 35 E 30 f 25 " f 20 a 1s s, �� 10 5 3 4 6 7 9 Segment No. 9 10 11 12 Cost -Benefit Analysis. This SR-74 study performed a cost -benefit analysis for each segment. The potential improvements mentioned in the previous section would improve the performance of the roadway, and, as a result, would reduce the point scores which represent the conditions of the roadway in this study. More reduction in points means better roadway performance. The cost -benefit analysis is based on the cost per point reduced within each segment. Figure ES-13 summarizes the results. Figure ES-13: Cost in Million per Point Reduced 250 2.00 m 9 ,.50 z 0 n ,.00 0 E D.50 0.00 2 3 0 6 7 9 Segment No. 9 10 11 12 This analysis provides a guide as to the effectiveness of implementing the proposed improvements. The lower the cost -per - point -reduced value is, the more cost- effective are the improvements within a segment. The results were used as the basis for project phasing. As can be seen Figure ES-13, the most cost-effective segment in Orange County is Segment 1, and in Riverside County, Segment 11. Recommendations Based upon the conceptual analysis conducted for this study, it is suggested that the stakeholder planning agencies consider the improvement priorities summarized in the implementation phasing plan in Table ES-1, and perform the following additional studies: • Feasibility Study for specific passing lane locations; • Project Initiation Documents (PIDs), which will evaluate the specific feasibilities, cost, and scope of the proposed improvements in greater detail and precision; • Analysis and research to determine the amount and availability of funding, and the requirements of proposed funding sources; and • NEPA/CEQA compliance reports. It should be noted that these proposed improvements are based on very high level evaluations. The feasibility of their final implementation will be subject to detailed analyses and studies. Table ES-1: Proposed Improvements and Priorities by Segment Priority No. 1 Seg. No. 11 County Riverside Begin' Post Mile 14.9 End Post Mile Length (mile) "Order -of- Magnitude" Cost Ranges (Const. plus Support} ($ Millions) , n m a � _- � 2 o N � - - c ° m c - a Proposed 8- c .� Ev: o H 0cn S- m -J � y a a ¢ Improvements a � 7<' - o c s �,o � ,, a 7 E o a; o ¢ ‘6,... s - V is m a ` os If, -0 a a u o = P on m e � L a 0 a rr c o ¢ 15.0 0.8 10 - 20 -- ✓ ✓ -- ✓ ®-®- 2 12 Riverside 15.0 16.3 1.3 10 - 20 -- ✓ ✓ ✓ �--�- 3 8 Riverside 6.9 8.7 1.8 40 - 78 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 4 7 Riverside 4.5 6.9 2.4 40 - 78 ✓ ✓ ✓ ✓ ✓ ✓ ® ✓ ✓ ✓ 5 1 Orange 2.6 5.2 2.6 23-46 ✓ ✓ ✓ ✓ ✓ ✓ ✓ 6 4 Orange 9.3 13.3 4.0 30-98 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 7 2 Orange 5.2 8.1 2.9 23-46 ✓ ✓ ✓ ✓ ✓ ✓ ✓ -- ✓ 8 10 Riverside 11.8 14.2 2.4 16 - 33 -- ✓ ✓ -- ✓ ---- 9 6 Riverside 0.0 4.5 4.5 90 -176 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 10 3 Oran 8.1 9.3 1.1 13-26 ✓ ✓ ✓ ✓ ✓ ✓ ✓ -� ✓ 11 9 Riverside 8.7 11.8 3.1 60 -130 ✓ V. ✓ ✓ ✓ ✓ ✓ -- ✓ Route Total: 355 - 751 ES-8 84 " " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 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: Agreement with Kleinfelder West, Inc. to Provide Technical Evaluations for the Proposed Irvine Expressway Project Supplemental to Corona STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 07-65-105-05, Amendment No. 5 to Agreement No. 07-65-105-00, with Kleinfelder West, Inc. based on the negotiated project scope, schedule, and cost to provide additional technical studies to more thoroughly evaluate the feasibility of the proposed Irvine to Corona Expressway project for a not to exceed amount of $451,227; 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 of optional tasks as may be required for the project; and 4) Approve a budget adjustment to increase revenues and expenditures of $451,200 for FY 2008/09. BACKGROUND INFORMATION: In 2006, the Commission executed a cooperative agreement with the Orange County Transportation Authority (OCTA) and the Foothill/Eastern Transportation Corridor Agency (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. Agenda Item 8E 85 At its February 14, 2007 meeting, the Commission approved Agreement No. 07-65-105-00 to Kleinfelder West, Inc. to provide supplemental geotechnical field exploration, testing services, and technical evaluations for the proposed Irvine to Corona Expressway project for a total not to exceed amount of $6,158,608. Administrative Amendments 07-65-105-01, 07-65-105-02 and 07-65-105-03 were issued within the currently authorized budget to Kleinfelder West, Inc. on August 2007, June 2008, and August 2008, respectively. Amendment No. 1 covered additional costs for the web -based management system. Amendment No. 2 covered the costs associated with bringing in fire monitors required by the Forest Service. Amendment No. 3 covered the cost associated with bringing in the Technical Advisory Panel to determine tunnel feasibility for this project. These three amendments did not increase the $6,158,608 budget approved by the Commission at its February 14, 2007 meeting. During the July 2008 Commission meeting the Commission authorized an additional $650,000 for the deepening of two corehole locations as requested by Congressman Ken Calvert, the ROCA Board and Metropolitan Water District. At its September 10, 2008 meeting, the Commission approved Amendment No. 4, totaling $993,652 to address the additional schedule and logistics needed to accommodate drilling activities. These two tasks brought the total contract amount to $7,802,260. To date, all of the drilling activities, well construction and instrumentation installation has been completed, and monthly ground water monitoring is ongoing as requested by Forest Service staff. At its January 14, 2009 Commission meeting, staff presented preliminary analysis of the feasibility and preliminary findings of the geotechnical analysis work completed to date. Staff informed the Commission about an additional scope of work and negotiation of associated fees regarding additional feasibility studies to provide greater insight on safety, ventilation, construction issues, as well as updated costs and schedules for tunnel construction. A final scope of work, schedule, and fee has been negotiated with Kleinfelder West to perform the additional studies in order to assist in the recommendations regarding the feasibility for this project. Staff recommends that the Commission approve Amendment No. 5 to Kleinfelder West, Inc. for additional feasibility studies with regards to safety, ventilation, tunnel concepts, and configuration and tunnel construction planning and cost estimating for the Irvine to Corona Expressway project. The additional cost for this Amendment No. 5 will be for a not to exceed amount of $451,227 bringing the total contract amount to $8,253,487. Funding for this work is available from the federal funds identified specifically for this geotechnical work. OCTA will provide its share of required matching funds. The Commission's matching funds ($45,128) are available from State Planning, Programming and Monitoring funds. Agenda Item 8E • 86 " " Financial Information In Fiscal Year Budget: No Year: FY 2008/09 Amount: $451,227 Source of Funds: Federal Demo , OCTA and State PPM Budget Ad ustment: Yes 106 65 81501 P2310 $451,200 Special Studies Expenditures GLA No.: 106 65 41409 P2310 $361,000 Federal - Other Revenues 106 65 41203 P2310 $ 45,100 Local Agency Reimbursements 106 65 41501 P2310 $ 45,100 STIP PPM Revenues Fiscal Procedures Approved: \)Um,diA Date: 02/25/2009 Attachments: 1) Scope of Work 2) Project Cost Breakdown 3) Revised Schedule Agenda Item 8E 87 ATTACHMENT WBS 3.20 Technical Advisory Panel, Additional Technical Studies The project under study is an approximately 11-mile long tunnel transportation corridor beneath the Santa Ana Mountains between the 1-15 near Cajalco Road in Riverside County and the interchange of SR-133/SR-241 toll roads in Irvine, California. The tunnel configuration assumed for the feasibility study was developed as Corridor B of the Riverside County - Orange County Major Investment Study (MIS). It assumes two 54-foot diameter tunnels carrying two lanes of one-way traffic in each direction. Because the corridor passes beneath the Cleveland National Forest and other environmentally sensitive lands, the additional feasibility study should evaluate two alternatives for ventilation of the tunnel: 1) No shafts between the portals, and 2) Shafts between the portals. The scope of work contracted by the Riverside County Transportation Commission (RCTC) under Agreement No. 07-65-105-00 authorizes field geotechnical investigations of the Corridor B MIS tunnel concept. It also allows for, interpretation of the geotechnical data for assessment of the feasibility of the tunnels with respect to constructability and general limitations of geotechnical conditions on design. Although geologic conditions are expected to be challenging in a number of ways, similar conditions have been successfully handled at other projects for smaller diameter tunnels. Therefore, RCTC is now requesting a scope and fee to perform additional technical studies to more thoroughly evaluate the feasibility of the ICE tunnels. It is the purpose of the Additional Technical Studies proposed in this document to evaluate other feasibility issues not included in the original scope of work. The scope of work described in this document is for evaluating the feasibility of two 54-foot diameter, 11-mile long tunnels considering three main issues: 1) Tunnel Concept and Configuration; 2) Tunnel Ventilation; and 3) Tunnel Construction Planning, Phasing, and Cost Estimating. The geotechnical data, and geological and hydrogeological conditions developed by Kleinfelder for the geotechnical feasibility of the two tunnels will be used to define the physical environment assumed for these additional technical studies. Part of the additional technical studies is consideration of smaller diameter tunnels (three or four) that could achieve the same traffic improvement goal of the two large diameter tunnels. The smaller diameter tunnels configuration is considered because it may result in cost savings, and greater flexibility of design and construction schedule. Also, a smaller diameter tunnel has been found to be feasible through the same geologic terrain for the Central Pool Augmentation Project by the Metropolitan Water District (MWD). The smaller diameter tunnel can be constructed using current tunnel boring machine technology and tunnel lining designs, whereas the large 54-foot diameter tunnel concept requires technology that is still developing and may weigh heavily on the feasibility evaluation. The additional work scope will be conducted by the Kleinfelder Team but will primarily be executed by Jacobs Associates and PB Americas of the Technical Advisory Panel. Other contributing Team members include Kleinfelder West, GeoPentech, and Ron Smith, who will provide review, comments and interpretation of geotechnical conditions in support of the additional work. During the additional work scope, the Team members will periodically meet with RCTC staff to discuss and develop findings. The results of the additional technical studies will be reported in an "ICE Feasibility Evaluation Report", which will report on both the geotechnical feasibility issues and the additional technical studies in one document. Technical topics affecting the tunnel feasibility will be addressed in separate sections of the ICE Feasibility Evaluation Report. The Geotechnical Assessment Report originally proposed to report on the geotechnical studies, alone, will be replaced by the more comprehensive ICE Feasibility Evaluation Report. 1 88 Schedule It is anticipated that the activities required under this scope of work will be completed approximately 4 months following receipt of Notice to Proceed, exclusive of review times and coordination. It is expected that authorization to begin the work would be in April of 2009 with a completion of the studies and delivery date of draft findings in late August 2009. This would allow sufficient time to prepare a presentation with staff recommendations to the Riverside Orange Corridor Authority and incorporate the results of the additional studies in the final ICE Feasibility Evaluation Report with a delivery schedule of November 2009. WBS 3.20.1 Tunnel Concept and Configuration This task involves incorporating the previous design concepts developed for the Irvine Corona Expressway (ICE) tunnel for the feasibility study during the RC-OC MIS study. This work will focus on construction of the long tunnel alternatives along the Corridor B alignment of the RC-OC MIS corridor utilizing tunnel boring machines (TBMs) for both the two large diameter tunnels and for three or four smaller diameter tunnels. These two basic tunnel configurations will be evaluated for the feasibility study. Being consistent with the considerations of the MIS, the additional studies will also briefly discuss the technical issues related to a partial tunnel and partial surface roads as described in the RC-OC MIS documents as the "Surface/Tunnel Alignment'. The concepts will be compared and contrasted with regard to feasibility considerations. The main work for this task involves incorporating the previous large diameter tunnel section and configuration and developing a section and configuration for the smaller diameter section based on criteria provided by RCTC. This will allow construction cost estimates and schedule estimates to be developed based on the RC-OC MIS tunnel concept and variations on the concept including smaller diameter tunnels and tunnels with provisions for public/mass transit. Rail options could include heavy commuter rail (Metrolink) or high speed rail systems (CHSRA or Maglev). Clearance envelopes to be considered for the rail options will be provided by RCTC for this feasibility study. 1.1 Develop Tunnel Cross Sections This task will focus on incorporating the previously identified tunnel cross-section concepts and configurations into a form that will serve as the basis for this feasibility study. Initially the Team will review the results of the MIS and other relevant previous studies. Concepts will provide 2 traffic lanes in each direction and include allowances for shoulders, walkways, and rail service provided by RCTC. The concept of multiple smaller diameter tunnels will also be considered in lieu of the two large -diameter MIS tunnel cross section. A tunnel cross section will be developed for multiple single lane tunnels carrying the same traffic loads as the two RC-OC MIS tunnels concept. The results of these evaluations will be incorporated into the ICE Feasibility Evaluation Report summarizing the benefits and key limiting factors for each concept considered. The feasibility report will discuss: • Feasible maximum tunnel size based on current TBM technology limits. • Anticipated requirements for service and ventilation tunnels. • An alternate configuration with multiple small diameter tunnels in lieu of one or two larger tunnels to minimize the volume of excavated material and take advantage of current technologies. • Safety considerations of passenger vehicles driving long distances below ground. • Operations and maintenance requirements of the two basic tunnel configurations. 2 • 89 " The work described above will be coordinated with the evaluations completed for Tasks 1.4 and 1.5 and the ventilation/tunnel system space requirements determined in Task 2. The overall objective will be to identify two tunnel -configuration options to allow a cost comparison of at least two options. 1.2 Conversion of MIS Drawings for Feasibility Tunnel Plan and Profile This task will focus on converting the RC-OC MIS drawings to develop plan and profile drawings of the tunnel for use as base maps in the feasibility study tasks. We will take the CAD files provided by RCTC and use them to develop plan and profile drawings at a scale of 1"=500' for use in these studies. Only one set of drawings will be provided for both tunnel configurations. No adjustments to the RC-OC MIS plan and profile will be made. Existing USGS topographic maps (and digital elevation models, DEM) will be used as the base maps for these drawings. We will rely on alignment files made available by RCTC from the RC-OC MIS study for the basis for the plan and profile drawings and assume no modifications are needed for our work. 1.3 Tunnel Cross Passages The configuration and the number of cross passages necessary to meet fire, life, and safety requirements will be evaluated. The spacing of cross passages will be based on NFPA standards (used by the Federal Highway Administration and Ca!trans). Two types of cross passages will likely be needed; one for pedestrians only and one that can accommodate pedestrians and emergency vehicle access. Concepts for constructing these cross passages will be developed including tunnel excavation methods (e.g. sequential mining), groundwater control measures, and conceptual tunnel ground support and final lining provisions. Conceptual drawings will be developed for typical cross passages indicating the conceptual layout for use in preparing the construction cost estimate. 1.4 Tunnel Construction Methodologies The Team will use the geotechnical data collected for the project in order to develop a preliminary tunnel ground characterization. The ground characterization will be based on ground types of soil and/or rock groups and their behavior anticipated in each reach of the tunnel in terms of standup time, face stability, soil and rock mass characteristics. The ICE Feasibility Evaluation Report will discuss appropriate tunnel construction methodologies for the corridor, the impact of groundwater with regard to applicable methods of excavation and installation of ground support. The results will be used to form the basis of the construction cost estimate. 1.5 Tunnel Lining/Grouting Requirements for Groundwater Control Meeting the challenges associated with the ICE project's potential impact on the groundwater regime and resources will take a proactive approach. Based on the Team's experience in dealing with the USFS on other tunnel projects, the Team will develop conceptual measures to control construction impacts to groundwater resources. The Team will evaluate approaches that 3 90 could be implemented, including various types of grouting and a watertight initial support and final tunnel lining system. The Team will also consider the ability of advanced pressurized face TBMs (earth pressure balance and slurry machines) to be used in closed, open, and low pressure modes to use the machine to resist some of the groundwater pressure, if feasible. As part of the groundwater modeling work, a preliminary assessment of potential groundwater drawdown associated with the various groundwater control measures will be developed. The modeling results will be used for evaluating the trade-offs between cost and potential temporary environmental impacts. The current proposed scope of work seeks to develop conceptual -level engineering solutions for the previous design concepts (54 foot diameter tunnels and part surface part tunnel concept) and the smaller diameter tunnels concept incorporating recent data. At the outset, it is anticipated that designing and constructing a watertight final lining may be the greatest challenge for the large tunnel diameter proposed. As a result of the variability of the potential impacts and range of design options for addressing the water and water pressure issues, the additional scope of work proposed for groundwater control is to search for other more cost effective approaches. 1.6 Tunnel Final Conceptual Lining Requirements One of the most significant tunnel feasibility issues is the conceptual design of a watertight final lining to avoid potential impacts to the USFS lands. This task involves measuring the maximum external groundwater pressures for the tunnel cross sections evaluated for Task 1.1. These groundwater limitations will be used as the key criteria for the alignment modifications that will be prepared for Task 1.2. As part of this task, the Team will review the recommendations in Appendix B of the Final Alternatives Evaluation and Refinement Report (RC-OC MIS) and further evaluate the feasibility of state of the art, high strength concrete (17,000 to 20,000 psi) for the use in precast concrete segmental lining(s). In addition to groundwater pressures (hydrostatic loads), the final lining concepts for the tunnel(s) along Corridor B will consider static loads including: • Final lining self weight (dead weight). • Ground loads • The effect of temperature, creep and shrinkage of concrete strains 1.7 Project Meetings Two meetings have been planned for discussions of objectives, progress, conceptual designs and preliminary findings. The first meeting is a "kick off" meeting to begin the task effort. Task Deliverables: 1. Feasibility Report Section describing the results of Tasks 1.1 to1.6. 2. Conceptual Drawings (approximately 15 drawings indicating tunnel cross sections, tunnel plan and profile, cross passages, tunnel lining concepts, and grouting details). 4 • 91 " WBS 3.20.2 Tunnel Ventilation and Systems This task evaluates the feasibility of mechanical ventilation of the two 11-mile long tunnels using current ventilation technology. The additional feasibility study should evaluate two alternatives for ventilation of the tunnel 1) No shafts between the portals and 2) Shafts between the two portals. In addition to comparing costs between these two alternatives a discussion of ventilation requirements and cost for other options developed under task 1.1 will be provided. One option for emissions control in long road tunnels is the use of air scrubbers. The state of the art in the air scrubbing industry will be reviewed and included in this feasibility study. The purpose of this task is to: " Develop preliminary tunnel ventilation criteria for this project. " Estimate the ventilation requirements for the tunnels. This includes an estimate of air emissions requirements, fire emergency ventilation requirements and tunnel heating requirements. Ventilation discharge points are assumed to be at the tunnel portals unless otherwise determined. " Propose a tunnel ventilation system concept for the tunnels. " Evaluate the state-of-the-art in air scrubber technology and present options available for this project. " Estimate the space requirements for the road tunnel ventilation system due to air duct, scrubbers and ventilation requirements. Includes duct sizing and ventilation building sizes. " Develop an itemized cost estimate for the construction of the ventilation system based on the project assumptions. " Develop an order -of -magnitude annual operating and maintenance cost. Assumptions The engineering analysis of the tunnel ventilation system will be based on the following assumptions: " Traffic volumes in terms of ADT will be based on assumptions used in the MIS. " Traffic is uni-directional in each bore. " One tunnel cross section will consider a rail option. " Cross -passages and other fire -life safety features are per NFPA 502 "Standard for Road Tunnels, Bridges and Other Limited Access Highways 2008 Edition". [Reference 1] " The analysis will be conducted for the design fire (in megawatts) based on NFPA 502 Guidelines (Reference 1) and the type of traffic in the tunnel. " The report will be in English units (not Metric). " An air quality review to local land uses at ventilation discharge points is not part of the scope of work. 5 92 " Two meetings are assumed for an on -site project meeting (kick-off) and one to present the findings of the effort. The following information will be provided from other tasks and existing RC-OC MIS data for the Tunnel Ventilation and Systems task: " Predicted tunnel traffic data will be based on MIS evaluations. " Tunnel alignments. " Proposed tunnel cross -sections (three, two large diameter with and without rail option, three small diameter, and " Proposed tunnel profile including highway grades. " Ground temperature data to be used for the SES tunnel heating analysis. 2.1 Tunnel Ventilation Requirements Ventilation requirements for normal operations (emissions control) will be calculated using the Emfac mobile emission source program. Emfac has been developed through the California Environmental Protection Agency Air Resources Board and provides emissions data specific to California highways. Part of the airflow evaluation will include a discussion of unidirectional flow versus bi-directional flow of traffic on ventilation. Once the total airflow requirement is calculated to control emissions, the amount of airflow required for fire emergency ventilation will be determined. The greater of the two will determine the capacity of the ventilation system for this tunnel. Tunnel heating is also a consideration for tunnels of this length. A model will be developed using the Subway Environment Simulation (SES) program to determine the expected temperatures in the tunnel after a 30 year usage. This may be a determining factor in the development of the ventilation capacities. The air ducts will be planned and preliminary ventilation building concepts developed for the purpose of estimating a project construction cost. The Team will perform the following work items as part of the Tunnel Ventilation and Systems task: 1. Review project documents (including RC-OC MIS and Halcrow's White Paper Study provided by RCTC) 2. Develop preliminary tunnel ventilation criteria for inclusion in the final report. 3. Estimate the expected emissions levels in the tunnel based on predicted traffic flow and the Emfac emissions model. Estimate the airflow requirements for carbon monoxide, nitrous oxides and particulate matter. 4. Perform an SES analysis to calculate the airflow requirements to prevent excessive tunnel temperatures due to heat from vehicles, etc. 5. Develop a methodology for ventilating smoke and heat during fire event using the SES computer software. 6. Review the state-of-the-art in air scrubbing for road tunnels. 7. Develop a ventilation building layout and a proposed cross -sectional sketch of a duct layout through the tunnel. 6 93 " " 8. Develop an order -of -magnitude construction cost estimate for the ventilation task of the project. This mechanical and electrical estimate will be incorporated into the estimate of the total project costs. 9. Quality checks/reviews: The project work will be checked and reviewed. 10. Report Development  Draft and Final sections on ventilation for the ICE Feasibility Evaluation Report. 11. Two Project Meetings (Teleconference as necessary for participation) The product of this effort is a final report of the results of the analysis. The findings for the ventilation study will be submitted as a draft for comment and review and as a final to be incorporated into the ICE Feasibility Evaluation Report. The ventilation study findings section for the feasibility report will contain the following details: " Preliminary Tunnel Ventilation Criteria " Results of emissions control calculations. " Results of emergency ventilation for fire calculations. " Results of the tunnel heating analysis. " A proposed ventilation ducting diagram with conceptual size and location of ventilation buildings. " An estimate of annual operating and maintenance costs once the tunnel is in operation. 2.2 Project Meetings Two meetings have been planned for discussions of objectives, progress and preliminary findings. The first meeting is a "kick off" meeting to begin the task effort. Task Deliverables: 3. Feasibility Report Section reporting on the results of Task 2.1 WBS 3.20.3 Tunnel Construction Planning, Phasing and Cost Estimating The objective of this task is to evaluate several key construction factors that could affect feasibility of the project and to develop preliminary construction cost and schedule estimates for the options being considered. Several options for phasing the construction of the tunnels alternatives will compare cost variations depending on sequencing of tunnel construction (one tunnel, two or three tunnels concurrently being considered). The variations will describe the capacity for vehicular ADT of the sequencing or phasing of the project. 3.1 Power Needs for Construction Power consumption for construction of the two large diameter tunnels and length will be a major factor in final construction cost. The Team will rely on input from TBM suppliers for projects of similar diameters and depths to determine estimates for power requirements based on the type 7 94 of tunnel boring machines that are anticipated for the project's ground conditions. Recent local experience during construction of the Arrowhead and NEIS projects will provide the basis for our understanding of present day power demands for a construction site supporting one or two tunneling operations. Estimating the power needs for two tunnel boring machines, their trailing gear below ground, ventilation fans, pumps, and tunnel lighting will be part of the calculation. The other part will be estimating the needs of the above ground plant equipment like a slurry separation plant (if needed) and a backfill grout batch plant, and the impact of delivering materials to and from the heading. Power consumption for construction of the smaller diameter tunnels concept will be developed as for the larger diameter tunnels. The estimated power needs will be developed using similar assumptions and power supply provided for other similar projects. The power needs will be provided to Southern California Edison to investigate the cost of obtaining electrical power for the two options being considered. 3.2 Muck Disposal Options Tunneling will generate large quantities of rock spoils that need to be disposed of. Options such as offsite removal or placement of spoils in engineered fills in canyons or quarries will be identified and evaluated for this task. Disposal of muck to one or many of the local material suppliers for subsequent beneficial use is also a possible option. Another possible option is to use tunnel muck generated from TBM's as road base. Potential disposal options, as well as the pros and cons of each, will be summarized in the ICE Feasibility Evaluation Report. The cost to truck spoils to the receiving site(s) will be evaluated as part of Task 3.6. Test results for metals and sulfides from the Geotechnical Data Report for the ICE project will be evaluated for their impact on muck disposal uses and discussed as appropriate. The muck disposal evaluation options will also consider the differences and advantages or disadvantages of the large diameter tunnel option compared to the smaller diameter tunnel option. 3.3 Construction Staging and Site Layouts This task involves developing a plan for sequencing and staging tunnel construction work utilizing staging areas on both sides of the Santa Ana Mountains. Adequate space for staging construction is very important to promote efficient construction operations and cost effective tunneling methods and is critical for completing the work in accordance with the schedule. Determining a reasonable plan for staging the tunnel construction work is a key factor in the evaluation of feasible tunneling methods. The differences in staging the large diameter tunnel option to the smaller diameter tunnel option construction will be compared and contrasted. The objective is to identify acceptable construction staging areas that allow for sequencing more concurrent construction work, reducing or phasing (lengthening) the overall ICE construction schedule. Potential portal and staging areas capable of activities associated with such large diameter tunnels will be identified and summarized in a section of the ICE Feasibility Evaluation Report. This work will be coordinated with Task 1 and 2. 8 • 95 " 3.4 Water Handling, Treatment, and Disposal Treatment and disposal of drainage water in the tunnel portal areas are complex issues requiring resolution of site -specific factors during the design process. In principle, the main issues consist of anticipated volume rates, regulatory threshold limits on quality of discharged water, and possible disposal channels. The treatment required can range from settling ponds to sophisticated temporary treatment plants depending on specific portal area, characteristics of the groundwater, volumes to be treatment, and mandated discharge qualities. Assessments of water discharge rates and water quality and treatment issues will be made for both portal areas associated with Corridor B and summarized in a section of the ICE Feasibility Evaluation Report. 3.5 Construction Plan and Schedule Development A schedule with the expected construction duration will be developed from the selected construction method and staging of the project as described in Tasks 1 and 2, above. The schedule will include both the large diameter tunnel option of the MIS and the smaller diameter tunnels option developed during the additional technical studies. The schedule will indicate major project construction components only and will not include environmental documents, permitting or design elements necessary for an overall project schedule. The construction schedule will start with the call for bids from contractors for tunnel construction and end with traffic allowed through the tunnel(s). Schedules for both the large diameter tunnels construction and the smaller diameter tunnels will be compared and contrasted. 3.6 Itemized Construction Cost Estimate The Team will provide a cost estimate that will include tunnel construction, mechanical systems (including ventilation), power requirements, and staging. The cost estimate will be an expanded order -of -magnitude construction cost based on the conceptual designs and assumptions described in this scope of work. Costs for tunnel construction will take into account Tunnel Boring Machine (TBM) prices, delivery schedules, and predicted advance rates. Qualified TBM manufacturers will be contacted to provide input for the estimate TBM ground support methods and recommended types of backup equipment. All cost information will be presented in pdf or excel format for easy review and analysis. The off -site disposal of material removed from the tunnel and handling/treatment of groundwater encountered during construction will not be addressed in the cost estimate since additional information and testing is needed before any cost basis can be developed. Upon completion of the construction cost estimate, a brief review of potential revenues will be developed using the MIS assumptions of ADT and tolls for operating the tunnel as a toll road. The purpose of this revenue source is to estimate the amount of funding that can be realized to pay for construction and continuing operations and maintenance costs. Operations and maintenance costs of the ICE tunnels will be evaluated using case history costs for operations (labor, energy, vehicles, fire protection) and maintenance (repairs, ventilation equipment, scrubbers, etc.) of similar tunnels. The two tunnel options will be contrasted with respect to general estimates of operation and maintenance costs. 9 96 3.7 Estimate of Potential Toll Revenues • Potential toll revenues will be based on a review of previous RCTC traffic forecasts (assuming 2030 to 2035 forecast year) conducted as part of the RC-OC MIS and specifically directed at the assumptions and results presented for Corridor B. The results of this effort will be a short section in the report which provides brief commentary on the conclusions of the study and identifies areas of need for the next stage of the project. 3.8 Estimate Operation and Maintenance Costs Operations and maintenance costs of the ICE tunnels will be evaluated using case history costs for operations (labor, energy, vehicles, fire protection) and maintenance (repairs, ventilation equipment, scrubbers, etc.) of similar tunnels. The two tunnel options will be contrasted with respect to general estimates of operation and maintenance costs. 3.9 Meetings / Workshop Two meetings have been planned including a workshop with RCTC staff to discuss assumptions, objectives and findings of additional studies. Task Deliverables: 3. ICE Feasibility Evaluation Report describing the results of Tasks 3. 4. Conceptual Drawings (approximately 4 drawings indicating construction staging concepts and portal development). 5. Construction Plan and Schedule (based on both the large and smaller diameter tunnel configurations, 6. Itemized cost estimate for tunnel construction using selected methods for both tunnel configurations. 7. Estimate of potential revenues realized from operation of the ICE tunnels as a toll facility. 8. Itemized cost estimate for operations and maintenance of the ICE tunnels. The costs will be developed for both the larger RC-OC MIS tunnels and the smaller tunnels. References 1. National Fire Protection Association; NFPA 502 Standard for Road Tunnels, Bridges, and Other Limited Access Highways 2008 Edition; National Fire Protection Association, I Batterymarch Park, PO Box 9101, Quincy, MA 02269-9101, USA. 10 97 " " ATTACHMENT 2 Irvine Corona Expressway Fee Estimate for Additional Technical Studies Task Description Kleinfelder Jacobs Associates PB GeoPentech Ron Smith Total Amount 1 Tunnel Concept and Configuration $ 8,020.64 $ 133,436.52 $ $ 24,607.60 $ 8,600.00 $ 174,664.76 2 Tunnel Ventilation and Systems $ 2,682.24 $ 5,944.64 $ 108,014.96 $ - $ - $ 116,641.84 3 Tunnel Construction Planning, Phasing, and Cost Estimating $ 15,149.52 $ 78,991.16 $ 47,415.62 $ 9,763.68 $ 8,600.00 $ 159,919.98 TOTAL TASKS $ 25,852 $ 218,372 $ 155,431 $ 34,371 $ 17,200 $ 451,227 d8 2/25/2009 " " " Irvine Corona Expressway Fee Estimate Ice Additional Technical Studies WBS 3.20 Nadas!der West, Inc ' Hevryaete . $22362 5126.67 F89i - i8T.6d S 8ulcrosvltanm Tu$.:. Sener Ber9a Se rBw 8entor Bmb :OMV Ohen HklNeldar Description subTae$ Principal AUMLI0II PseeceUI Engineer01 ElMimer ll EngneerI Asst. PM Total His .lua[leh EnplrlwrN En ErDlnverl bsgner CosLL. Total Pa GeoPeetea Ron Smith Total 3.20.1 'Tunnel Concepts and Configuration 32 0 0 0 0 0 0 0 0 _ _0 _ _ _0 _ _6. $200 40 $8.021 _ $133,437 $0 $24,608 $8,600 $174,665 11 Develop Tunnel Cruse Sac q 4 ��e94 gv,IDa $II $o SO v _.._ 12 Profile MlS Oramrg 1 Feasibility TunndR en Profile 0 SO $0 _ $0 �� ___ $0 _ate652 $11629 73 _ TunnelCrm Passages 4 _ 0 $894 __$11a829 $21.968 $0 .__ $0 _ $0 522860 Tunnel Con ire AldlxNdi9ies 8 a S1,)88_ 64650 $0 $8,394 $3200 $41932_ __14 15 _ Tunnel lnnNGrw8n9 RWuimnmb W IXawtWalx Wnnl 4 _ __...._ ._. .. .__.. _ 4 __. _. 5894 $28.690 SO 511319 ROO 5,11,503 16 Tunnel Final Linng.Requeements 4 $894 $19.985 $0 $0 $1600 522,479 17 Pooled Meetings e _._ _ B $200 _._. _0 16 52856 $5058 S0 84895 _. _ $3000 $15609 3.20.2 Tunnel Ventilation and Systems 12 0 0 0 0 0 0 0 0 0 0 0 $0 12 $2,682 $5,945 $108,015 $0 $0 $116,642 2.1 Tunnel VmNatim Reouireems 8 8 51.768 55.945 5102.029 SO SO 5109.762 2.2 Pign Meetinoe 4 0 $894 $0 $5.988 $0 50 $6880 Tunnel Construction Planning and Cost 3.20.3 Estimating 52 0 0 0 0 0 0 16 0 8 0 8 $200 280 $15,150 $78,991 $47,416 $9,764 $8,600 $159,920 31 Pw.m Needs ld Cmslndm 0 60 $1265 $0 50 51518E _ 32 Mud, Dist' IOptiana 8 . _._.. .. _. 8 _.._ 1B $2.802 __$13,933 $12.547 $2, 240 $0 sc 517.58E mnp3 Lvo!.le___...._ 4 $B90 $21,PB8 $3_35_9_ $0 Si BOO $2:519 3A _ Weler Handling. Treatment and Disposal 4 _ _ _.. _ _... _ 4 _ _. $894 $9_766 $2938 .._. E6 U6. _ _ 50 _ _ 518804 25 Construction Ran and Schedule Devdopment 4 4 5894 59.516 $1963 $0 $1600 S12973 38 ilmned COOSthlebOn COSIabInale 12 8 20 53.350 $3,518 $18284 $0 $2400 $30550 37 Estimate al Pdemeal Toll Revenues $0 $0 i4,699 $0 60 Sr 699 38 Estimate greratim end Maintenance Cwle 4 _._._ ,.. 5894 s0 $9,042 s0 $0 $9,916 39 Memos/WnSNW 16 8 a $200 232 $5421 $5058 55586 $3.557 $3,000 $22622 TOTAL TASKS 96 0 0 0 0 0 0 16 0 8 0 18 400 332 $25,852 $218.372 $155,431 S 34,371.28 $ 17,200.00 $451227 Kleinixeer 2u5/20u9 " " " Irvine Corona Expressway Fee Estimate for Additional Technical Studies WBS 3.20 -Jacobs Associates Hourly Rate $260.77 $221.42 $160.77 $132.72 $107.70 $130.72 Task- Description SubTask Principal Senior Associate fl Associate) Senior Senior Senior Engineers Engineer ll Engineer) Senior Asst. PM Other Direct Associate Engineer Nl Engineer II Engineer Designer Costs Total Hrs Amount 3.20.1 Tunnel Concepts and Configuration 68 80 0 112 0 0 188 128 0 0 288 0 $3,600 864 $133,437 1.1 Develop Tunnel Cross Sections 8 8 16 24 60 $300 116 $17,758 12 Conversion of MIS Drawings for Feasibility Tunnel Planned Profile 4 16 24 40 $200 84 $11,629 1.3 Tunnel Cross Passages 8 8 16 24 40 60 $200 156 $21,966 1.4 Tunnel Construction Method�tittles 16 16 24 60 24 40 $1,200 180 $28,550 1.5 Tunnel Lining/Graining Requirements for Groundwater Control 16 24 24 40 40 40 $300 184 $28,490 1.6 Tunnel Final Lining Requirements 8 16 16 40 48 $200 128 $19,985 1.7 Protect Meetings 8 8 $1,200 18 $5,058 3.20.2 Tunnel Ventilation and Systems 8 0 0 24 0 0 0 0 0 0 0 0 $0 32 $5,945 2.1 Tunnel Ventilation Requirements 8 24 32 $5,945 2.2 Meetings 0 $D 3.20.3 Tunnel Construction Planning and Cost Estimating 68 56 0 72 0 0 88 120 0 0 84 0 $1,700 488 $78,991 3.1 Power Needs for Costmction 8 8 16 24 40 96 $13,923 3.2 Muck Disposal Options 4 4 16 16 24 24 $200 88 $12,547 3.3 Construction Staging and Site Layouts 8 12 8 24 40 60 $300 152 $21,666 3.4 Water Harding, Treatment and Disposal 8 8 24 16 56 $8,766 3.5 Construction Flan and Schedule Development 16 8 16 90 $8,516 3.6 Itemized Construction Cost Estimate 16 8 16 40 $8,516 3.7 Estimate of Potemtial Toll Revenues 0 $0 3.8 Estimate Operation and Maintenance Costs 0 $0 3.9 Meetrrgs l Workshop 8 8 $1,200 16 $5,058 TOTAL TASKS 144 136 0 208 0 0 276 248 0 0 372 0 $5,300 1384 $218,372 JA ��bo 2/25/2009 " " " PH Irvine Corona Expressway Fee Estimate for Additional Technical Studies WBS 3.20 -Parsons Brinkerhoff Ho Rate Rate 4349.t2 f245.03 $210.79 d$139.98. $165. .14 $t02.3030 - - Task - SubTask _... DesalMton Senior Prmsipal Associate -. ' Senior Senior Senior " 'Smbr OMv Direc! Assocbte it Assceble I Engineer iH Eng,Mer II Elgkeer I AssL PM ;. Trial Hre EYgiMer 111 Engnwas'R EngineerDesigner Costs. MIOUIR 3.20.1 Tunnel Concepts and Configuration 0 0 0 0 0 0 0 0 0 0 0 0 $0 0 $0 1.1 Develop Tunnel Crass Sections 0 $0 1.2 Conversion of MIS Drawngs for Feasibility Tunnel Planned Pie 0 $0 1.3 Tunnel Cross Passages 0 ED 14 Tunnel Construction McNpGoligies 0 $0 15 Tunnel Lnng/Nouting Requirements for Groundwater Control 0 $0 1 6 Tuned Find Living Requirements D $0 1 ] Proleel Meetings D SO 3.20.2 Tunnel Ventilation and Systems 58 72 0 444 0 0 0 72 0 0 0 0 400 646 $108,015 2.1 Tomei Ventilation Requirements 42 72 444 72 630 $102,029 22 Meetings 16 $400 tfi $5,986 3.20.3 Tunnel Construction Planning and Cost Estimating 54 4 90 32 0 0 20 8 0 0 0 0 $0 208 $47,416 3.1 Power Needs Its Construction 6 6 $1265 3.2 Muck Dupasal Optima 4 4 8 62,240 3.3 Construction Staging and Ste Layouts 6 6 12 $3 359 34 Wale Handling, Treatment ontl Deposal 6 4 10 $2.938 3.5 Construction Plan and SCM1etluk Development 2 6 8 $1,863 36 Itemized Construction Cost Estinate 8 64 72 $16284 3.7 Estimate of Poternllal Tot Revenues 4 20 24 114,699 3:8 Estimate Operation and Mainenance Costs 8 4 32 e 52 $8,082 39 Meetings l Workshop 16 16 $5,586 TOTAL TASKS 112 76 90 476 0 0 20 80 0 0 0 0 $400 854 $155,431 101 2/25/2009 " " GeoPonie , Irvine Corona Expressway Fee Estimate for Additional Technical Studies WES 3.20 - GeoPentech Hourly Rate $209.84 4167.22 $124.59 $73.13 $73.13 TasA- Description auLTak PrNppel $�n1Of AsagglMe ll AssgclMel Senior Senior Senior E ircer III En 11 En I Senior Asst. PM Omer Direct Total Rrs Amount Associate E,glr,eer III Egirxer ll Engineer l ��� Engineer Engineer Designer Costa 3.20.1 Tunnel Concepts and Configuration 96 8 0 0 0 0 20 20 0 0 0 0 $200 144 $24,608 1.1 Devekp Tunnel Cross Sections 0 $0 1.2 Conversion of MIS Drawings for Feaslmlty Tunnel Flames Profile 0 $g 1.3 Tunnel Cross Passages 0 $O 1.4 Tunnel Construction MetMldpies 40 46 68.394 1.5 Tunnel Lhinc4Grc�1hg Requirements for Groundwater control 40 20 20 80 $11.319 18 Tunnel Final Lnlnq Requirements 0 $0 17 Project Meetings 16 B $2I2 24 $O B95 3.20.2 Tunnel Ventilation and Systems 0 0 0 0 0 0 0 0 0 0 0 0 S0 0 $0 2.1 Tunnel Ventilatkn Requirements 0 $0 2.2 Project Meetings o $o 3.20.3 Tunnel Construction Planning and Cost Estimating 40 0 0 0 0 0 16 0 0 0 0 0 $200 56 $9,764 3.1 Power Needs for Construction 0 $0 3.2 Muck Disposal Options - 0 $O 3.3 Construction Staling and See Layouts 0 $O 3.4 Water Handling, Treatment and Dispose/ 24 18 40 $6,206 3.5 Construction Plan and Schedule Development 0 $0 3.6 Itemized Construction Cost Estimate D $g 3.7 Estimate of Polemti Tdl Pyrenees 0 $O 3.0 Estimate Operation and Maintenance Costs 3.9 Meetings l Workshop 16 0 $200 16 $3,557 TOTAL TASKS 136 8 0 0 0 0 36 20 0 0 0 0 $400 200 $34,371 102 2/25/200a " " " Irvine Corona Expressway Fee Estimate for Additional Technical Studies WBS 3.20 " Ron Smith ;. Hourly Rate $200.00 Task Description SubTask.. Senior Senior Senior Senior Senior Other Direct Principal Associate N Aesoolate t Engineer IN Englneera . Engineer I Met. PM Asaomle Engineer M Engineer II Engineer Designer Costs Total Hrs Amount 3.20.1 Tunnel Concepts and Configuration 38 0 0 0 0 0 0 0 0 0 0 0 $1,000 38 $8,600 1.1 Develop Tunnel Crass Sections 0 $0 1.2 Conversion of MIS Drawings for Feasibility Tunnel Planned Profile 0 $0 1.3 Tunnel Crass Passages 0 $0 1 4 Tunnel Construction Methodoligies 16 16 $3,200 15 Tunnel LiningfGroutinq Requirements for Groundwater Control 4 4 $800 1.6 Tunnel Final Lining Requrements 8 8 $1,600 17 Project Meetings 10 $1,000 10 $3,000 3.20.2 Tunnel Ventilation and Systems 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 2.1 Tunnel Ventilation Requirements 0 $0 2.2 Project Meetings 0 $0 3.20.3 Tunnel Construction Planning and Cost Estimating 38 0 0 0 0 0 0 0 0 0 0 0 $1,000 38 $8,600 3.1 Power Needs for Construction 0 $0 32 Muck Disposal Options 0 $0 33 Construction Staging and Site Layouts 8 a SI 600 3.4 Water Handling. Treatment and Disposal 0 $0 3.5 Construction Plan and Schedule Development a 8 $1 600 3.6 Itemized Construction Cost Estimate 12 12 $2400 3.7 Estimate of Potemtlal Toll Revenues 0 $0 3.8 Estamate Operation and Maintenance Costs 0 $0 39 Meetings/Workshop 10 $1,000 10 $3,000 TOTAL TASKS 76 0 0 0 0 0 0 0 0 0 0 0 $2,000 76 $17,200 RS 163 2/25/2009 " ATTACHMENT 3 ICE SCHEDULE Duration I ID Activit weeks Precedent Tasks/In. ut Needed see below also A ril Ma June Jul Au ust Se.[ember October November 1.1 Develop Tunnel Cross Sections 4 Tasks 1.4, 1.5 and 2.1 need to be started or completed Two Land Tunnel Cross Section 4 Single -Lane Tunnels Cross Section 4 Need PB Ventilation Duct Space Requirements Task 2.1 ��. 1_2 1.3 Describe Safety Considerations and Mitigation 2 . Conversion of MIS Drawings 2 Need RC(OC MIS alignment files from RCTC Develop Cross Passages 4 Tasks 1.2 1.4 Tunnel Construction Methodologies 4 Task 1.1 ����- 1.5 1.5 Tunnel Lining/Grouting Requirements 5 Task 1.6 Tunnel Final Conceptual Lining Requirements 3 Tasks 1. 1.1, 1.5 1_7 Protect Meetings 2.1 Tunnel Ventilation Requirements Coordination between PB and Jacobs Ventilation and Air Emission Requirements 3 Need RCTC traffic and vehicle assumptions Evaluate Applicable Air Scrubber Technology 4 _ Develop Tunnel VentilationionConcepts (2) 4 _ -- Estimate Space Requirements for Ventilation 4 Develop Ventilation Building Layout 2 Develop Cross Section of Duct Layout 4 Jacobs needs for Cross Sections Task 1.1 -, _ Final Ventilation Systems and Configurations 3 2.2 Project Meetings 3_1 3.2 Power Needs for Construction 2 Task 1.4 PB to review J_a_cobs information ���� _- 4011111r Muck Disposal Options 2 Task 1.1 3.3 Construction Staging and Layout 4 Task 1.2 ,  3.4 Water Handling and Disposal 1 Task 1.5 needs to be completed 3.5 Construction Plan and Schedule Development 1 Review PB's Schedule and .rovide comments 3 3_6 3_7 3.6 Conceptual Cost Estimate 6 PB and Jacobs coordination Tasks 1.1, 1.3, 1.4, 1.5, 1.6, 3.1, 2, 3 3, 3 4, 3 5 Estimate of Potential Toll Revenues 1 Need RC/OC MIS Assumptions- Estimate Operation and Maintneance Costs 2 Need Jacobs O & M Assumptions 3.9 Meetings/ Workshop .... - _ ICE Feasibility Evaluation Report Draft RCTC Review of IFER _-- ICE Feasibility Evaluation Report Final " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Min Saysay, Right -of -Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: State Route 60 East Junction to Interstate 215 High Occupancy Vehicle Lanes Connector Project Relocation Plan BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to adopt the State Route 60 East Junction to Interstate 215 High Occupancy Vehicle (HOV) Lanes Connector Project Relocation Plan (Relocation Plan). BACKGROUND INFORMATION: As part of the right-of-way acquisition phase for the SR-60 East Junction to 1-215 HOV lanes connector project, a Relocation Plan has been prepared in connection with the commencement of right-of-way activities. The Relocation Plan provides the Commission with information regarding the potential impact of the project on the affected residential occupants, and responds to each as to their eligibility for benefits. State statutes require that relocation assistance programs provide for the fair, uniform, and equitable treatment of all affected persons. The regulations further require that all eligible persons be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance procedures of the relocation assistance program. The Relocation Plan sets forth policies and procedures necessary to conform to statues and regulations established by California Government Code Section 7260 and California Code of Regulations Title 25, Division 1, Chapter 6 (Guidelines), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act), the implementing federal relocation and acquisition guidelines found at 49 CFR Part 24, and the Commission's adopted right-of-way policies and procedures. Agenda Item 8F 105 The Relocation Plan includes a description of the project's location and specific sites, an assessment of the relocation needs of the residential occupants subject to displacement, a study of available replacement housing sites in close proximity to the project, and an overview of the proposed relocation assistance program. Assessment of Relocation Needs The proposed project will impact a 15-unit apartment complex at the northwest quadrant of Box Springs Road and Morton Road in Moreno Valley. The apartment complex is located on a 3.5-acre property, with the improvements located on the southeast portion of the site. The property owner has indicated the desire to rebuild on the remaining property, which is approximately 2.5 acres, if feasible. As such, the Commission has appraised the property for both partial and full acquisition. Both alternatives require the demolition of the apartment complex. All occupants have been personally interviewed and detailed information, such as unit size, term of occupancy, monthly rent, and relocation preferences are detailed in the Relocation Plan. No eligible person shall be required to move from the dwelling unless comparable replacement dwellings are available to such persons. Housing site availability is summarized in the Relocation Plan. Based on the replacement needs of the residential occupants, survey results indicate that there is a sufficient availability of housing units to provide comparable replacement housing. Relocation Assistance Program The Relocation Plan provides a comprehensive overview of the Commission's Relocation Assistance Program, which follows applicable state and federal regulations. Components of the program include relocation advisory services, an explanation of benefits available for residential and commercial occupants and for both owner occupied and tenant -occupied units, and general information on payment of relocation benefits. Specific eligibility requirements and benefit plans will be detailed on an individual basis with the displacees. Pursuant to CCR, Section 6038, a general notice has been provided to each occupant of affected properties 30 days prior to submission to the Commission for adoption. Agenda Item 8F • 106 " Financial Information In Fiscal Year Budget: Yes Year: FY 2008/09 Amount: $584,200 Source of Funds: STP, 1989 Measure A Budget Ad ustment: No GLA No.: 222 31 81401 P3017 Fiscal Procedures Approved: \14114u4401. Date: 02/25/2009 Attachment: SR-60/I-215 East Junction HOV Project Relocation Plan Agenda Item 8F 107 RELOCATION PLAN Riverside ��` �� .�� . �"�'' `� .: �. Commission ST JUNCTION HOV POJ ECT Submitted January 2009 By Epic Land Solutions, Inc. www.epicland.com 3850 Vine Street, Suite 200 Riverside, CA 92507 Phone: 951-321-1800 Fax: 951-321-1836 I UtS " " Table of Contents Introduction 3 Project Description 3 Property Description 3 Property Description Aerial Photographs 4 Project Site Photographs 4 Relocation Impact and Replacement Resources 5 Assessment of Needs 5 Census Demographics and Housing Information 5 Language 5 Age 5 Residential Relocation Area Preferences and Needs 6 Replacement Housing Resources 6 Resource Survey Results 6 Temporary Housing Section 7 Concurrent Residential Displacement 7 Relocation Program 7 Program Assurances and Standards 7 Citizen Participation/Plan Review 7 Residential Relocation Assistance Program 7 Relocation Benefit Categories 8 Relocation Moving Expense Payments 8 Assistance to Tenants 8 Payment of Relocation Benefits 9 Eviction Policy 10 Appeals Policy 10 Projected Dates of Displacement 10 Last Resort Housing 10 Estimated Relocation Costs 10 EXHIBIT A - General Information Notice 12 EXHIBIT B - Relocation Brochure - Residential 16 EXHIBIT C - Notice of Eligibility for Relocation Assistance 22 EXHIBIT D - Residential Occupant Interview Form 25 EXHIBIT E - 90-Day Information Notice - Residential Occupant 28 EXHIBIT F - 30-Day Notice to Vacate - Residential Occupant 30 109 " Introduction The Riverside County Transportation Commission (the "Commission") has implemented a plan to construct a high occupancy vehicle (HOV) lane on the I-215/SR-60 interchange, in the County of Riverside (the "Project). The project will result in the acquisition of an apartment complex occupied by fifteen tenant households. The Commission be requested to adopt by resolution a Relocation Plan (the "Plan"), to minimize the hardship of impacted individuals and families within the project area. The Commission has retained Epic Land Solutions, Inc. to prepare a Relocation Plan (Plan). The purpose of the Plan is to provide the Commission with information regarding the potential impact of the project on the affected residential occupants; and to respond to each household's eligibility of benefits. The Plan provides: ' The results of a needs assessment survey ; ' A study of available replacement housing comparables; ' An overview of the Commission's proposed relocation program. The Plan also sets forth policies and procedures necessary to conform to statutes and regulations established by California Government Code Section 7260 and California Code of Regulations Title 25, Division 1, Chapter 6, Subchapter 1 ("Relocation Assistance and Real Property Acquisition Guidelines"). Project Description The project's mission is to construct a high occupancy vehicle (HOV) lane on the I-215/SR-60 Interchange (East Junction), in the City of Moreno Valley, in the County of Riverside. Its purpose is to add operational improvements in an effort to reduce congestion, improve existing operation conditions, and enhance safety. Property Description The Subject property is on the 20900 block of Box Springs Road. It is located at the northwest quadrant of Box Springs Road and Morton Road in the vicinity of the City of Moreno Valley, in the unincorporated area of Riverside County. The zoning of the subject property is General Residential, which allows for single family and multi -family residential uses and a variety of commercial uses. The carve -out portion of the part taken is 36,000 square feet of land area which is currently improved with a fifteen unit apartment complex. Aerial photographs of the subject property are shown on the following page. Page 3 of 31 Epic Land Solutions, Inc 110 " Property Description Aerial Photographs Project Site Photographs 20980 BOX SPRINGS ROAD Page 4 of 31 Epic Land Solutions, Inc 111 " " Relocation Impact and Replacement Resources Assessment of Needs Personal interviews were conducted to obtain information for the preparation of this Relocation Plan. The table below reflects the family composition and relocation needs of the fifteen (15) displacements. rx Address 20980 Box;'; ;Springs Road Unit#1 Tenant Tenant AdYJiLs " Childred -#-o'f.Per��ans DisabJlrties,.` s Current" ., a' `' ,Manthly,�� y 8ediooms .= Neetred r. ,Special -;: tapguage ?' Unit #2 Tenant Unit #3 Tenant Unit #4 Tenant Unit #5 Tenant Unit #6 Tenant Unit #7 Tenant Unit #8 Tenant Unit #9 Tenant Unit #10 Tenant Unit #11 Tenant Unit #12 Tenant Unit #13 Tenant Unit#14 Tenant Unit #15 Tenant Census Demographics and Housing Information Language Language is an integral component in a relocation program. With differing languages, the relocation process becomes considerably challenging. Relocation laws, policies and procedures are complex and can be difficult to explain, so it is important for a relocation advisor to make necessary provisions to communicate effectively with the project occupants. The fifteen households interviewed identified English as their primary language. In the event other primary languages were identified, efforts would have been made to accommodate the project occupant's language needs during the relocation process. fte The following table summarized the age distribution of the residents in the project area. Page 5 of 31 Epic Land Solutions, Inc if 112 Numbero#,People z` 0 to 9 Years 10 to 17 Years 18 to 30 Years 31 to 45 Years 46 to 65 Years Over 65 Years Unknown Residential Relocation Area Preferences and Needs In summary, the replacement housing resources needed for the affected displacements, within the proposed project area, are 4 studios and 11 one bedroom single family residences. The fifteen (15) households interviewed indicated the importance of remaining in the vicinity of the County of Riverside, due to the proximity of their respective employment, school district, and medical facilities. Replacement Housing Resources A replacement housing resource survey was made during the month of 2009. The survey focused on locating available housing for each of the affected residential occupants while confirming all met the decent, safe, and sanitary requirement. The comparable replacement properties are situated in similar neighborhoods within close proximity to the project area. This market study determined an adequate number of available replacement units replicating the displacement properties within the City of Moreno Valley and/or County of Riverside. Functional comparability includes the required minimum number of rooms to include bedroom and bathrooms with adequate habitable living space for each household. Resource Survey Results A summary of the resource survey is given below and shows the number of available comparable decent, safe, and sanitary units. These units are of adequate size and contain the required number of bedrooms for each household and their monthly rental rates. Page 6 of 31 Available Two and Three 60 East Junction V Bedroom Rental Units in the cinity, as of January 13, 2009 Manti* Ren I Rates'. Units Available' :. $ 750.00 - $900.00 1 $ 901.00 - 1,100.00 5 $ 1101.00 - 1300.00 5 Epic Land Solutions, Inc 113 " Temporary Housing Section There is no anticipated need for temporary housing. Should such a need arise, the Commission will respond appropriately and in conformance with all applicable laws and requirements. Concurrent Residential Displacement The consultant preparing this Plan contacted the Commission to determine if there are any additional residential displacements in the immediate area of the existing project. There are no upcoming projects within the immediate area, which would cause concurrent displacements. Relocation Program Program Assurances and Standards Service assurances and standards for replacement housing are upheld by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act. These standards ensure a displacement does not result in discriminatory treatment of individuals or households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis. No one will be displaced without a formal 90-Day Written Notice and unless functionally "Comparable" replacement housing can be identified and is available. "Comparable" housing includes standards such as: Decent, Safe, and Sanitary (as defined in � 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced household as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented by the displacing entity conforms with the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements. Citizen Participation/Plan Review The Commission did not request any citizen participation for the preparation of this Plan. Residential Relocation Assistance Program Epic's Relocation Assistance Agents maintain close contact with each displaced household Page 7 of 31 Epic Land Solutions, Inc se' 114 and are available to help answer their questions about the relocation process. Each household is given a comprehensive relocation assistance program, with technical and advisory assistance. Specific activities provide: ■ A General Information notice; ■ Three comparable replacement dwelling referrals and, if necessary, transportation to inspect potential replacement dwellings; • Assistance with completion and filing of relocation claims, rental applications, and appeals forms, if necessary. Relocation Benefit Categories Relocation benefits are provided in accordance with the Uniform Acquisition and Relocation Assistance Act, the California Relocation Assistance Law, the California Government Code section 7260 et seq. (CRAL), the Guidelines, and all other applicable regulations and requirements. Benefits are paid upon submission of required claim forms and documentation. The Commission will provide appropriate benefits for each displaced household as required by the referenced Legislative Mandates. Relocation Moving Expense Payments The subject households will be eligible to receive a payment for moving expenses. Payments are made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. • Fixed Payment - A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation. ▪ Actual Reasonable Moving Expense Payments - The displaced households may elect to have a licensed, professional mover perform the move; if so, the displacing entity will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household. Included in these costs may be the cost of retro-fitting a replacement site for a handicap person. Assistance to Tenants Rental Assistance/Down Payment Assistance - Displaced households who are residential tenants and who have established residency within the Project site for a minimum of 90 days prior to the "initiation of negotiations" will be eligible for both Rental Assistance and Moving Expense Payments. "Initiation of negotiations" is defined as the first written offer to buy the property from which the households will Page s of 31 Epic Land Solutions, Inc • 115 " be displaced. Except in the case of Last Resort situations, Rental Assistance Payments will be limited to a maximum of $5,250 based upon the monthly housing need over a forty-two month period. In addition, the households may opt to apply the amount to which they are entitled toward the purchase of a replacement dwelling. Tenants must occupy a replacement dwelling within one year of the date that the household vacates the acquired dwelling. �% Last Resort Housing Payments for Tenants - When there is an adequate supply of replacement housing available but at an increased monthly rental cost, there is a need to provide Last Resort Housing Payments to tenants. "Last Resort Housing' payments are authorized by statute if affordable "comparable replacement housing" cannot be found for the displaced tenant household (i.e., housing not more than 30% of the household's average monthly income). In this case, payments may be made beyond the $5,250 statutory cap up to 42 months worth of rental assistance. The supplemental increment beyond $5,250 may be paid in installments or in a lump sum at the discretion of the displacing entity. If a household chooses to purchase a replacement home rather than rent, the household will have the right to request a lump sum payment of the entire balance to which they are entitled. Payment of Relocation Benefits Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the displacing entity within eighteen (18) months from: (i) the date the claimant moves from the acquired property; or (ii) the date on which final payment for the acquisition of real property is made, whichever is later. Procedures for preparing and filing of claims and processing and delivering of payments will be as follows: �% Claimant to provide all necessary documentation to substantiate eligibility for assistance. " Assistance amounts will be determined and required claim forms prepared by relocation staff in consultation with claimant. �% Original signed claims supported by documentation and relocation personnel recommendation will be submitted to the designated Commission staff member or his/her designee. " Payments will be prepared and delivered to relocation staff for distribution. Payments will be delivered personally by relocation personnel unless circumstances dictate otherwise. When payments can not be personally delivered, they will be sent by certified mail. " Payment receipts and other signed acknowledgments will be obtained by relocation personnel and kept in the case file. Page 9 of31 Epic Land Solutions, Inc 116 �% Unless otherwise instructed by the Commission, relocation staff will not deliver final payments until the project area premises of the claimant have been completely vacated. Before issuance of final payments, actual residency at the replacement site must be verified. �% The public entity will provide an advance payment, when necessary, in order to assist with the securing of replacement housing. No household will be displaced until a functional 'comparable" dwelling is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation personnel will inspect any replacement units to which referrals are made to verify that they meet all the standards of Decent, Safe, and Sanitary as defined in section 6008, subdivision (d) of the Guidelines. Eviction Policy The Commission recognizes that eviction is permissible only as a last resort. Eviction will only take place in cases of nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act in the unit, or if the household refuses all reasonable offers to move. Relocation records are kept to reflect the specific circumstances surrounding any eviction. Eviction will not affect the eligibility of a person legally entitled to relocation benefits. Appeals Policy The appeals policy adheres to the RCTC adopted policy, which follows the standards of 49 CFR, part 24, section 24.10. In it the displaced household has the right to ask for a review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. Projected Dates of Displacement Households will receive a 90-day written notice to vacate before they are required to move. These notices are expected to be issued on or about , 2009. Last Resort Housing According to the housing survey, the availability of comparable replacement housing is adequate. Whenever comparable replacement dwellings are not available, or are not available within the monetary limits of Government Code Section 7263 and 7264, the Commission must provide additional or alternative assistance. Estimated Relocation Costs The relocation estimate should not be interpreted as firm, "not to exceed," or actual Page 10 of 31 Epic Land Solutions, Inc " 117 " " " entitlement costs. The estimate is based on the data obtained through occupant interviews, current project scope, replacement site availability, and estimated moving costs. Total estimated relocation costs for this project: $ 584.200.00. Page 11 of 3 t Epic Land Solutions, Inc 118 EXHIBIT A GENERAL INFORMATION NOTICE Page 12 of31 Epic Land Solutions, Inc 119 " Epic Land Solutions, Inc. 3850 Vine Street, Suite 200 Riverside, CA 92507 Voice: 951-321-1800 RIVERSIDE COUNTY TRANSPORTATION COMMISSION STATE ROUTE 60 EAST JUNCTION HOV GENERAL INFORMATION NOTICE THIS NOTICE DOES NOT REQUIRE YOU TO MOVE AT THIS TIME IF YOU MOVE PRIOR TO RECEIVING A NOTICE OF ELIGIBILITY, YOU MAY NOT BE ELIGIBLE FOR RELOCATION BENEFITS Dear Property Occupant: The Riverside County Transportation Commission (Commission) is interested in acquiring the property you occupy on the 20980 Box Springs Road, Moreno Valley, California, for the State Route 60 East Junction HOV Lane Project. This notice is to inform you of your rights. If the Commission acquires the property and you are displaced by the proposed project, you may be eligible for relocation assistance. Displaced individuals, families, businesses, farms and nonprofit organizations may be eligible for relocation advisory services and payments provided by the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970," as amended, hereafter referred to as the Uniform Act. The following is information about available relocation services and payments. MOVING EXPENSES may be paid to those who are required to relocate from property acquired by the Commission. RESIDENTIAL OWNER -OCCUPANTS may be paid replacement housing payments, increased interest cost payments and some of the costs incidental to purchase of replacement homes if they have actually owned and occupied their homes for at least 180 days immediately before the Commission makes its first written offer to purchase their home. RESIDENTIAL OWNER -OCCUPANTS who have actually owned and occupied their homes for less than 180 days, but more than 90 days before the Commission makes it's first written offer to purchase the property, may be eligible for the same payments made to residential tenants described in the next paragraph. Page 13 of31 Epic Land Solutions, hrc 120 RESIDENTIAL TENANTS may be eligible for increased rental cost payments or a payment toward the purchase of their own home if they have actually occupied their dwelling for at least 90 days immediately before the Commission makes its first written offer to purchase that property. BUSINESSES, FARMS AND NONPROFIT ORGANIZATIONS may be eligible for various payments including reestablishment costs. WHEN PAYMENTS CAN BE MADE — No relocation payment can be made until the Commission has made a written offer to acquire the real property where the person lives or operates their business, farm or nonprofit organization, and the person has moved from the premises. Residential homeowners or tenants of dwelling units may receive relocation assistance payments only if they either purchase or rent and occupy a dwelling which meets the Commission standards as decent, safe, and sanitary. The Commission or relocation staff should be asked to inspect the replacement dwelling before you rent or buy it. RESIDENTIAL OWNER -OCCUPANTS of 180 days or longer must purchase and occupy a decent, safe and sanitary dwelling unit within one year of receiving final payment for the acquired property or had at least one comparable replacement property made available to them, whichever occurrence is later. RESIDENTIAL TENANTS must occupy a decent, safe and sanitary dwelling within one year after vacating the acquired property to receive a relocation assistance payment. No person who is lawfully occupying real property required for the project will be asked to move without first being given at least 90 days advance notice, in writing. No occupants of any type of dwellings, eligible for relocation payments, will be required to move unless adequate decent, safe and sanitary replacement housing, which is open to all persons regardless of race, color, religion, sex, or national origin, has been made available to them by the Commission or they have secured such housing for themselves. LEGAL RESIDENCY — Under federal law, residents not lawfully present in the United States are ineligible for relocation payments and assistance. Under California law, all displaced persons are entitled to benefits. Your relocation agent can advise you regarding the benefits to which you are entitled. APPEALS - The Uniform Act provides that a person may appeal to the head of the responsible Commission if the person believes that the Commission has failed to properly determine the person's eligibility or the amount of payment authorized by the Act. You have the right to be represented by legal counsel, but this is not required If you still believe a proper determination has not been made, you may seek judicial review. Page 14 of 31 Epic Land Solutions, Inc 121 " NONDISCRIMINATION  All services and/or benefits to be derived from any right of way activity will be administered without regard to race, color, national origin, or sex in compliance with Title VI of the 1964 Civil Rights Act. If you have any questions, please contact Epic Land Solutions, Inc. at (951) 321-1800. Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. If the Commission decides not to purchase the property, you will be notified in writing. Before you can receive relocation benefits or assistance, you will be required to certify that you and your family are either citizens or nationals of the United States, or aliens who are lawfully present in the United States. Sincerely, Received by: Date: Epic Land Solutions, Inc. Right -of -Way Relocation Consultant for the Riverside County Transportation Commission Page 15 of31 Epic Land Solutions, Inc er 122 EXHIBIT B RELOCATION BROCHURE - RESIDENTIAL (Relocation Assistance to Tenants Displaced From Their Homes) Page 16 of31 Epic Land Solutions, Inc • • 123 " Epic Land Solutions, Inc. 3850 Vine Street, Suite 200 Riverside, CA 92507 Voice: 951-321-1800 RELOCATION ASSISTANCE TO TENANTS DISPLACED FROM THEIR HOMES Introduction This booklet describes the relocation payments and other relocation assistance provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) to tenants displaced from their homes. This includes any family or individual that must move as a direct result of rehabilitation, demolition or acquisition for a project in which Federal or State funds are used. If you are notified that you will be displaced, it is important that you do not move before you leam what you must do to receive the relocation payments and other assistance to which you are entitled. This booklet may not answer all of your questions. If you have more questions about your relocation, contact the consultant for the Commission responsible for the project. Ask your questions before you move. Afterwards, it may be too late. Summary of Relocation Assistance As an eligible tenant displaced from your home, you will be offered the following advisory and financial assistance: Advisory Services. This includes referrals to comparable and suitable replacement homes, the inspection of replacement housing to ensure that it meets established standards, help in preparing claim forms for relocation payments and other assistance to minimize the impact of the move. Payment for Moving Expenses. You may choose either a: -- Payment for Your Actual Reasonable Moving and Related Expenses, or - - Fixed Moving Expense and Dislocation Allowance. Replacement Housing Assistance. To enable you to rent, or if you prefer, buy a comparable or suitable replacement home, you may choose either: - - Rental Assistance, or - - Purchase Assistance. If you disagree with the Commission's decision as to the relocation assistance for which you are eligible, you may appeal that decision. General Questions How Will I Know I Am Eligible For Relocation Assistance? You should receive a written notice explaining your eligibility for relocation assistance. You should not move before receiving that notice. If you do, you may not receive relocation assistance. Page 17 of31 Epic Land Solutions, Inc ter 124 How Will The Commission Know How Much Help 1 Need? You will be contacted at an early date and personally interviewed by a representative of the Commission to determine your relocation needs and preferences for replacement housing and advisory services. The interviewer will ask certain questions about you and other members of your household, including questions about your income. It is to your advantage to provide the information so that the Commission can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. How Soon Will 1 Have To Move? If possible, a mutually agreeable date for the move will be worked out. You will be given enough time to make plans for moving. Unless there is a health or safety emergency, you will not be required to move without at least 90 days advance written notice of (1) at least one "comparable replacement home" that is available to you and (2) the earliest date by which you must move. What Is A Comparable Replacement Home? A comparable replacement home is: o Decent, safe, and sanitary. o Functionally equivalent to (and equal or better than) your present home. o Actually available for you to rent. o Affordable. o Reasonably accessible to your place of employment. o Generally as well located with respect to public and commercial facilities, such as schools and shopping, as your present home. o Not subject to unreasonable adverse environmental conditions. o Available to all persons regardless of race, color, religion, sex, or national origin. What is Decent, Safe, and Sanitary Housing? Decent, safe, and sanitary housing is housing that: o Meets applicable housing and occupancy requirements. o Is structurally sound, weather tight, and in good repair. o Contains a safe, adequate electrical wiring system. o Has adequate living space for the occupants. o Has a kitchen with a sink, hot and cold running water, and connections for a stove and refrigerator (if you were displaced from a housekeeping unit). o Has a separate, complete bathroom with hot and cold running water. o Has heating as required by climatic conditions. o Has an unobstructed exit to safe, open space at ground level. o Meets standards protecting occupants from lead -based paint hazards. o If you are physically handicapped, is free of any barriers which would preclude your reasonable use of the unit. Will The Commission Help Me Find A Replacement Home? Yes. You will be provided with referrals to housing that has been inspected to ensure that it meets established standards. If possible, you will be referred to at least three comparable replacement homes. The maximum financial assistance for which you may qualify will be based on the cost of the most representative comparable replacement home that is available to you. Promptly after you become eligible for relocation assistance, the Commission's representative will inform you of such unit and the maximum payment available. Once the Commission representative has a clear understanding of your needs and preferences, he or she will work with you to assure that you are given the best possible choice of housing. The Commission s representative will offer you appropriate transportation to inspect these units. If you would like to move to government -owned housing or obtain a Section 8 "housing voucher" or "certificate," let the Commission representative know of your interest. Generally, an eligible displaced person receives preference Page 18 of 31 Epic Land Solutions, Inc` • 125 " for such long term housing assistance. You will be given assistance in completing any required application fomis. What If 1 Find My Own Replacement Housing? You have every right to find your own replacement housing. However, before you rent or buy, ask the Commission's representative to inspect the unit to make sure that it is decent, safe, and sanitary. If the housing unit is not decent, safe, and sanitary, you will not receive a replacement housing payment. What If I Encounter A Problem In Obtaining Housing Of My Choice? If you encounter a problem in buying or renting housing of your choice, notify the Commission's representative immediately. The Commission's representative will look into the matter and try to resolve it. You will receive this help whether you were referred to the housing unit or found it yourself. If you are unable to buy or rent a housing unit because of discriminatory practices on the part of a real estate broker, rental agent, lender, or a property owner, the Commission's representative will help you file a formal housing discrimination complaint with the U.S. Department of Housing and Urban Development or the appropriate State or local fair housing commission. What Other Services Will 1 Receive? In addition to help in obtaining a comparable replacement home, other assistance, as necessary, will be provided in order to minimize the impact of your move. This assistance may include referral to appropriate public and private agencies that provide services concerning housing financing, employment, health, welfare, or legal assistance. The range of services depends on the needs of the person being displaced. You should ask the Commission representative to tell you about the specific services that will be available to help you and your family. What Is a Payment For Actual Reasonable Moving and Related Expenses? You may choose to receive a relocation payment to cover the reasonable cost of your move. If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may include in your claim the reasonable and necessary costs for: o Transportation for you and your family. o Packing, moving and unpacking your household goods. o Disconnecting and reconnecting household appliances and other personal property (e.g., telephone and cable TV). o Storage of household goods, as may be necessary. o Insurance for the replacement value of your property during the move and necessary storage. o The replacement value of property lost, stolen or damaged in the move (but not through your neglect) if insurance is not reasonably available. The Commission's representative will explain all eligible moving costs, as well as those which are not eligible. You must be able to account for any costs that you incur, so keep all your receipts. Select your mover with care. The Commission's representative can help you select a reliable and reputable mover. You may elect to pay your moving costs yourself and be repaid by the Commission or, if you prefer, you may have the Commission pay the mover. In either case, let the Commission know before you move. What Is A Fixed Moving Expense And Dislocation Allowance? If you choose a Fixed Moving Expense and Dislocation Allowance, you will receive an allowance which is based on the number of rooms in your home or the number of rooms of furniture you will be moving, as shown on a schedule. The Commission's representative has a copy of the Page 19 of3l Epic Land Solutions, lnc +er 126 schedule and will help you decide whether choosing this allowance is in your best interest. If you do not have a large amount of personal property to move, this payment should be more advantageous. No special documentation is required to support your claim. You need only move your personal property and complete the appropriate claim form in order to receive your payment. How Much Rental Assistance Will I Receive? You may be eligible to receive Rental Assistance for a 42-month period. The assistance is computed in the following manner: The assistance needed for one month is determined by subtracting the "base monthly rent" for your present home from the cost of rent and utilities for your new home (or a comparable replacement home, if that cost is lower). That monthly need, if any, is multiplied by 42, to determine the total amount that you will receive. This amount will be paid directly to you. However, the Commission may elect to provide the assistance in monthly installments or other periodic payments. Generally, the base monthly rent for your present home is the lesser of: (1) the monthly rent and average monthly cost for utilities, or (2) thirty (30) percent of your average monthly gross household income. Examples: Let's say that the monthly rent and average cost for utilities for your present home are $250; the monthly rent and estimated average utility costs for a comparable replacement home are $350; and your monthly gross income is $700. In this case your "base monthly rent" would be $210 because that amount (30 percent of your income) is less than the monthly cost of rent and utilities at your present home ($250). — If you rent a replacement home for $360 per month, including estimated average monthly utility charges, you will receive $5,880. That amount is 42 times $140 (the difference between the "base monthly rent" for your present home ($210) and the cost for a comparable replacement home ($350)). -- If you rent a replacement home for $310, including estimated average monthly utility charges, you will receive $4,200. That amount is 42 times $100 (the difference between the "base monthly rent" for your present home ($210) and the actual cost of your new home ($310)). To qualify for rental assistance, you must rent and occupy a decent, safe, and sanitary home within one year after the date you move. However, the Commission will extend this period for good cause. If I Decide to Buy, Rather Than Rent, How Much Assistance Will 1 Receive? If you buy a replacement home, you may be eligible for assistance to make a down payment equal to the amount you would receive if you rented a comparable replacement home (i.e., 42 times the amount obtained by subtracting the "base monthly rent" for your present home from the monthly rent and estimated average monthly utility costs for a comparable replacement home). A down payment assistance payment will be paid in a lump sum. Example: Assuming the information in the prior examples, the down payment assistance payment would be $5,880. That amount is 42 times $140 (the difference between the "base monthly rent" for your present home ($210) and the monthly rent and estimated average monthly utilities cost for a comparable replacement home ($350). The full amount of the payment must be applied to the purchase of the replacement dwelling. Must 1 File A Claim To Obtain A Relocation Payment? Page 20 of 31 Epic Land Solutions, Inc 127 Yes. You must file a claim for each relocation payment. The Commission's consultant will, however, provide you with the required claim form, help you to complete it, and explain the type of documentation, if any, that you must submit in order to receive the payment. If you must pay any relocation expenses before you move (e.g., a security deposit when you sign a lease for your new home), discuss your financial needs with the Commission's consultant. You should be able to obtain an advance payment to meet these costs. An advance payment may be placed in "escrow" or paid directly to a contractor to ensure that the move will be completed on a timely basis. You must file your claim within 18 months after the date you move. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, ask the Commission to extend this period. Be careful not to confuse this 18-month period with the 12-month period within which you must rent (or buy) and occupy a replacement dwelling in order to be eligible for a replacement housing payment. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to resolve the matter. Will I Have To Pay Rent To The Commission Before I Move? If the Commission acquires the property in which you live, you may be required to pay a fair rent to the Commission for the period between the acquisition of the property and the date that you move. Such rent will not exceed the market rent for comparable properties in the area. Do I Have To Pay Federal Income Taxes On My Relocation Payments? Generally No. Section 216 of the URA states that you need not report relocation payments as part of your gross income for Federal tax purposes. For information on State or local income taxes, you should check with the State or local income tax office in your area or with your personal tax advisor. Please consult your tax advisor for specific advice on filing relocation payments, as they relate to your individual situation. What If I Don't Receive The Required Assistance? Can I Appeal? If you disagree with the Commission's decision as to your right to relocation assistance or the amount of a payment, or the adequacy of the housing to which you have been referred, you may appeal the decision to the Commission. The Commission will inform you of its appeal procedures. At a minimum, you will have 60 days to file your appeal with the Commission after you receive written notification of the Commission's determination on your claim. Your appeal must be in writing. However, if you need help, the Commission will assist you in preparing your appeal. If you are a low- or moderate -income person and are dissatisfied with the Commission's determination on your appeal, you may have an additional right to request administrative review of that decision (e.g., by HUD or the State). You can expect a fair decision on any appeal. However, if you are not satisfied with the final administrative decision on your appeal, you may seek review of the matter by the courts. I Have More Questions. Who Will Answer Them? If you have further questions after reading this booklet, contact the Commission's consultant and discuss your concerns. Page 21 of31 Epic Land Solutions, Inc 41 128 EXHIBIT C NOTICE OF ELIGIBILITY FOR RELOCATION ASSISTANCE Page 22 of 31 Epic Land Solutions, Inc • 129 " Epic Land Solutions, Inc. 3850 Vine Street, Suite 200 Riverside, CA 92507 Voice: 951-321-1800 RELOCATION ELIGIBILITY AND CONDITIONAL ENTITLEMENT LETTER FOR RESIDENTIAL TENANT Date Name Address City, State Zip Dear Tenant, This is a Notice of Eligibility for Relocation Assistance. As discussed with you, it will be necessary for you to move as the property you occupy is being acquired by the Commission. As discussed with you, when you do move, you will be entitled to relocation payments and other assistance in accordance with The Federal Uniform Relocation Assistance and Real Properties and Acquisition Policies Act of 1970, as amended. The effective date of this notice is . You are now eligible for relocation assistance. You are now eligible for relocation assistance including: Payment for Moving Expenses: You may choose either (1) a payment for your actual reasonable moving and related expenses, (up to 50 miles from your current residence), or (2) if you prefer, a fixed moving expense and dislocation allowance of $_ for _ rooms; Replacement Housing Payment: You may be eligible for a replacement housing payment to rent or buy a replacement home. The payment is based on several factors, including the cost of a "comparable replacement home, " the monthly rent and average cost of utility service for your present home (if applicable), and thirty percent (30%) of your average gross household income. Attached are several comparable replacement units that you may wish to consider. A Schedule method was used in determining comparable replacement rents based on a current analysis of the housing market. In accordance to this analysis, comparable units are available at a cost of $ . Based on the information you provided to us, including your current rent, income information, and the scheduled rent as described above, your estimated rental assistance payment calculation is as follows: 1 Current Rent + Utility allowance ($ ) $ 2 Current Total Gross Monthly Household Income* $ 3 Ability -To -Pay Rent (30% of Line 2) $ 4 Rent for Comparable($797.) Replacement Dwelling + Utility allowance ($) $ 5 Lower of Current Rent OR Ability -To -Pay $ 6 Monthly Rental Need (Line 4 minus Line 5) $ Page 23 of 31 Epic Land Solutions, Inc 130 7 Estimated Total 42 Months Eligibility (Line 6 times 42) $ 8 Estimated Benefit Adjustment per Occupant (Line 7 = Total Occupants) $ 9 Adjusted Estimated Benefit for Eligible Occupants (if applicable)** (Line 8 x Eligible Occupants) $ *Failure to supply adequate income information may result in a rent -to -rent calculation **Based on your signed Certification of Lawful Presence form Rental assistance benefits are paid in a single payment or in installments, depending on the payment amount. If you BUY replacement housing, you may file a claim for. DOWNPAYMENT ASSISTANCE. You may use the full amount of your rental assistance payment for a down payment and incidental purchase expenses on a replacement dwelling. All amounts used as a down payment and incidental expenses must be applied to the purchase of the replacement dwelling. If you have received any amount as rental supplements, then those amounts will be deducted from all eligible down payment calculations. You do not have to accept any dwelling referred to you by Epic. You may choose your own replacement, but it must be decent, safe and sanitary to qualify for a payment. DO NOT MOVE from your home and DO NOT CONTRACT to rent or purchase a replacement dwelling without first contacting your relocation consultant. If you remain in occupancy of your present dwelling after the County has completed the purchase, you must pay fair market rent to the County for the period of your tenancy. Failure to pay rent may reduce the replacement housing payment which you are eligible to receive. The Relocation Assistance Program is very complex. It is important that you read and understand the matters explained in the Informational Statement which was given to you. For further assistance, please contact of Epic Land Solutions, Inc., 3850 Vine Street, Suite 200, Riverside, CA 92501, Tel. 951-321 1800. Before you can receive relocation benefits or assistance, you will be required to certify that you and your family are either citizens or nationals of the United States, or aliens who are lawfully present in the United States. Sincerely, Epic Land Solutions, Inc. Received by: Relocation Consultant for Date: Riverside County Transportation Commission Page 24 of 31 Epic Land Solutions, Inc 131 EXHIBIT D RESIDENTIAL OCCUPANT INTERVIEW FORM Page 25 of 31 Epic Land Solutions, lnc 132 Site Move -In: Initiation of Negotiations: Interview Date: Interviewer: Head of Household: Address: Work # Email Cell # Social Security Number. Displacement Telephone # Fax # Dwelling Type Approx. Sq.Ft. Approximate Age of Unit: yrs. # Bedrooms # Bathrooms # Rooms _Laundry Fac._ Garage _ Carport. _ Pets: If so, describe Condition of unit : Excellent Good Fair Poor Mobile Home: Size: _ ft x ft Year. Model: Pad Rent: $ Occupancy Status: Own Home business? Yes Description _ Rent No Owners: Mortgage Own Clear Monthly Payment: Principal $ Loan Balance(s) as of Loan Type #1: _Fixed Variable Annual % Rate Loan Type #2: Fixed Variable Annual % Rate Original Date(s) of Current Loan(s) : Rem. Loan Term #1: Months Rem. Loan Term #2: Months ETHNICITY: _ White _Asian _ Hispanic/Latino African American Other PRIMARY LANGUAGE: _ English _ Spanish Other: SPECIALIZED NEEDS: _ Elderly Household _ Handicapped Household: Describe: Need Wheelchair Access? Yes _ No Own Car? _ Yes _ No _ Need access to public transportation? Describe mode: Need to live near medical facilities? Describe location: Renters: Total Monthly Rent:$ Landlord Written Agreement Date _ M/M _ Lease _ Vacant/No Contact Unit Furnished Unit Unfurnished Security Deposit? $ Other Special needs or services requested: Describe: Do you rent out any rooms in the dwelling? Yes No If so, names: If so, is person or persons considered part of household? Yes No Page 26 of 31 Gas: _ Tenant _ Owner Electricity: _ Tenant _ Owner Water: _ Tenant _ Owner Trash: Tenant Owner Appliances Owned by Tenant: Stove _Refrigerator _W/D _ Other Did all occupants move in at the same time? Yes _ No Please explain: Are all occupants planning to move at the same time, and to the same replacement dwelling? _ Yes _ No Please explain: • See Below — Also refer to Income Certification in file. 1) Have all income earners been at their current job(s) for at least one year? 2) Are any income earners currently on unemployment, disability, SSI, AFDC or are cash earners? Other Public Assistance (ask for Entitlement Letter): Epic Land Solutions, Inc 133 If Sect.8, Total Tenant Rent. $ Casewor(er. Telephone #: 1) M F 3) Have all sources of income been disclosed? 2) M F 3) M F 4) M F 5) M F 6) M F 7) M F NOTES: Respondent: Date: Page 27 of 31 Epic Land Solutions, Inc 134 EXHIBIT E 90-DAY INFORMATION NOTICE - RESIDENTIAL OCCUPANT Page 28 of 31 Epic Land Solutions, Inc 135 Epic Land Solutions, Inc. 3850 Vine Street, Suite 200 Riverside, CA 92507 Voice: 951-321-1800 Fax: 951-321-1836 90-DAY INFORMATION NOTICE - RESIDENTIAL OCCUPANT Date Name Address Dear (Commission) will soon require the property where you are living for (project name). It will not be necessary for you to vacate immediately. You will have at least 60 days after you receive this notice before we will serve a formal "30-Day Specific Notice." This letter is being given so you will have ample time to find a new place to live. It may be more than 60 days before the 30-Day Specific Notice is issued to you, but any such notice will contain a specific date on which the (Commission) will have control of the property you now occupy. If you have any questions, please contact me at the above phone number. Relocation Consultant ACKNOWLEDGMENT I was personally contacted by the above agent for the Commission and was provided with the original of this Notice. I was further advised the Commission Relocation Assistance Program is available to assist me if any questions arise or as assistance is needed. DATE: DISPLACEE: Page 29 of 31 Epic Land Solutions, Inc 136 EXHIBIT F 30-DAY NOTICE TO VACATE - RESIDENTIAL OCCUPANT Page 30 of 31 Epic Land Solutions, lnc 137 " Epic Land Solutions, Inc.le 3850 Vine Street, Suite 200 Riverside, CA 92507 Voice: 951-321-1800 30-DAY NOTICE TO VACATE  RESIDENTIAL OCCUPANT Date Name Address City, State Zip Dear The Riverside County Transportation Commission has acquired title to the property located at Address , CA on Date . The Commission has now determined that it will be necessary for you to vacate the premises. Notice is hereby given that the Commission elects to terminate your tenancy in thirty (30) days beginning and ending . You are hereby to quit and deliver up possession of the property you occupy on or before . If you do not vacate the premises by that date, the Commission will initiate legal proceedings to recover possession of the premises, along with rents and damages. During this 30-Day period, Epic Land Solutions, Inc., will be available to provide assistance with referrals to replacement sites, coordination with movers and other vendors, the processing of relocation benefit claim forms, and other tasks to help facilitate your relocation. Please contact me at the above number if you have any questions regarding this notice or the relocation process. Sincerely, Epic Land Solutions, INC. Relocation Consultant for Riverside County Transportation Commission ACKNOWLEDGMENT I was personally contacted by the above agent for the Riverside County Transportation Commission and was provided with the original of this Notice. I was further advised the Commission Relocation Assistance Program is available to assist me if any questions arise or as assistance is needed. DATE: DISPLACEE: Page 31 of 31 Epic Land Solutions, Inc 138 - Relocation Impact and Replacement Resources Assessment of Needs Personal interviews were conducted to obtain information for the preparation of this Relocation Plan. The table below reflects the family composition and relocation needs of the fifteen (15) displacements. ArgirAss.:::-, W9Set. :: '-,, .:--:48-iiiini0146AFt;' .,,, - 4.--Nty04,..:4,1,... - ' -,v .- 'i- , '1-1::, 4,4il' .,,P- 3:Z:'":'-' 7a.'''-$Y`ii4i--:-; -,...,„:.: `-!--elitildreir-- t. - , ,:,,,,,-,i.,...,";1 •i.,.',:4;::•4-.':''''''%ifi,,, - AtILV, ' --•:- ".'',,`',-irn- ,,,, - ' - Ni41*-7: ..7: =,;-; "7.:: , e 7 " ----i '' --. ,3','.:.. ' i'.--- ‘-'-....'4- - ' „C., (iviibpiti; •-,,,,q-,A0,'Ytif,j._,'<.:-.,44 ' ''' FL ' - - ,:k ..,_ . -srei--4 — li-,-,q, r '";-- ' . , 'IA* ia 44: -, eed :',4.?.- f'ff, f.' 5 '''& Unit #1 Tenant Unit #2 Tenant / Unit #3 Tenant / Unit #4 Tenant Unit #5 Tenant / Unit #6 Tenant 4 Unit #7 . Tenan Unit #8 Tenant / unit #9 Tenant/ ...; Unit #10 Tenant Unit #11 Tenant Unit #12 Tenant Unit #n Tenant / Unit #14 Tenant Unit #16 Tenant / Census Demographics an Language Alnformation Language is an integral component in a relocation program. With differing languages, the relocation process becomes considerably challenging. Relocation laws, policies and procedures are complex and can be difficult to explain, so it is important for a relocation advisor to make necessary provisions to communicate effectively with the project occupants. The fifteen households interviewed identified English as their primary language. In the event other prirnary languages were identified, efforts would have been made to accommodate the project occupant's language needs during the relocation process. Age The following table summarized the age distribution of the residents in the project area. Page 5 of 31 Epic Land Solutions, Inc 1 112 x._h x�F 'S+>?.m'�E M`p•� 0 to 9Years 9 10 to 17 Years 18 to 30 Years / D 31 to 45 Years 6.-- 46 to 65 Years ,-4- Over 65 Years / Unknown Residential Relocation Area Preferences and Needs In summary; the replacement housing resources needed for the affected displacements, within the proposed project area, are 4 studios and 11 one bedroom single family residences. The fifteen (15) households interviewed indicated the importance of remaining in the vicinity of the County of. Riverside, due to the proximity of their respective employment, school district, and medical facilities. Replacement Housing Resources A replacement housing resource survey was made during the month of 2009. The survey focused on locating available housing for each of the affected residential occupants while confirming all met the decent, safe, and sanitary requirement. The comparable replacement properties are situated in similar neighborhoods within close proximity to the project area. This market study determined an adequate number of available replacement units replicating the displacement properties within the City of Moreno Valley and/or County of Riverside. Functional comparability includes the required minimum number of rooms to include bedroom and bathrooms with adequate habitable living space for each household. Resource Survey Results A summary of the resource survey is given below and shows the number of available comparable decent, safe, and sanitary units. These units are of adequate size and contain the required number of bedrooms for each household and the' onthly rental rates. Available Two and Three 60 East Junction V 13 room Rental Units in e cin, as of January 13, 2009 $ 750.00 - $900.00 1 $ 901.00 - 1,100.00 f 5 $ 1101.00 - 1300.00 \ 5 i Page 6 of 31 Epic Land Solutions, Inc 113 Age Number of People 0 to 9 Years 10 to 17 Years 18 to 30 Years 31 to 45 Years 46 to 65 Years Over 65 Years Unknown Residential Relocation Area Preferences and Needs In summary, the replacement housing resources needed for the affected displacements, within the proposed project area, are 4 studios and 11 one bedroom single family residences. The fifteen (15) households interviewed indicated the importance of remaining in the vicinity of the County of Riverside, due to the proximity of their respective employment, school district, and medical facilities. Replacement Housing Resources A replacement housing resource survey was made during: the month of 2009. The survey focused on locating available housing for each of the affected residential occupants while confirming. all met the decent, safe, and sanitary requirement. The comparable replacement properties are situated in similar neighborhoods within close proximity to the project area. This market study determined an adequate number of available replacement units replicating the displacement properties within the City of Moreno Valley and/or County of. Riverside. Functional comparability includes the required minimum number of rooms to include bedroom and bathrooms with adequate habitable living space for each household. Resource Survey Results A summary of the resource survey is given below and shows the number of available comparable decent, safe, and sanitary units. These units are of adequate size and contain the required number of bedrooms for each household and their monthly, rental rates. �uathabie'Two glictiThree B6d roo [if Rentat Units fn the „441109n V..tclnht* Qf January 2999 ' .K <' :G4itntP '�' _4.� as � ,yam-�y�y ._. --�`'� r a A:.a`r"-:�.iAiL�7iriY-.a G $ 750.00 - $900.00 ,h--v. 1 M<� $ 901.00-1,100.00 5 $ 1101.00 - 1300.00 5 Page 6 of 31 Epic Land Solutions, Inc Of " Unless otherwise instructed by the Commission, relocation staff will not deliver final payments until the project area premises of the claimant have been completely vacated. Before issuance of final payments, actual residency at the replacement site must be verified. " The public entity will provide an advance payment, when necessary, in order to assist with the securing of replacement housing. No household will be displaced until a functional "comparable" dwelling is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation personnel will inspect any replacement units to which referrals are made to verify that they meet all the standards of Decent, Safe, and Sanitary as defined in section 6008, subdivision (d) of the Guidelines. Eviction Policy The Commission recognizes that eviction is permissible only as a last resort. Eviction will only take place in cases of nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act in the unit, or if the household refuses all reasonable offers to move. Relocation records are kept to reflect the specific circumstances surrounding any eviction. Eviction will not affect the eligibility of a person legally entitled to relocation benefits. Appeals Policy The appeals policy follows the standards described in section 6150 et seq. of the Guidelines. In it the displaced household has the right to ask for a review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. Projected Dates of Displacement Households will receive a 90-day written notice to vacate before they are required to move. These notices are expected to be issued on or about MAMA , 2009. Last Resort Housing According to the housing survey, the availability of comparable replacement housing is adequate. Whenever comparable replacement dwellings are not available, or are not available within the monetary limits of Government Code Section 7263 and 7264, the Commission must provide additional or alternative assistance. Estimated Relocation Costs The relocation estimate should not be interpreted as firm, "not to exceed," or actual Page 10 of 31 Epic Land Solutions, Inc if " RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Plans and Programs Committee Henry Nickel, Staff Analyst Sheldon Peterson, Rail Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Commuter Rail Program Update PLANS AND PROGRAMS COMMITTEE AND 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 Q2 & Q3 FY 08/09 IEOC Weekend Passenger Trips 2000 T 1600 - 1200 - 800 - 400 - p +trtr o��' o�� 0`6 0�� o�� A`6 A�� A�� A�� o2 o4 p4 `) 66 66 66 00 06 06 Off' 06 ��4� ��o�� ��o�� \o, ��o�� oc ��d o c,5) ao ac ac a�� ono 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 third quarter, providing 2,453 passenger trips quarter to date. This is an increase of 1.07% over the 2,427 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 8G 139 Riverside Line Passenger Trips Riverside Line 6,000 5,600 UJ a 5,200 r_ H 0 4,800 4t 4,400 4,000 00 et. �et. �cg) o� �p0 0� d" o� A0 0 ��n �o° �`a PQ 4., ,J� ,o PJ� gel°% oo c,� O� •s0Y Month Daily weekday passenger trips on Metrolink's Riverside Line for the month of January averaged 5,366, an increase of 262, 5% more than the month of December. Compared to one year prior, the line averaged an overall daily increase of 183 passenger trips. This is nearly 4% more than a year ago. 100 95 co 90 y 85 m 80 a 75 70 On Time Performance (95% Goal) Riverside Line ocb o`b o� o§' Qo 00 Q12`o 4\4' PJ� des 64 c, O6f pe Month January on -time performance averaged 99% inbound (1 % more than December) and 97% outbound (2% more than December). There were five delays greater than five minutes during the month of January. The following are primary causes: Signals/Track/MOW Dispatching Mechanical Operations Agenda Item 8G 140 " Inland Empire -Orange County Line Passenger Trips Inland Empire Orange County Line 6,000 5,600 uo 5,200 F 5 4,800 4,400 4,000 a�pcb 0 4. Q`Oa v��A�� ,OAO ,J\00 JA00 e��00 Gtd, o pc?)GA4 Oo' Month Daily weekday passenger trips on Metrolink's IEOC Line for the month of January averaged 4,405, a increase of 160, 4% more than the month of December. Compared to one year prior, the line averaged an overall daily decrease of 462 passenger trips. This is nearly 9% less than a year ago. On Time Performance (95% Goal) Inland Empire Orange County Line 100 y 95 A 90 Y m 85 80 a- 75 70 Otb 00 00 09) 00 Oct) 09) 00 00 09) 00 00 m� - a��c " c5 0e' a�� o�� c 0 �� O10 )a Month January on -time performance averaged 96% inbound (1 % more than December) and 95% outbound (4% more than December). There were nine delays greater than five minutes during the month of January. The following are primary causes: Agenda Item 8G Signals/Track/MOW 6 40% Dispatching 4 27% Mechanical 1 6% Operations 4 27% TOTALLY,., 141 91 Line 2,800 2,600 N • 2,400 H c 2,200 2,000 1,800 Passenger Trips 91 Line ir''■ 00 046 09° oo Ao 5§7' Acb 00 00 0�' A`b Ab °j lea �0 ,`�� �J Q`54 GP p°P 04 p°G �a� Month Daily weekday passenger trips on Metrolink's 91 Line for the month of January averaged 2,240, a increase of 50, 2% more than the month of December. Compared to one year prior, the line averaged an overall daily decrease of 10 passenger trips. No significant change from a year ago. On Time Performance (95% Goal) 91 Line 100 to 9 m 85 • 80 a 75 70 , T Ab o4) Q% o`23 sp o° o0 00 00 0o 03 0o' ao � { • c.sY , a A)A e4.-QQve �Js Q..Secr o0,-abp,Month January on -time performance averaged 95% inbound (no change from December) and 96% outbound (no change from December). 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'.^.... . � W llAtiyjp �yOlVetptitrl1 f"y t y, v-jx �� Ys ,yV� . SHINOW £L 1831y1 au111 palnpayog;o so nuiW g ut4alM tholny sine.uo aBewaaiad 331A1A3S AVa>133M - Ativwvons 33Nal3HaV 311103HaS >thnio 113W • • " " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Plans and Programs Committee Robert Yates, Multimodal Services Director THROUGH: Anne Mayer, Executive Director SUBJECT: Short Range Transit Plan Budget and Revenue Estimate PLANS AND PROGRAMS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the preliminary revenue estimate for the Short Range Transit Plan (SRTP) budget process. BACKGROUND INFORMATION: The month of February traditionally signals the start of the budgeting process for the Commission's public transit operators. These budgets are reflected in what is known as a SRTP for each public operator. The SRTP process breaks down the funding by source for each operator and defines the nature and extent of the service to be provided. DISCUSSION: On February 4, 2009, staff conducted the kick-off meeting for the FY 2009/10 SRTP budget process. During that meeting, staff provided a revenue estimate, which detailed the funds currently known to be available for transit operations and capital. With the state and federal budget process at a standstill, staff provided the operators with a very conservative estimate of the available revenue for the next fiscal year for both operations and capital projects. Highlights of some of the economic impact on revenues are as follows: " Federal 5307 funds are currently provided to the Commission via a continuing resolution, but only in the amount of 43% of the original commitment. " The Measure A mid -year revenue revision approved by the Commission in January resulted in a decrease of projected Measure A revenues from $135 million to $126 million for FY 2008/09. The SRTP revenue estimate provided to the operators indicated Measure A to be flat for FY 2009/10 at $126 million. Agenda Item 8H 146 " The Local Transportation Fund (LTF) mid -year revenue revision was also approved by the Commission in January and resulted in a decline in revenue for the current FY 2008/09 from $67 million to $60 million. The SRTP revenue estimate provided to the operators indicated that LTF would also be flat for FY 2009/10, at $60 million. " State Transit Assistance and Prop1 B bond funds were projected to be at zero in the SRTP revenue estimate. This is a direct result of the state budget crisis with both programs currently in a state of suspension. Given the nature of the current economic climate, it is safe to say that the revenue estimate provided to the operators was a very dire piece of information. This information however, should not come as news. Back in November 2004 and again in July 2005, staff presented to the Commission various scenarios, wherein operating costs would eventually outstrip available revenues. The current economic environment served to move up the date as to when this occurrence would become reality. The Commission previously adopted a reserve policy in January 2005. This policy intended that a 10% set aside would be established in order to deal with unforeseen economic conditions and that certain guidelines would need to be met in order for it to be accessed. The SRTP revenue estimate provided to the operators excluded the 10% reserve in order to preserve a buffer in the case that revenues continue to decline. Any operator wishing to access the reserve for FY 2009/10 must by policy, file a request to amend its SRTP document and that request would be reviewed by staff and forwarded to the Commission for action. Lastly, while unallocated carryover fund balances exist, staff is recommending prudence in how they are accessed and utilized. Given that the Commission finds itself in a declining revenue environment, it will only be a matter of time before the carryover balances are completely exhausted thus setting up an environment where very difficult choices will need to be made. Staff has informed the operators that should the operators wish to access the carryover balances and deficit spend las compared to available revenue), that these plans would be presented to the Commission for action. This is consistent with the reserve policy identified above. SRTP kick off was moved up by two weeks in order to allow both Commission staff and the operators more time to deal with a constantly changing funding environment. Staff expects that as the state and federal budgetary processes become clearer, that additional guidance on available revenue will be provided to the operators. Agenda Item 8H " " 147 " Currently, the operators are expected to present initial drafts of their SRTP document to staff on March 13, 2009. At that point, staff will begin the review process and will work closely with the operators to refine their budgets. SRTP's for all operators will be presented to the Commission in July for final approval. Attachments: 1) FY 2009/10 SRTP Revenue Estimate 2} Estimated Fund Balances by Apportionment Area Agenda Item 8H 148 RIVERSIDE COUNTY TRANSPORTATION COMMISSION FY 2009/10 REVENUE ESTIMATES FOR TRANSIT Date Prepared: 2/1/09 Date Revised: ATTACHMENT Page 1 REVISIONS TO PLANNING ESTIMATES ESTIMATES ARE FOR PLANNING PURPOSES ONLY - SUBJECT TO CHANGE BASED ON AVAILABILITY OF FUNDING. STATE S LOCAL FUNDS e ',?ni& iAo , I- I.¢CAL' TREiNSPORTA%�O14:014 y$- i-IJ �' " ,, Total Western County Coachella Valley Palo Verde Valley Anors,o.ou Nolo FY 2009/10 Estimated Apportionments(aasemoupomme 1 Bus Services: 78% Rail Services: 22% $ 50,562,943 $ 38,971,723 30,397,944 8,573,779 $ 10,881,971 $ 709,249 1A Allocation of Transit Reserves 11 STATE ;TRANSIT4AFSSa4TMi?' UNti St (?UO993$3 :3i§0•} tG"�`a�� .': ems_ _ $ 5,618,104 Banning Beaumont Corona Riverside RTA RCTC's Commuter Rail Total § 4,330,191 80,112 75,634 119,541 198,652 2,903,723 952,674 Westem County $ 1,209,108 Coachella Valley $ 78,805 Palo Verde Valley 1B we.Hu. FY 2009/10 Estimated Apportionments (based on population estimates from DOF) Bus Services: 78% Rail Services: 22% $ - $ • - $ - $ • No current release of STA estimate for FY 09110. STATE TRANSIT ASSI$TANCE-FONDS (STA) (PUC 993 3 - NOR - iSGratOnary) Total Westem County Coachella Valley Palo Verde Valley Am4nn.m Note FY 2009/10 Estimates (based on operator revenues from Annual Report) TOTAL: Banning Beaumont Corona Riverside RTA RCTC's Commuter Rail $ - - No current release of STA estimate for FY 09/10 III. MEASURE A FUNDS Total Y Western County Coachella Valley Palo Verde Valley ~twos... Now FY 2009/10 Estimated Apportionments FY 2008/09 Mid -Year Adjustment $ 4,408,000 (TBD) NIA $ 4.408.000 N/A N/A Ct C2 TOTAL: $ 4,408,000 NM $ 4,408,000 N/A IV. PROP 1 B / PTMISEA (Currently Suspended) Total Western County Coachella Valley Palo Verde Valley A..... Nato Prop 113 - Capital FY 08/09 Estimated Apportionments Bus Services: 78% Rail Services: 22% $ - $ - $ - $ _ $ - Prop 113- Security FY 08/9 Estimated Apportionments Bus Services: 78% Rail Services: 22% 5 - - _ _ - - TOTAL: b - $ - $ - $ - - Population Source: California Department of Finance Demographic Research Unit 11/1/08) Area Population Population % Western Riverside Coachella Valley Palo Verde Valley 1,609,588 77.08% 449,441 21 S25L 29,293 1.40% Total 2,088,322 .) ]OH.00°/ RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSIT: REVENUE ESTIMATES FOR FY 2009/10 FEDERAL FUNDS 2/2/09: Amounts shown below represent 43% of Sec 5307 FY 09/10 funding estimates. Estimated tarty over from FY 08/09 will be updated when total funding bewrnes available. Page 2 I. FEDERAL SECTION 5307 - RIVERSIDE/SAN BERNARDINO UZA - BUS SERVICE Palo Verde Mocha ow Total Western County Coachella Valley Valley Net. FY2009/ 10 Estimated Federal Capital Assistance - Bus $ 3,672,958 $ 3,672,958 WA N/A Estimated Carry Over (FY 2008/09) S or TOTAL: $ 3,672,958 $ 3,672,958 NOTE: Section 5307 Funds to be updated based on SCAG & SCRRA's split analysis for rail and bus. II. FEDERAL SECTION 5307 - RIVERSIDE/SAN BERNARDINO UZA - RAIL Total Western County Coachella Valley Palo Verde Valley """ ow ow N FY 2009/10 Est. for Federal Capital Assistance -Rail Estimated Carry Over (FY 2008/09) $ 2,181,606 .. $ 2,181.606 .. . WA Coachella Valley NIA Palo Verde Valley to Attachment Nets TOTAL: III. FEDERAL SECTION 5307-TEMECULA- MURRIETA $ 2,181,606 Total $ 2,181,606 Western County FY 2009/10 Estimated for Federal Capital Assistance Estimated Carry Over (FY 2008109) 1,237,730 $ 1,237,730 WA - Coachella Valley N/A Palo Verde Valley O3 Mettleeerr Nerve TOTAL: IV. FEDERAL SECTION 5307 - INDIO - CATHEDRAL CITY - PALM SPRINGS $ 1,237,730 Total $ 1,237,730 Western County FY 2009110 Estimated for Federal Capital Assistance Estimated Carry Over (FY 2008/09) S 1,435,169 - $ N/A $ 1,435,169 - N/A Palo Verde Valley „,,,,,,s tier TOTAL: V. FEDERAL SECTION 5307 - HEMET/SAN JACINTO UZA $ 1,435,169 Total Weslem County $ 1,435,169 Coachella Valley FY 2009/10 Estimated for Federal Capital Assistance 'Population under 200,000 Estimated Carry Over (FY 2008/09) $ 763,156 - $ 763,156 - WA Coachella Valley N/A Palo Verde Valley es - { Ameheeeu Nee TOTAL: i VI. FEDERAL SECTION 5309 FIXED GUIDE WAY MODERNIZATION $ 763,156 Total $ 763,156 Western County FY 2009/10 Estimated Federal Assistance - Rail Estimated Carry Over (FY 2008/09) $ - - N/A N/A es TOTAL: $ - $ - NOTE: Estimated Carry Over based on SCRRA's spreadsheet Sec 5309 FY 09110 allocation based on Fed Register. VII. FEDERAL SECTION 5311 Total Western County Coachella Valley Palo Verde (61.7%) (38.3%) Valley Attachment! Mete _ FY 2009110 Estimated Federal Assistance Estimated Carry Over (FY 2008/09) $ 755,213 $ 465,966 $ 289,247 N/A TOTAL: $ 755,213 $ 465,966 $ 289,247 D7 150 ATTACHMENT • A ESTIMATED FUND BALANCES (RESERVE) BY APPORTIONMENT AREA LTF, STA & MEASURE A Revised February 23, 2009 Western Riverside Coachella Valley Palo Verde Valley Total Bus Rail LTF FY 07/08 Operating Carryover as of 6130/08 (Apportioned/Unallocated/Available) a 25,157,466 16,418,417 2,831,124 253,733 44,660,740 Estimated LTF FY 08/09 Apportionment (revised 12/08) b 35,193,720 LTF FY 08/09 SRTP Requests c 34,529,041 25,822,145 Estimated Fund Balance (a+b-c) 9,926,434 9,296,100 17,048,751 12,495,644 12,823,846 2,502,922 901,277 834,999 320,011 58,517,075 57,483,986 45,693,829 STA FY 07/08 Carryover as of 6/30/08 (Apportioned/Unallocated/Available) d 9,778,623 5,614,589 4,547,274 ' 60,374 20,000,860 • Estimated STA FY O8/09 Allocation per February 2009 State Budget Revision a 2,789,602 C STA FY 08/09 SRTP Requests Estimated Fund Balance (d+e-f) f 5,963,913 6,604,312 929,307 1,106,420 66,654 4,891,982 2,031,004 8,358,977 591,198 16,945,092 4,512,892 (2,705,283) (464,171) 7,947,750 MEASURE A Carryover as of 6130/08 10,370,660 Amount to be Used for FY 08/09 Specialized Transit funding RTA FY O6 JARC/NF Local Match Estimated Fund Balance 1,716,844 281,168 8,372,648 SunLine's original FY 07/08 carryover increased by $4,020,564 after SunLine projects from STA to Prop 1 B funding. Reduced SunLine's FY 08/09 STA request by $238,000 after notification that Note: Due to negative fund balance resulting from STA shortfall, SunLine will requests for FY 08/09. moved funding for bus replacement & ITS equipment CMAQ project using STA match will not be funded. amend its FY O8/09 SRTP to modify & reduce capital 151 " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Plans and Programs Committee Robert Yates, Multimodal Services Director THROUGH: Anne Mayer, Executive Director SUBJECT: Local Match Contribution for Signal Synchronization Project Applications to the Mobile Source Reduction Review Committee Call for Projects PLANS AND PROGRAMS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve a contribution in the amount of $50,000 of 1989 Measure A Commuter Assistance reserves for a joint project application by the cities of Corona, Moreno Valley, and Riverside for signal synchronization. BACKGROUND INFORMATION: The cities of Corona, Moreno Valley, and Riverside have collectively self -financed approximately $22 million of arterial street signal synchronization projects and now desire to leverage this investment by installing a more complex interconnected traffic signal synchronization system. This interconnected system will allow the cities to work cooperatively and synchronize traffic signals on major arterial streets across all three jurisdictions. Synchronized signal systems have been proven to make the operation of signals more efficient, which in turn allows for more efficient use of the roadway capacity, a decrease in travel times and a decrease in harmful vehicle originated pollutants. DISCUSSION: In February 2009, the Mobile Source Reduction Review Committee opened a call for projects for its Local Government Match program, which includes Intelligent Transportation Systems infrastructure and signal synchronization projects. The cities have indicated an interest in being able to compete for these funds and are requesting the Commission's assistance in providing part of the required local match. While an argument can be made that an interconnected and synchronized signal system across the three cities would serve all commuters and not simply those that rideshare, staff with legal counsel concurrence also believes that an argument can be made that use of Commuter Assistance funds for this purpose will also directly Agenda Item 81 152 affect those who rideshare or use transit and thus remain consistent with the intent of Measure A. The argument to support this contention is based on the following three elements of traffic congestion and signal synchronization: • Carpools/vanpools as well as buses currently do not use fixed and dedicated guideways on arterial streets in Riverside County, which means that they are just as much subject to the negative effects of traffic congestion as are solo vehicle drivers. As such, poorly timed signals at major intersections resulting in high levels of congestion and reduced levels of service (LOS) during rush hour have the same impact on ridesharers and transit users as it does on solo vehicle drivers. • Since carpool or high occupancy vehicle (HOV) lanes, which directly benefit those using alternative transportation are relegated to the freeway system, the harmful effects of arterial street traffic congestion actually serves as a disincentive to rideshare or use transit as once on arterial streets, commuters using alterative transportation modes have no perceived advantage over solo vehicle drivers. • Lastly, an interconnected multi -jurisdictional traffic signal system serves as a pre -cursor infrastructure to the eventual deployment of Bus Rapid Transit (BRT) projects. BRT has been proven to attract solo vehicle drivers to transit and therefore leads to an increased LOS for the roadway(s) on which it is deployed. The first sentence regarding commuter assistance in the Measure A reads that 'A systematic program will be implemented that encourages the use of commuter bus, car pools and van pools to make our existing highway system work better during congested rush hour periods" . These three reasons all apply to a systematic program of improvements that would benefit ridesharing and transit use by increasing system efficiency and accordingly, point to the conclusion that this proposed project does meet the spirit and intent of Measure A. Accordingly, staff is recommending that the Commission provide $50,000 in 1989 Measure A Commuter Assistance funds as a portion of the required local match. Agenda Item 81 • 153 Financial Information In Fiscal Year Budget: No Year: FY 2009/10 Amount: S50,000 Source of Funds: Measure A Commuter Assistance Budget Adjustment: Yes GLA No.: 226 41 81030 2199 Fiscal Procedures Approved: \h/€4,4a+.40. Date: 2/12/09 Agenda Item 81 154 " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Proposed Policy Goals and Objectives for Fiscal Year 2009/10 Budget BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve the proposed Commission Policy Goals and Objectives for the FY 2009/10 Budget. BACKGROUND INFORMATION The initial step in the budget process is to develop policy goals and objectives for the next fiscal year that are consistent with the Commission's overall strategic direction. The goals and objectives for FY 2009/10 reflect the continuation of the transition planning efforts related to the completion of the 1989 Measure A and commencement of the 2009 Measure A projects. Most importantly, the adoption of the Budget Goals and Objectives provides an opportunity to match the Commission's spending priorities in a manner that implements the promises made to the citizens of the county of Riverside in both Measure A Expenditure Plans. Using the Commission's guiding principles, staff has updated the attached Policy Goals and Objectives for the FY 2009/10 Budget. Attachments: Proposed Goals and Objectives for FY 2009/10 Budget Agenda Item 9 155 " Commission Policy Goals and Objectives The following material outlines the Commission's adopted policy goals, objectives and financial policies that serve as the framework for the work plan presented in the FY 2009/10 Budget. Promote Mobility The Commission, in cooperation with local, state, and federal agencies, will strive to create a transportation system that promotes efficient mobility both within the County andregion. - - While Riverside County grapples with the challenges of a declining real estate market and an uncertain economy, the need for better mobility and transportation remains a top public policy priority that the Commission is poised to address. The 10-Year Western County Highway Delivery Plan, approved in December 2006, will become more prominent this year as environmental and design work moves into high gear on 5R-91, 1-15 and 1-215. The Commission will also work with partners including the Southern California Regional Rail Authority (SCRRA or Metrolink), CVAG, and WRCOG to deliver transit services, improve highways and arterials in the Coachella Valley, and ensure investment of TUMF dollars in Western County. In moving forward with this aggressive program of projects and services, the Commission will face the challenge of lower Measure A receipts and declining state transportation revenues along with uncertainty regarding the availability of federal dollars. The following are emphasis areas for the Commission in FY 2009/10: " Complete projects and programs included in the 1989 Measure A and determine use for unexpended revenues. " Continue to aggressively pursue completion of the environmental and design - _ - processes on key components of the 10-Year Western County Highway Delivery Plan which includes the widening of SR- 91, 1-15, and 1-215. " Continue to develop the toll program consistent with the 10-Year Western County Highway Delivery Plan including obtaining federal toll authority for select projects and executing toll program agreements with key regional and state partners including Caltrans, OCTA, CHP, TCA, and others. " Seek to obtain state legislative authority to utilize the design -build method of project delivery to advance project delivery schedules. { Deleted: regionally Deleted: implement { Deleted: state and " Continue to work with state and federal agencies to fund and construct projects , rDeleted: program programmed in the STIP, FTIP. Proposition 1B bond programs, ,and Measure A }Deleted: the program, as well as other high priority regional projects. Deleted: , and " Maximize the effective application and use of Western County TUMF funds to deliver eligible Commission priority projects. " Work closely with local jurisdictions to implement the ,TUMF Regional Arterial Program and facilitate the delivery of arterial improvements in Western County. " Complete the Project Approval and Environmental document phase for the Mid County Parkway,_ - 1 .l Deleted: FY 2007-2009 J Deleted: Circulate the project level Deleted: and receive the Record o Decision by the end of the 2008 calendar year 156 i • Circulate for public review the draft project level environmental documentrelated to the SR-79 realignment project. • Evaluate the results of geotechnical field exploration, testing services, and technical evaluation for the proposed Irvine -Corona Expressway, a CETAP corridor, and determine next steps for the project. • Actively participate in the SR-91 Advisory Committee and Riverside Orange Corridor Authority to facilitate near and long-term improvements to SR-91; enhance intercounty public transit options and foster the development of a new corridor between the two counties. • Advocate streamlining efforts at the state and federal levels to facilitate timely project reviews and approvals. • Coordinate and provide public access to commuter information and tools,such as , ridematching for car/vanpooling generating bicycle routes and transit itineraries for commute planning and real-time traffic information for congestion avoidance to foster the use of alternate modes of transportation. • Continue cooperation with the FTA regarding the Small Starts process to support the initiation of the Perris Valley Line commuter rail service tn 2011, • Continue to develop a vision of transit service for Riverside County. • Continue to develop a vision of transit service to further promote seamless intracityi intercity, and regional transit connectivity_ for County residents. Mitigate and Address the Impact of Goods Movement The Commission will work with federal, state, and local governments to facilitate the movement of goods and services to, within, and through the County, recognizing the vital role mobility plays in the economic health of the County, the State, and the nation. • Seek funding and local agency concurrence to implement the Commission's approved, high -priority railroad grade separation priority list to mitigate the impact of increased goods movement demands on the transportation system. • Remain committed to a regional approach regarding goods movement issues in order to maximize funding from state and federal sources to goods movement needs in Southern California. • Continue working with the Ports of Los Angeles and Long Beach and regional transportation commissions to develop an infrastructure cargo fee. • Continue working with LA Metro OCTA SANBAG SANBAG VCTC SCAQMD and Mobility 21 to encourage Congress to create a national goods movement program to treat the nation's multimodal national goods movement network as a system rather than individual projects. Ensu• re Improved System Efficiencies The Commission will select projects and allocate funds in a manner that will improve safety and reduce congested traffic corridors. • Advocate the development and use of advanced technologies for transportation Deleted: to foster the use of alternate modes of transportation Deleted: transit through the provision of a regional trip planner Deleted: by Deleted: , which has now been included for $50 million In the President's FY 2008/09 federal budget Deleted: travel Deleted: San Pedro Bay Deleted: ports Deleted: <lpwork closely with Caltrans, SANBAG, Ventura County Transportation Commission, and the Los Angeles County Metropolitan Transportation Authority (Metro) to conduct an environmental justice analysis and community outreach to supplement the Multi -County Goods Movement Action Plan (MCGMAP).1 157 " applications that are affordable and practical. " Work with public and private interests to apply real-time technology to disseminate commuter information that will support the use of altemate modes and improve efficiency of the regional transportation system. " Assure the effectiveness of transit planning through coordination with the Transit Operators Working Group, Citizens' Advisory Committee, and annual SRTP process with a goal toward promoting program efficiency and effectiveness. " Provide innovative commuter rideshare programs to reduce single occupant vehicle trips and coordinate with other regional rideshare service providers to address intercounty commute trips. " ,Develop an Inland Empire region 511 system, in partnership with SANBAG, that will , make real-time traffic information available to commuters for the purpose of trip planning and congestion avoidance. " Leverage existing online trip planninq services such as Gooqle Transit by integrating and maintaining regional transit schedules and routes. " Work with local iurisdictions, Caltrans and the Califomia Highway Patrol (CHP) to continue providing a motorist aid system which includes a call box program and an FSP program including temporary services in freeway construction zones. " Continue development, in partnership with Caltrans and SANBAG, of the Inland Empire Transportation Management Center. " Leverage our resources to incorporate park and ride services at Metrolink stations that have available capacity. Foster Environmental Stewardship The Commission will achieve its mobility goals while promoting environmental stewardship and protecting the area's natural resources and quality of life. " Continue working with the RCA to implement the MSHCP, " Work with SCAG, the South Coast Air Quality Management District (SCAQMD), sub -regional agencies, and local jurisdictions to implement a Regional Transportation Plan (RTP) that meets regional air quality goals and conformity guidelines. " Support a variety of outreach channels and educational programs that promote the benefits of ridesharing, transit, rail, and availability of,commuter resources. " Facilitate private/public use of clean fuels technology. " Consider and address new state and federal mandates regarding greenhouse gas emissions jncludinq participation in various forums to develop implementation guidelines. " Continue to develop sustainable and green commuter rail stations and provide upgrades and rehabilitation protects to reduce the environmental impact of the existing stations. " Coordinate with local and regional agencies regarding compliance with SB 375 and AB 32. Deleted: Support the deployment of a Southern Califomia Association of Governments (SCAG) Deleted: and to assist in the assembly of the reserve system, with a goal to utilize the Measure A commitment to the MSHCP as much as possible prior to the beginning of the 2009 Measure A program Deleted: help through www.CommuteSmart.info 1-800- COMMUTE, and 511 Deleted: as part of long-range and transportation planning. This will Irequire a dose working relationship with regional, local, state, and federal agencies 158 Encourage Economic Development Transportation decisions will consider the economic benefits derived from any improvement, and, where feasible and practical, will pursue transportation alternatives that enhance or complement economic development. • Support local agencies in the design and construction of interchanges that are in proximity to regional economic centers and developments. • Support local projects, consistent with countywide transportation goals, which enhance business development, local employment, and area tourism. Support Transportation Choices through Intermodalism and Accessibility County residents will be served, where economically feasible, through the development of transportation altemattves and travel options that consider the needs of a wide range of citizens. • Work with transit providers and local social service agencies to provide specialized transit service ,to meet a broad spectrum of socio-economic transit needs. • ,Leverage commuter assistance and freeway service patrol outreach channels in order to increase the awareness of and foster the use of alternative commuting modes. • Implement the Commission's commuter rail SRTP and SCRRA's long-range strategic plan for expansion of the commuter rail system benefiting Riverside County constituents with an emphasis on the Perris Valley Line, an extension from Riverside to Perris via Moreno Valley. • Pursue the goals and objectives as outlined in the Public Transit -Human Services Transportation Coordination Plan for Riverside County related to a unified, comprehensive but flexible strategy for transportation service delivery to address transportation gaps and/or barriers focusjnic on unmet transportation needs of elderly individuals, persons with disabilities, and individuals of Jimited income. • Enhance security surveillance and emergency response capabilities of County transit facilities and infrastructure through proactive planning, interagency coordination, and investment. Prioritize Public and Agency Communications The Commission will provide timely, informative, and accurate information to encourage informed public and agency participation in the Commission's decision -making processes. • Promote a close working relationship with news and civic entities to increase interest in and understanding of transportation and related issues. • Enhance the provision of public information through various forms of communication (e.g., website, television, Speakers Bureau, print media, radio, etc). • Maintain an ongoing effort of informing Riverside County's Congressional and State Legislative delegations regarding County transportation issues. • • Deleted: and the Commission's innovative Transportation Reimbursement and Information - , Project program Deleted: Integrate commuter assistance programs and marketing with transit - Deleted: ed - Deleted: low 159 " " " " Develop an effective long-range legislative strategy regarding the upcoming reauthorization of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to ensure that the federal government participates as a full partner in funding Riverside County projects that are of national and regional significance. " Advocate for sufficient funding for Riverside County from various federal and state revenue sources including but not limited to, the Federal Stimulus Act, STIP, and State and Local Partnership Program. " Seek legislative flexibility for innovative financing and delivery methods. " Maintain ongoing efforts to educate commuters, businesses, and the public regarding the Commission's toll planning efforts and specific project development efforts currently underway. 160 Financial and Administration Policies Budget Policies • • The Commission shall budget no more than one percent (1 %) of Measure A sales tax revenue for administrative salaries and benefits. • Administrative program delivery costs will be budgeted at whatever is reasonable and necessary, but not to exceed four percent (4%) of Measure A sales tax revenues (inclusive of the one -percent salary limitation). • The Commission shall budget 100% of the annual required contribution related to the postretirement health care benefits. • Amounts will be budgeted by fiscal year for multi -year projects based on best available estimates with the understanding that, to the extent actuals vary from those estimates and the project is ongoing, adjustments will be made on an ongoing basis. • The fiscal capital budget should be consistent with the strategic plan and deviations appropriately noted, explained, and justified. • A balanced budget shall be adopted annually with operating and capital expenditures and other financing uses funded by identified revenues and other financing sources as well as available fund balances. Revenue Policies • Sales tax revenue projections will be revised semi-annually to ensure use of current and relevant data. Staff may adjust annual amounts to reflect the most current economic trends. • A strategic application of local funding sources will be used to maximize federal and state funding of projects. • Fiduciary responsibility regarding Western County TUMF revenues shall be exercised, and revenues will be allocated pursuant to Commission direction and the approved 2009 Measure A. Debt Management Policies • The Commission will maintain 2.0x debt ratio coverage on all senior debt. • Debt issuance will be for major capital projects including engineering, right of way, and construction. Operating requirements, if any, must be from current ongoing revenues. • Costs of issuance including the standard underwriter's discount will not exceed two percent (2%). • The Commission may enter into interest rate swaps to better manage assets and liabilities and take advantage of market conditions to lower overall costs and reduce interest rate risk. • While it is the intent of the Commission to establish a cash debt reserve for long term bond issuance, surety bonds can be obtained when beneficial to the 161 " Commission. " The commercial paper program and other short-term financing vehicles will provide advance funding for projects included in the expenditure plan of the approved 2009 Measure A. " The Commission will consider actions to lessen the restriction of the $500 million 2009 Measure A bonding cap, which could include the possibility of a future ballot measure to increase the cap. Auditing, Accounting, and Financial Reporting Policies " The Commission will replace its financial software system in order to better integrate proiect accounting needs and improve accounting efficiency. " The Commission will issue a Comprehensive Annual Financial Report (CAFR) in accordance with the GASB Statement 34 financial reporting model. " An audit is to be conducted annually on the Commission's accounting books and records. As long as the Commission has outstanding bonds, an independent accounting firm must conduct the audit. " The Commission is responsible for ensuring that audits of Measure A and TDA funding recipients are completed and reviewed for compliance and other matters in a timely manner. " An internal audit program will be maintained to identify improvements in controls and procedures as well as best practices. Capital Planning and Programming Policies " Established priorities will be reviewed annually with the Commission. Reserve Policies " The Commission will maintain program reserves in accordance with Measure A and TDA policies and guidelines. " The Commission will maintain a cash reserve at least equal to five percent (5%) of annual revenues (exclusive of reimbursements and matching funds). " The Commission will establish and maintain a transit operator's reserve of ten percent (10%) for the Coachella Valley and Palo Verde Valley. Additionally, a ten percent (10%) reserve will be established and maintained for each of the Western County transit operators (public bus and commuter rail). Cash Management/Investment Policies " Where possible, the Commission will encourage receipt of funds by wire transfer to its accounts. " Balances in the bank operating account will be maintained at the amount necessary to meet monthly expenditures. " Idle funds will be invested per the Commission's established investment policy 162 _ - ���� Deleted: risk assessment emphasizing in order of priority: 1) safety, 2) liquidity, and 3) yield. • Cash disbursements to local jurisdictions and vendors/consultants will be completed in an expeditious and timely manner. Human Resources Management Policies • Commission staffing levels will be consistent with the intent of its enabling legislation, which envisioned a small, but effective staff. • Contract staff and consultants will be used to augment staff efforts as much as possible to support programs or work loads, which do not appear to be of a permanent nature. Information Technology Policies • Significant effort will be made to maintain efficient and cost-effective technology infrastructure by continuously upgrading network equipment and software to ensure quality performance, productivity, and connectivity among staff, other agencies, and the public. Network security will continue to be a top priority to maintain the integrity of the Commission's network and information. The following matrix illustrates the linkage of the Commission's overall policy goals described in this section to the individual departmental goals included in Section 7. 163 " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Aaron Hake, Government Relations Manager Shirley Medina, Programming and Planning Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Federal Economic Recovery Bill BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to review and discuss Federal Economic Recovery proposals for Riverside County. BACKGROUND INFORMATION: At this time, a determination has not been made by the state legislation as to the Commission's share of funding. A full presentation will be given at the Commission meeting. Agenda Item 10 164 REVISED AGENDA ITEM 10 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 11, 2009 TO: Riverside County Transportation Commission FROM: Shirley Medina, Programming and Planning Manager THROUGH: Anne Mayer, Executive Director SUBJECT: American Recovery and Reinvestment Act — Riverside County Highway Proposal TECHNICAL ADVISORY COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Support legislation to distribute American Recovery and Reinvestment Act (ARRA) funds through the Regional Surface Transportation Program (RSTP). In the absence of authorizing legislation, support a distribution by the California Transportation Commission (CTC) through the State Transportation Improvement Program (STIP) that ensures maximum allocation of funding to Riverside County and provides the most flexibility in programming and allocating funds; 2) ARRA highway funding included in Table A depending on the funding level for Riverside County; 3) If the Riverside County ARRA highway funding level is $71 million or above, approve a Local Stimulus program using $18 million of 1989 Measure A funds from the SR-74/I-215 interchange project, distributing the funds per the 1989 Measure A Streets and Roads formula; 4) If a Local Stimulus program is implemented, replace the $18 million from the SR-74/I-215 interchange project with STIP funds or other funds as necessary to ensure the Commission's funding commitment to the project; 5) Support expenditures of State discretionary ARRA funds on projects located in economically distressed areas; and 6) Provide letters of support for State discretionary allocations to San Bernardino Associated Governments (SANBAG) for the Interstate 215 Corridor Project. BACKGROUND INFORMATION: As the Regional Transportation Planning Agency (RTPA) for Riverside County, the Commission is designated as the authorizing agency to make funding and programming decisions for state and federal funds, which includes the ARRA funds, or formerly known as "Economic Stimulus". The ARRA has many funding Agenda Item 10 categories and the highway funding is the subject of this report. Additionally, this report covers the fluidity and uncertainty of how California will distribute the ARRA funds. It should be noted that the California Transportation Commission (CTC) will be meeting on March 11-12, 2009 to discuss the distribution of ARRA funds. Existing State Law California's ARRA highway apportionment is $2.57 billion. ARRA specifies the suballocation of 30% of the ARRA highway funds to the regions through the Regional Surface Transportation Program (RSTP) formula, and the remaining 70% would be allocated to the State. Under existing state law, the funding distribution would result in $771 million (30%) distributed to the regions, and $_1_,799 billion (70%) to the State. Regional Share (30%) — The regional share that would be distributed per the RSTP formula would result in Riverside County receiving approximately $35 million. State Share (70%) — Existing law allocates the State share to the State Highway Operations Protection Program (SHOPP), which primarily funds rehabilitation and safety work, and the State Transportation Improvement Program (STIP). Caltrans has proposed various levels of SHOPP ARRA funding ranging from $500 to $900 million. The remaining ARRA funds are proposed to be distributed to the regions per the STIP formula. Therefore, the amount of funds Riverside County would receive through the STIP formula depends largely upon how much funding the CTC and Caltrans designate for the SHOPP. The estimated range of the State's share that Riverside County can anticipate is $30 to $44 million. On March 6, 2009, the CTC released its "Guidance on Incorporating Stimulus Funds into the STIP", which includes regional targets for the 70% State ARRA share. Based on this new information, Riverside County can possibly receive $79 million. However, the guidelines indicate that the STIP regional targets are "not a minimum, guarantee, or limit on project nominations or on project selection in any county or region. The Commission may program over the target in some regions and under the targets in others". Additionally, the guidelines identify the following project selection criteria: • Priority will be given to projects that can be obligated by June 17, 2009. • Priority will be given to projects that will be completed by February 17, 2012. • Priority will be given to projects located in economically distressed areas (includes Riverside County). Agenda Item 10 " Priority will be given to projects that maximize job creation and economic benefit. " To the extent practicable, the Commission intends to give priority to TE projects associated with a highway or transit project and are not stand alone projects. Based on the above, it is uncertain whether or not Riverside County's proposed regional targets will be approved by the CTC. Staff maintains a conservative estimate of $35 million and an optimal estimate of $71 million until the CTC approves the programming of Riverside County ARRA highway projects. Proposed State Legislation Proposed state legislation has been drafted that would direct all the ARRA funds through a modified RSTP process (62.5% to regions based on population; 37.5% to the state). The proposed legislation would result in Riverside County receiving approximately $71 million of ARRA highway funds and $2.2 million of ARRA TE funds. The proposed legislation is supported by the transportation community including the Self -Help Coalition, CSAC, CALCOG, and Caltrans. Although most regions throughout the state would benefit from the RSTP formula distribution, some regions would not. These would be regions that have bond projects ready to proceed with construction that Caltrans and the CTC have indicated they would consider for ARRA funding. Timing is of the essence for the passage of the proposed legislation. The ARRA requires that states obligate 50% of their share within 120 days, or June 30, 2009. If the legislation is not passed soon, the State will need to proceed with allocating ARRA funds under the existing legislation to meet the 120-day fund obligation deadline. If states obligate 50% of their share, the remaining funds must be obligated by March 2, 2010. States that do not obligate 50% of their shares by June 30, 2009, will lose their funds and the funds will be redistributed to other states that met the 50% obligation deadline. It is likely that the CTC will take action at its meeting this week to implement the STIP allocation process in the absence of legislation. It is also possible that the CTC could take action tomorrow and the legislature could still change the distribution in the coming weeks. The lack of a cohesive, coordinated effort at the State level in California is leading to significant uncertainty and confusion. Regardless, we are poised to respond quickly and will work closely with project sponsors and Caltrans to ensure that stimulus/ARRA funds are expended as quickly as possible. Staff is recommending some flexibility in support of a mechanism to ensure that we maximize funds coming to Riverside County. Agenda Item 10 Riverside County Proposal for ARRA Highway Funds Staff has reviewed numerous projects that were submitted to Caltrans as part of an effort to inventory the state's highway and roadway needs. Additionally, staff requested local agencies to submit projects that were federalized and could be delivered within the next few months. At the time of these project requests, it was not known if the ARRA funds would be eligible for non -federalized projects. Once the first draft of the bill was released, we learned that the ARRA funds were eligible only for federalized projects and that no federal requirements would be waived. We also learned about the timelines required for obligating funds. Over the past month, staff focused on only those projects that had federally cleared environmental documents and would be in a position to obligate the ARRA funds within the 120 day deadline. In addition, staff developed the following goals for selecting projects: • Obligate Construction and Maximize Job Creation within 120 days; • Consider Regional, Federal Projects currently programmed in the Federal Transportation Improvement Program (FTIP); • Maintain Existing Project Commitments (STIP/Prop 1 B, and Measure A); • Maintain Ability to Reprogram STIP or Other Funds to Other Regional Projects; • Minimize Impact to Caltrans (project reviews and approvals); and • Minimize Number of Projects to Report to FHWA/Caltrans/Congress. Given the lack of certainty on the funding level that Riverside County will receive, staff has prepared two scenarios (low and high): Scenario 1: Riverside County receives only a 30% suballocation of $35 million; and Scenario 2: Riverside County receives 30% suballocation plus additional RSTP or STIP regional funds of $71 million or higher. Table A: Proposed Proiects for ARRA Highway Funds: Description Scenario 1: $35 M $ (000's) Scenario 2: $71 M $ (000's) Obligation Submittal Comments I-215/Clinton Keith IC $ 10,000 $ 10,000 March 30 Meas A Regional Arterial project 1-10/Palm Dr IC --- $ 5,080 April 15 STIP/TCR project SR 60/Valley Wy IC $ 4,982 $ 4,982 April 15 Meas A Interchange SR 91 /Van Buren IC --- $ 16,101 April 15 STIP project -10/Bob Hope IC $ 20,000 $ 34,912 Ma 1 STIP •roject Total $ 34,982 $ 71,075 Agenda Item 10 Note; Funding amounts for the above projects will be adjusted according to final ARRA funding levels and delivery constraints. Funding distribution to the I- 10 interchange projects are subject to change by action taken by the Coachella Valley Association of Governments (CVAG). The ARRA funds will replace STIP, 1989 Measure A, and Traffic Congestion Relief (TCR) funds, and the STIP, 1989 Measure A, and TCR funds will be reprogrammed on other regional projects in the 2010 STIP cycle. The I-2151CIinton Keith Interchange project has completed all pre -construction work. The remaining interchange projects included in Table A are in the right-of-way certification stage. Staff will follow the progress of the projects to ensure they can be delivered within 120 days. If any of the projects have significant delays, staff will need to ensure that the ARRA funds can be obligated by reallocating the ARRA funds to one or more of the above interchange projects. We will review the funding plans of these projects and allocate additional ARRA funds with the intention of replacing local funds on the projects that can then be programmed on other regional projects. For example, staff would reprogram ARRA funds from a delayed project and put it on another interchange project that is moving forward. If TUMF or 1989 Measure A funds are being replaced, staff would reprogram these funds to another regional project at the Commission's discretion. The intent is to cycle funding back in to our regional project/program commitments. ARRA Transportation Enhancement Funds Included in the highway ARRA apportionment is a 3% off -the -top for Transportation Enhancement (TE) projects. The current estimate of TE funds that Riverside County would receive is between $2.2 and $2.8 million. In October 2005, the Commission approved TE projects that were programmed in the STIP covering fiscal years 2006/07 through 2010/11. There are two TE projects that are ready for construction, which are the Gene Autry Trail Gateway landscaping project in the city of Palm Springs ($1.513 million), and the Alessandro Boulevard median construction and landscaping project in the city of Riverside ($944,000). The STIP TE allocation request for the Palm Springs project was deferred in January 2009 due to the State budget impasse. Riverside's project is scheduled for allocation next month; however, it is unknown when the CTC will allocate TE projects again. Other TE projects that are ready to proceed with construction will be reviewed to fund any remaining balance of ARRA and/or STIP TE funding. Agenda Item 10 Commission Local Stimulus As a result of expectations on receiving "stimulus" funds at the local level, staff has reviewed the option of distributing local Measure A funds to the cities and county. Due to decreased revenues, the Commission does not have a reserve that is available for new programming. Therefore, staff identified $18 million of 1989 Measure A funds that are programmed on the SR-74/I-215 interchange project that can be "loaned" to the cities and county. In order to pay back this loan, staff is proposing that the SR-74/I-215 interchange project be programmed in the STIP, using the capacity made available from ARRA funding that is replacing STIP funding. In the event STIP funding is not available at the time the project is ready for construction, staff will review other fund sources to ensure the project is fully funded. Staff is proposing to distribute the $18 million of local Measure A funds to the cities and county per the 1989 Measure A Local Streets and Roads subvention formula in Attachment 1. The funds would be required to be spent (or construction contracts awarded) within a year of the Commission approval and notification, and projects would be required to be included in the respective local agencies Measure A Capital Improvement Program (CIP). Projects may be amended into the CIP as long as they are eligible for 1989 Measure funds. Funds would be provided on a reimbursement basis for eligible projects. The main benefit of distributing local Measure funds instead of federal ARRA funds is that the local agencies would have funds with the least amount of restrictions. The ARRA funds will require reporting to Caltrans, CTC, FHWA, and eventually Congress. Federal funds already involve many restrictions and convoluted processes to follow, and the ARRA funds have additional reporting requirements the Commission has not had to adhere to before, which will be subject to national scrutiny. Therefore, the option to provide a local stimulus program gives local agencies the advantage of delivering projects quickly and easily with the ultimate benefit of stimulating the local economy. Support for Use of State Discretionary Funds Under either ARRA funding distribution scenario, there will be Interregional Transportation Improvement Program (ITIP) funds for discretionary allocation by Caltrans. Staff recommends that the Commission support expenditure of these funds in economically distressed areas as defined by federal law. Riverside and San Bernardino counties are designated areas. The Commission does not have an ITIP eligible project to compete for those discretionary funds. The SANBAG 1-215 Corridor project in downtown San Bernardino is ready to go to construction and would provide much needed jobs in the Inland Empire. This project is currently at Agenda Item 10 risk due to the state's inability to sell Proposition 1 B bonds. Staff recommends providing letters of support for SANBAG's 1-215 Corridor project to administration and legislative leaders. ARRA Transit Funding On the transit side, the ARRA Capital Transit Assistance Program funding for FTA Section 5307 and Section 5311 totals $31,844,955. The ARRA transit capital assistance program funds have 180-days (September 1, 2009) to get the projects obligated (grants awarded). ARRA transit funds are subject to redistribution if 50% of the funds are not awarded by the September 1, 2009 deadline. The remaining 50% must be obligated no later than March 5, 2010. If funds are not fully obligated by the March 5, 2010 deadline, they will be subject to redistribution. The transit operators are currently working on the submittal of their candidate projects to the Commission for review and approval. The ARRA candidate projects will be presented at the March 23, 2009 Budget and Implementation Committee and forwarded to the April 8, 2009 Commission meeting. The breakdown of the ARRA transit funding is included in Attachment 2. FTIP Programming All ARRA funding must be included in the FTIP. Staff is currently coordinating project amendments with SCAG so that the funds can be included in the FTIP as soon as possible. SCAG has scheduled several amendments to respond to ongoing changes that may occur at the state level throughout the next few months. Financial Information In Fiscal Year Budget: NO N/A Year: FY 2008/09 FY 2009/10 Amount: $ 5,000,000 $13,000,000 Source of Funds: 1989 Measure A WC Highway Budget Ad ustment: Yes 222-31 81301 P2312 $3,700,000 GLA No.: 253-31 81301 P2312 $1,250,000 233-31 81301 P2312 $ 50,000 Fiscal Procedures Approved: \14 Date: 03/10/2009 Attachments: 1) 18 million Local Stimulus Distribution 2) ARRA Transit Funding 3) ARRA Distribution Agenda Item 10 ATTACHMENT 1 DRAFT FOR DISCUSSION PURPOSES ONLY MEASURE A PROJECTION LESS: ADMINISTRATION TOTAL PROJECTION RIVERSIDE COUNTY TRANSPORTATION COMMISSION Measure A Distribution related to Economic Stimulus Trades $18,000,000 0 $18,000,000 Local Streets & Roads 100.00% WESTERN COUNTY PORTION $13,549,000 $13,549,000 BANNING $219,000 BEAUMONT 243,000 CALIMESA 56,000 CANYON LAKE 72,000 CORONA 1,532,00.0 HEMET 632,000 LAKE ELSINORE 437,000 MENIFEE 488.000 MORENO VALLEY 1,376,000 MURRIETA 823,000 NORCO 260,000 PERRIS 437,000 RIVERSIDE 2,684,000 SAN JACINTO 255,000 TEMECULA 1,077,000 WI LDOMAR 210,000 RIVERSIDE COUNTY ,748,000 t AREA TOTAL $13,549,000 Local Streets & Roads 100.00% COACHELLA VALLEY PORTION $4,314,000 $4,314,000 CATHEDRAL CITY $492,000 COACHELLA 201,000 DESERT HOT SPRINGS 137,000 INDIAN WELLS 81,000 INDIO 550,000 LA OUINTA 480,000 PALM SPRINGS 599,000 PALM DESERT _ 881,000 RANCHO MIRAGE 312,000 RIVERSIDE COUNTY 581,000- AREA TOTAL $4,314,000 PALO VERGE VALLEY PORTION BLYTHE RIVERSIDE COUNTY $137,000 Local Streets & Roads 100.00% $137,000 AREA TOTAL $126,000 11 000" $137,000 ToLCouMy $3,340,000 NOTE (1): Allocations are based on Measure A allocation formula for local streets and roads program NOTE (2): Estimate for Planning Purposes, subject to change and rounding differences Agenda Item 10 ATTACHMENT 2 Capital Transit Assistance Program Federal Stimulus Funding for Sec 5307 & 5311 Riverside County: ARRA - Federal Register 3/5/09 Fund Source Urbanized Area Population Area ARRA FY 09 Apportionment FTA 5307 1,000,000 or more Riverside* $19,376,710 Bus (62.73%) $12,155,010 Rail (37.27%) $7,221,700 200,000-999,999 Indio -Cathedral -Palm Springs $4,714,391 Murrieta/Temecula $4,066,829 50,000 - 199,999 Hemet $2,505,051 Total 5307 $30,662,981 FTA 5311 Riverside County Total $1,181,974 Western Co. (RTA) 61.70% $729,278 Coachella (SunLine) 38.30% $452,696 *Note: 2009 FTA 5307 RIV/SAN UZA ARRA Total Apportionment = $36,415,543. Riverside = $19,376,710 Riv/Sbdno % split based on FY 09 Inter -County Apportionment: 53.21% (Riverside); 46.68% (San-Bdno); .11% (LA) FY 2009 5307 ARRA Apportionment by Mode Mode Area Aeency/Operator RAIL Western Riverside RCTC-Rail $7,221,700 BUS Western Riverside RTA/Corona/Riverside $18,726,890 Coachella Valley SunLine $4,714,391 Riverside County TOTAL $30,662,981 Agenda Item 10 American Recovery and Reinvestment Act California Highway Infrastructure Investment Distribution by Existing Law 30% i ion ullimm Economic Recovery $771 Million Subvented to Regions 23 USC 133(d)(3)(A)(B)(C) $771 Million Expended Through SHC 182.6 Riverside County Share $35 Million Obligate by March 2, 2010 $1.799 Billion to State $1.722 Million (67%) SHOPP/STIP $625 Million - SHOPP $1.097 Million - STIP Riverside County STIP $39 Million 70% $77 Million (3%) Transportation Enhancements i Riverside County TE $2.8 Million Obligate 50% by June 30, 2009, remaining funds by March 2, 2010 American Recovery and Reinvestment Act California Highway Infrastructure Investment Distribution by Proposed State Legislation 62.5% -"nr-- $2.57 Billion Economic Recovery $1.606 Billion to Regions I $48 Million Regional Transportation Enhancements Riverside County TE $2.2 Million 11111111 $964 Million to State $1.558 Million Transportation Projects i Riverside County Share $71 Million Obligate 50% by June 30, 2009 37.5% $935 Million SHOPP/Proposition 1 B $29 Million State Transportation Enhancements Obligate 50% by June 30, 2009 All Remaining Funds Must be Obligated by March 2, 2010