Loading...
01 January 13, 2010 Commission88486 RECORDS RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING AGENDA TIME: 9:30 a.m. DATE: Wednesday, January 13, 2010 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside Commissioners Chair: Bob Buster 1" Vice Chair: Greg Pettis 2nd Vice Chair: John J. Benoit Bob Buster, County of Riverside John F. Tavaglione, County of Riverside Jeff Stone, County of Riverside John J. Benoit, County of Riverside Marion Ashley, County of Riverside Bob Botts / Don Robinson, City of Banning Roger Berg / Jeff Fox, City of Beaumont Joseph DeConinck / To Be Appointed, City of Blythe Ray Quinto / Jim Hyatt, City of Calimesa Mary Craton / Jordan Ehrenkranz, City of Canyon Lake Greg 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 Wallace Edgerton / Darcy Kuenzi, City of Menifee Jesse Molina / Bonnie Flickinger, City of Moreno Valley Rick Gibbs / Kelly Bennett, City of Murrieta To Be Appointed / Malcolm Miller, City of Norco Jim Ferguson / Cindy Finerty, City of Palm Desert Steve Pougnet / Ginny Foat, City of Palm Springs Daryl Busch / Al Landers, City of Perris Ron Meepos / 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 Rivergide County Tranworidon Cmisskm TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: January 5, 2010 SUBJECT: Possible Conflicts of Interest Issues - RCTC Agenda of January 13, 2010 The January 13, 2010 agenda of the Riverside County Transportation Commission includes items which may raise possible conflicts of interest. An RCTC member may not participate in any discussion or action concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 12 months or three months following the conclusion from any entity or individual listed. Agenda Item No. 6 - Resolutions of Necessity for the Acquisition of Fee and Temporary Construction Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, for the Construction and Maintenance of Improvements to the State Route 74/Interstate 215 Interchange Project in Riverside County, California Owner(s): WLPX Perris Venue, LLC and WLPX Perris Triangle, LLC Richard A. Lewis Revocable Trust Robert R. Lewis Revocable Trust Roger G. Lewis Revocable Trust Randall W. Lewis Revocable Trust John M. Goodman Peacefield Investment, L.P. Laura Chiu, Agent for Service of Process RCTC Conflict of Interest Form Purpose: This form is provided to assist members of the RCTC Commissioners in meeting requirements of 87100 in documenting conflict of interests as related to RCTC RCTC Commission may be required to disclose and disqualify or voting on an agenda item due to personal income, real positions, or receipt of campaign contributions. If applicable, the following information, for entry into the public record, prior to item(s) and turn in the completed form to the Clerk of the Board RCTC member may not participate in any discussion or action a campaign contribution of more than $250 is received in the past conclusion from any entity or individual. Government Code Section 84308 and Commission/Committee agenda items. Instructions: Under certain circumstances, themselves from participating in, influencing, property interests, investments, business Commissioners must personally state consideration of the involved agenda prior to leaving the meeting. An concerning a contract or amendment if 12 months or three months following the I. Board Member Information Board Member Name City/County Name Meeting Date (V ` Ar lu c -4 /+1}41_-1 % ///n I k \ ur <-/ti'(0 ,- c-,,v 7 II. Campaign Contributions 1. I have a disqualifying campaign contribution and therefore I am abstaining from participation 2. I have a disqualifying campaign contribution and therefore I am abstaining from participation 3. I have a disqualifying campaign contribution and therefore I am abstaining from participation 4. I have a disqualifying campaign contribution and therefore I am abstaining from participation of over $250 from / (..._=-Cei LJ L 9 /&-C Ce-fi4��4 ..% (Identify the name of the ompany and/or Individual) on Agenda item , Subject: of over $250 from , (Identity the name of the company and/or Individual) on Agenda item , Subject: . of over $250 from , (Identify the name of the company and/or Individual) on Agenda item , Subject: of over $250 from , (Identify the name of the company and/or Individual) on Agenda item , Subject: III. Financial Interest 1. I have a financial interest of , from/in (State income, and therefore I am abstaining from participation 2. I have a financial interest of real property interest, investment or business position) (Identify name of company or property location) on Agenda Item , Subject: , from/in (State income, and therefore I am abstaining from participation real property interest, investment or business position) {Identify name of company or property location) on Agenda Item , Subject: IV. Signature Board Member Signaturg Date: / — jam— / G Please remember you must state the information into the public record prior to consideration of the involved agenda item(s) and turn in the completed form to the Clerk of the Board prior to leaving the meeting. RCTC Conflict of Interest Form Purpose: This form is provided to assist members of the RCTC Commissioners in meeting requirements of 87100 in documenting conflict of interests as related to RCTC RCTC Commission may be required to disclose and disqualify or voting on an agenda item due to personal income, real positions, or receipt of campaign contributions. If applicable, the following information, for entry into the public record, prior to item(s) and turn in the completed form to the Clerk of the Board RCTC member may not participate in any discussion or action a campaign contribution of more than $250 is received in the past conclusion from any entity or individual. Government Code Section 84308 and Commission/Committee agenda items. Instructions: Under certain circumstances, themselves from participating in, influencing, property interests, investments, business Commissioners must personally state consideration of the involved agenda prior to leaving the meeting. An concerning a contract or amendment if 12 months or three months following the I. Board Member Information Board Member Name City/County Name Meetin Date J J. ji)y. - 6E,vo _e atv� Lt 1 tj/DII. f Campaign Contributions 1. I have a disqualifying campaign contribution and therefore I am abstaining from participation 2. I have a disqualifying campaign contribution and therefore I am abstaining from participation 3. I have a disqualifying campaign contribution and therefore I am abstaining from participation 4. I have a disqualifying campaign contribution and therefore I am abstaining from participation of over $250 from 1=Z15 ,oJt'a , (Identify the name of the company and/or Individual) on Agenda item , Subject: . of over $250 from , (Identify the name of the company and/or Individual) on Agenda item , Subject: . of over $250 from (Identify the name of the company and/or Individual) on Agenda item , Subject: . of over $250 from , (Identify the name of the company and/or Individual) on Agenda item , Subject: III. Financial Interest 1. I have a financial interest of , from/in (State income, and therefore I am abstaining from participation 2. I have a financial interest of real property interest, investment or business position) (Identify name of company or property location) on Agenda Item , Subject: , from/in {State income, and therefore I am abstaining from participation real property interest, investment or business position) (Identify name of company or property location) on Agenda Item , Subject: IV. Signature Board Member Signature: 6 0 Date: / 3 Please remember you must state the information into the public record prior to consideration of the involved agenda item(s) and turn in the completed form to the Clerk of the Board prior to leaving the meeting. RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL JANUARY 13, 2010 Present County R` rside, District I of IV County of Riverside, District II County of Riveraitte, District III County of Riverside, District IV 0 County f ct V City of Banning O Cis City of Blythe City of Cal City of Canyon Lake City of Cathedr Cry City of Coachella City of Cow'' 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 Moreno Valley City of Murrieta City o; City of Palm Desert City of Palm►{rit4 City of Perris City of Rancho Mi City of Riverside City of San Jacir City of Temecula City of Wildomar Governor's Appointee, Caltrans District 8 O 0 Absent a O RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN -IN SHEET JANUARY 13, 2010 E MAIL ADDRESS j�NAME 0 0.� 1R l (il 1p D.� Irk? 1c� A-s,-) 0 1'.)6'1 l/r i rY akoic It_ (L gi ceu.tiss-t- urK q �C,,f9 AWN I' e,r- Al fax-0 I LD/� O M fP'�-� -)"_o -r P dz�� /71 — I 1C✓L4} 44' tigt,ri - -- �i_L-s"r%`y` eCi�J o S= s p, eer( Cam. Y ea 0 C-Fe'. CA-C i �Ael--s ice, ��- 'Di s iY, c, l G ' 0 Q o Ve fs Q.A'- .1 r. �o�'� iSiV F-1-G c AAuwS tiiVi2r $ 44Z —3—u.�`rNl , �n46— �JT�// U YL ,✓fr% E �L / C'�C t i6o e- LL _%�(s^.v o k:9-6-- y )r' �Ze i /2 � .__.7t'J tom , 111•PmvviD /��T%L� -AN 'Vi4C{( n-l/-.) 61. C,40 M1L12-lL T,k-ttl .0 .Ri-`r1-4, cif /tijii LL,4_ 4., ; /-l%-e4y GA J k ,..1 a C 1rGl % ///,t4Js�j-, / c d,-G C.__. o, „_ �{. / -J_kixl. 6- V RV (A Ll 0-9-0. 1�,206rL /�n1 0e-6✓m,,,.1--1r • RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, January 13, 2010 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 051) 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 January 13, 2010 Page 2 5. APPROVAL OF MINUTES — DECEMBER 9, 2009 6. RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, BY EMINENT DOMAIN, FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS TO THE STATE ROUTE 74/INTERSTATE 215 INTERCHANGE PROJECT IN RIVERSIDE COUNTY, CALIFORNIA Page 1 Overview This item is for the Commission to: 1) Conduct a hearing to consider the adoption of Resolutions of Necessity, including providing all parties interested in the affected properties and their attorneys, or their 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; and d) The offer of just compensation has been made to the property owner. 3) Adopt Resolutions of Necessity Nos. 10-002, 10-003 and 10-004, "Resolutions of Necessity for the Acquisition of Fee and Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Particularly Described as Assessor Parcel Numbers 310-100-004, 310-100-005, 310-100-006, 310-100-040, and 310-100-042 (CPN 21483-1); 310-100-007, 310-100-008, 310-100-009, 310-100-010, 310-100-011, 310-100-012, 310-100-013, 310-100-014, and 310-110-016 (CPN 21474-1); 310-062-004 and 310-062-007 (CPNs 21488-1 and 21488-2), for the Construction and Maintenance of Improvements to the State Route 74/Interstate 215 Interchange Project in Riverside County, California". • • • Riverside County Transportation Commission Agenda January 13, 2010 Page 3 7. ADDITIONS/REVISIONS - The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. 8. CONSENT CALENDAR - All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 8A. QUARTERLY FINANCIAL STATEMENTS Page 31 Overview This item is for the Commission to receive and file the Quarterly Financial Statements for the period ended September 30, 2009. 8B. EXTENSION OF COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ADVANCE FUNDING AGREEMENT REPAYMENT TERM Page 35 Overview This item is for the Commission to: 1) Approve Agreement No. 06-31-517-01, Amendment No. 1 to Agreement No. 06-31-517, with the Coachella Valley Association of Governments (CVAG) to modify the repayment term to 20 years; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Agenda January 13, 2010 Page 4 8C. AGREEMENTS WITH QUALIFIED CONTRACTORS TO PROVIDE • ON -CALL MAINTENANCE AND REPAIR SERVICES Page 37 Overview This item is for the Commission to: 1) Award the following agreements to provide on -call property maintenance and repair services for a three-year period, inclusive of a single -year option to extend the agreements, in an amount that is not to exceed an aggregate value of $1.5 million; a) Agreement No. 10-51-038-00 with Warren Bros. Tractor Work; b) Agreement No. 10-51-039-00 with Sunshine Landscape and Maintenance, Inc.; c) Agreement No. 10-51-040-00 with Real Estate Consulting and Services, Inc.; d) Agreement No. 10-51-041-00 with Zamiski Construction; e) Agreement No. 10-51-042-00 with Pest Options, Inc.; and f) Agreement No. 10-51-043-00 with Carry -All LLC; 2) Authorize the Executive Director, or designee, to execute task orders competed among and awarded to contractors under the terms of the agreement(s); and 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. 8D. AGREEMENTS FOR CONSTRUCTING AND FUNDING THE STATE ROUTE 60/INTERSTATE 215 EAST JUNCTION HIGH OCCUPANCY VEHICLE LANES CONNECTOR Page 40 Overview This item is for the Commission to: 1) Approve programming $17.722 million of federal Congestion Mitigation and Air Quality (CMAQ) funds and $770,000 of the Commission's Rail Program lease proceeds funds for construction of the 60/215 East Junction High Occupancy Vehicle (HOV) lanes project; and 2) Authorize the Executive Director, pursuant to legal counsel review, to execute Cooperative Agreement No. 10-31-018-00 (Caltrans Agreement #08-1451) with Caltrans and related funding, construction, operations and maintenance, and utility agreements with Caltrans, Southern California Edison and the county of Riverside associated with constructing the 60/215 East Junction HOV project. • • • Riverside County Transportation Commission Agenda January 13, 2010 Page 5 8E. AGREEMENT WITH COUNTY OF RIVERSIDE TO REPROGRAM 1989 MEASURE A FUNDS TO THE STATE ROUTE 79 WIDENING PROJECT Page 60 Overview This item is for the Commission to: 1) Approve Agreement No. 10-72-035-00 with the county of Riverside, for the reprogramming of $2.1 million of 1989 Measure A highway funds from the State Route 60Nalley Way interchange to the SR-79 widening project, Thompson Road to Domenigoni Road; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8F. ANNUAL LOCAL TRANSPORTATION FUND PLANNING ALLOCATION TO WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS FOR FISCAL YEAR 2009/10 Page 61 Overview This item is for the Commission to approve an allocation of Local Transportation Fund (LTF) planning funds totaling $476,695 to the Western Riverside Council of Governments (WRCOG) to support transportation planning programs and functions as identified in the attached work program. 8G. RIVERSIDE COUNTY 2011 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM FINANCIAL RESOLUTION Overview This item is for the Commission to: Page 65 1) Adopt Resolution No. 10-001, "Resolution Certifying that the Riverside County Has Resources to Fund Projects in Fiscal Years 2010/11 Through 2015/16 Transportation Improvement Program and Affirming Commitment to Implement All Projects in the Program"; and 2) Forward to the Southern California Association of Governments (SCAG) for inclusion in the 2011 Federal Transportation Improvement Program (FTIP). Riverside County Transportation Commission Agenda January 13, 2010 Page 6 8H. NORTH MAIN CORONA METROLINK STATION PEDESTRIAN TOWER • AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND OPERATION OF A SEISMIC SEPARATION JOINT Page 69 Overview This item is for the Commission to: 1) Approve Agreement No. 10-51-037-00 with the Riverside Transit Agency (RTA) for the construction, maintenance, and operation of a seismic separation joint at the North Main Corona Metrolink Station Pedestrian Tower; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 81. MEASURE A SPECIALIZED TRANSIT FUNDS AS CAPITAL MATCH FOR THE FISCAL YEAR 2008 SECTION 5310 PROGRAMS Page 89 Overview This item is for the Commission to: 1) Allocate Measure A Specialized Transit funds to provide the required capital match for the FY 2008 Section 5310 Program as follows: • $14,452 to Mountain Shadows Support Group (MSSG); • $10,896 to Care Connexxus, Inc. (CCI); • $5,850 to Peppermint Ridge; • $5,047 to Care -A -Van Transit Systems, Inc. (Care -A -Van); 2) Approve agreements with the following FY 2008 Section 5310 grant recipients for Measure A Specialized Transit funds available in Western Riverside County as follows: • Agreement No. 10-26-044-00 with MSSG for $14,452; • Agreement No. 10-26-045-00 with CCI, Inc. for $10,896; • Agreement No. 10-26-046-00 with Peppermint Ridge for $5,850; • Agreement No. 10-26-047-00 with Care -A -Van for $5,047; and 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. • • • • • Riverside County Transportation Commission Agenda January 13, 2010 Page 7 8J. AGREEMENT FOR THE OPERATION OF THE FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY Overview This item is for the Commission to: Page 92 1) Approve Agreement No. 10-45-036-00 with the California Department of Transportation (Ca!trans) for the operation of the Riverside County Freeway Service Patrol (FSP) program in the amount of $1,657,171 in state funding for FY 2009/10; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 9. MID -YEAR REVENUE PROJECTIONS Overview This item is for the Commission to: Page 100 1) Approve the Mid -Year Revenue Projections; 2) Approve the budget reduction adjustments to Measure A revenues of $15.5 million and expenditures of $7,307,100 to reflect the revised Measure A projections; and 3) Approve the budget reduction adjustments to Local Transportation Fund (LTF) revenues of $6,586,600 and expenditures of $123,200 to reflect the revised LTF projections. 10. FISCAL YEAR 2010/11 REVENUE PROJECTIONS Overview This item is for the Commission to: Page 106 1) Approve the projections of the Local Transportation Fund (LTF) apportionment for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas; 21 Approve the projections for Measure A and the related allocations; and 3) Approve the projections for Transportation Uniform Mitigation Fee (TUMF) revenues. Riverside County Transportation Commission Agenda January 13, 2010 Page 8 11. FEDERAL AND STATE LEGISLATIVE UPDATE Overview This item is for the Commission to: Page 112 • 1) Receive and file an update on the federal and state legislation; and 21 Adopt positions on the following bills: a. H.R. 1835 — SUPPORT; and b. S. 1408 — SUPPORT. 12. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 13. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 14. CLOSED SESSION 14A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Properties: Agency Negotiator: Purchasing Party: 15. ADJOURNMENT 294-060-001, 294-060-008, 294-070-002, 294-140-004, and 297-160-006 Executive Director or Designee Metropolitan Water District of Southern California The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, February 10, 2010, Board Room, County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California. • AGENDA ITEM 5 MINUTES • RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON MINUTES Wednesday, December 9, 2009 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Bob Magee at 9:35 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, Chair Magee led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Steve Adams Marion Ashley Roger Berg John J. Benoit Russell Betts Bob Botts Bob Buster Mary Craton Joseph DeConinck Scott Farnam Jim Ferguson Ginny Foat Rick Gibbs Terry Henderson Steven Hernandez Jim Hyatt 4. PUBLIC COMMENTS Darcy Kuenzi Bob Magee Glenn Miller Malcolm Miller Jesse Molina Patrick J. Mullany Greg Pettis James Potts Karen Spiegel Jeff Stone Ray Wolfe Commissioners Absent Daryl Busch Robin Lowe Ron Meepos Ron Roberts John F. Tavaglione Chair Magee welcomed Commissioners John Benoit and Malcolm Miller. Riverside County Transportation Commission Minutes December 9, 2009 Page 2 5. APPROVAL OF MINUTES — NOVEMBER 12, 2009 M/S/C (Kuenzi/Adams) to approve the minutes of November 12, 2009, meeting. Abstain: Berg, Betts, Craton, Foat, Henderson, Hyatt, M. Miller, and Potts 6. ADDITIONS/REVISIONS There were no additions/revisions to the agenda. 7. CONSENT CALENDAR M/S/C (Adams/Craton) to approve the following Consent Calendar items: 7A. PROPOSED 2010 COMMISSION/COMMITTEE MEETINGS AND UNMET TRANSIT NEEDS PUBLIC HEARING SCHEDULE Adopt its 2010 Commission/Committee Meetings and Unmet Transit Needs Public Hearing Schedule. 7B. QUARTERLY SALES TAX ANALYSIS Receive and file the sales tax analysis for Quarter 2 (Q2) 2009. 7C. QUARTERLY INVESTMENT REPORT Receive and file the Quarterly Investment Report for the quarter ended September 30, 2009. 7D. RESOLUTION NO. 09-019 TO ADOPT A FINANCE PLAN IN SUPPORT OF A REQUEST FOR PROJECT AUTHORIZATION TO THE CALIFORNIA TRANSPORTATION COMMISSION TO SEEK BEST - VALUE DESIGN -BUILD AUTHORITY FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT Adopt Resolution No 09-019, "Resolution of the Riverside County Transportation Commission to Adopt a Finance Plan in Support of a Request to the California Transportation Commission (CTC) for Project Authorization to Seek Best -Value Design -Build Authority Under the SBX2 4 Design -Build Demonstration Program", for the State Route 91 corridor improvement project. • • Riverside County Transportation Commission Minutes December 9, 2009 Page 3 7E. AMENDMENT TO AGREEMENT WITH NOSSAMAN LLP FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES 1) Approve Agreement No. 06-66-028-09, Amendment No. 6 to Agreement No. 06-66-028-00, with Nossaman LLP (Nossaman) for on -call strategic partnership advisor services to continue providing independent, third -party legal services for the proposed State Route 91 and Interstate 15 corridor improvement projects in the amount of $800,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 7F. COUNTY OF RIVERSIDE REQUEST TO REPROGRAM CONGESTION MITIGATION AND AIR QUALITY PROGRAM AND MEASURE A FUNDS 1) Approve the county of Riverside's request to reprogram $1.4 million of Congestion Mitigation and Air Quality (CMAQ) program funds from the State Route 60/Valley Way interchange to the Magnolia Avenue grade separation project; 2) Approve the county of Riverside's request to reprogram $2.1 million of 1989 Measure A Western County Highway funds from the SR-60Nalley Way interchange to the SR-79 widening project; 3) Revise the Commission's previous commitment of 1989 Measure A funds for the SR-60Nalley Way interchange from "up to $5.5 million" to $1.019 million; and 4) Approve a revision to Agreement No. 09-31-078-00 with the county of Riverside to reduce the 1989 Measure A funding commitment for the SR-60/Valley Way interchange project to $1.019 million. 7G. AGREEMENT WITH ELITE ELECTRIC INC., FOR INSTALLATION OF IN -ROADWAY PEDESTRIAN CROSSING SAFETY LIGHTS 1) Approve Agreement No. 09-24-059-01, Amendment No. 1 to Agreement No. 09-24-059-00, with Elite Electric, Inc. to furnish and install in -roadway pedestrian crossing LED safety lighting systems at the Downtown Riverside Metrolink station, for a not to exceed amount of $67,574, plus a 10% contingency amount of $6,758 for a total not to exceed amount of $74,332; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve the use of contingency as may be required for the project. Riverside County Transportation Commission Minutes December 9, 2009 Page 4 8. INTERSTATE 215 BI-COUNTY PROJECT FUNDING CONTRIBUTION Cathy Bechtel, Project Development Director, provided an update on the Interstate 215 Bi-County project. Commissioner Bob Buster expressed strong support for the project and the importance of working cooperatively with San Bernardino Associated Governments (SANBAG). In response to Commissioner Terry Henderson's question if the 1-215 Bi-County project will include toll lanes, Cathy Bechtel replied toll lanes are not included in this project. M/S/C (Craton/Adams) to: 1) Approve programming up to $30 million for the 1-215 Bi-County project in the 2010 State Transportation Improvement Program (STIP) for the design and construction phases; and 2) Authorize the Executive Director, pursuant to legal counsel review, to execute agreements with the SANBAG and Caltrans, to reflect this STIP programming commitment. 9. STATE ROUTE 74 AND INTERSTATE 215 INTERCHANGE PROJECT UPDATE Lisa DaSilva, Capital Projects Manager, provided an update on the SR-74/ 1-215 interchange project. She presented maps of the existing and proposed interchange area and pictures demonstrating the traffic congestion in the area. Lisa DaSilva recognized and introduced the project team to the Commission. Commissioner Darcy Kuenzi congratulated staff for a well orchestrated partnership with Caltrans and other partners that helped to deliver this project in a timely manner. Commissioner Marion Ashley discussed the importance of this project and expressed strong support. Chair Magee thanked the project team for moving this project forward in a timely manner. M/S/C (Ashley/Kuenzi) to receive and file an update on the State Route 74/Interstate 215 interchange project. • • Riverside County Transportation Commission Minutes December 9, 2009 Page 5 • 10. ELECTION OF RIVERSIDE COUNTY TRANSPORTATION COMMISSION OFFICERS • At this time, Chair Magee opened nominations for the slate of officers. Commissioner Greg Pettis seconded by Commissioner Henderson nominated Bob Buster for the Chair position. No other nominations were received. Chair Magee closed the nominations for the Chair position. Bob Buster was unanimously elected as the Commission's Chair for 2010. Commissioner Henderson, seconded by Commissioner Mary Craton nominated Greg Pettis for the First Vice Chair position. No other nominations were received. Chair Magee closed the nominations for the First Vice Chair position. Greg Pettis was unanimously elected as the Commission's First Vice Chair for 2010. Commissioner Buster, seconded by Commissioner Stone nominated Commissioner John Benoit for the Second Vice Chair position. No other nominations were received. Chair Magee closed the nominations for the Second Vice Chair position. John Benoit was unanimously elected as the Commission's Second Vice Chair for 2010. 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA There were no agenda items pulled from the Consent Calendar. 12. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 12A. Anne Mayer announced the grand opening ceremony for the Perris Station Transit Center on January 11, 2010 at 2:00 p.m. 12B. Commissioner Henderson commented on the need for the Commission to reinvigorate discussion regarding its toll development efforts and to be clear that RCTC's interest in toll facilities is to increase highway capacity while reducing reliance on public funding in a financial challenging environment. 12C. Commissioner Glenn Miller expressed concern for the holiday traffic on the I-10/SR-60 interchange in the Pass Area where the construction zone for Beaumont Avenue is located and asked if signs could be posted to alert traveler to the delay. Riverside County Transportation Commission Minutes December 9, 2009 Page 6 Ray Wolfe, Caltrans District 8, replied Caltrans received numerous concerns during the Thanksgiving holiday and the area has been evaluated from an operational prospective. He confirmed Ca!trans will post signs alerting travelers to the congestion and delay. 12D. Chair Magee expressed his gratitude to all of his colleagues for their professionalism, respect, and decorum during his tenure as the Commission's Chair for 2009. He also expressed his gratitude to staff for its exemplary work and professionalism. 13. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting was adjourned at 10:00 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, January 13, 2010, in the Board Room, at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California. Respectfully submitted, )1•X•4"-P--4(-- \-1/41-9—XNQrs-- • Jennifer Harmon Clerk of the Board • REVISION AND ADDITIONAL INFORMATION AGENDA ITEM 6 Additions are noted by Bold Italics, Deletions are noted by Strikcthrough EXHIBIT `A' LEGAL DESCRIPTION PARCELS 21483-1 That certain parcel of land, in the City of Perris, County of Riverside, State of California, being a portion of Parcels 1, of the lands deeded to WLPX Perris Venue, LLC in a Document Recorded August 25, 2005 as Instrument No. 2005 0698295, L, M, N and O, inclusive, of the lands deeded to WLPX Perris Triangle, a Delaware Limited Liability Company, in a Document recorded May 29, 2007 as Instrument No. 2007-0350120, Official Records of Riverside County, in Section 32, Township 4 South, Range 3 West, San Bernardino Meridian, described as follows: Commencing at the north one -quarter comer of said Section 32, also being the centerline intersection of Redlands Avenue (formerly known as Kitching Street) having been vacated by Resolution of the Riverside County Board of Supervisors recorded September 27, 1984 as Instrument No. 210020, Official Records of said County, with the centerline of San Jacinto Avenue (40 foot half -width) as shown on S.D. McCanna's Subdivision, as per map on file in Book 10, Page 494 of maps, Records of San Diego County, State of California; Thence along the centerline of said Redlands Avenue (vacated), South 00°20'09" West, 424.95 feet to the TRUE POINT OF BEGINNING; Thence continuing along said centerline South 00°20'09" West, 57.87 feet to a point in the southerly line of said Parcel 1, being also the northeasterly right-of-way of State Route 215 as shown on right of way Map No. 425555, dated May 15, 1959; Thence along said southerly line and right-of-way the following courses: 1. South 66°40'38" East, 454.80 feet; 2. Thence South 89°36'42" East, 115.22 feet; 3. Thence North 17°39'55" East, 138.24 feet to a point in the easterly line of said Parcel 1 being also the westerly line of 4t Street, formerly McCann Street (60 feet wide) as shown on said right-of-way map; Thence along said easterly line, North 00°20' 14" East, 438.06 feet to the beginning of a curve concave southwesterly having a radius of 50.00 feet; Thence northwesterly 78.49 feet along said curve through a central angle of 89°56'45" to a point in the southerly right-of-way line of San Jacinto Avenue (80 feet wide) as shown on said right-of-way map; Thence along the southerly line of San Jacinto Avenue, North 89°36'31" West, 137.46 feet; Thence leaving said southerly line, South 61 °59' 19" East, 157.52 feet; Thence South 07°14'32" East, 82.94 feet; Page 1 of 2 Description of Property to be Acquired CPN 21483-1 is owned by WLPX Perris Triangle, LLC, a Delaware limited liability company. This property is vacant land, and is located at the northwest corner of Redlands Avenue and San Jacinto Avenue, in the city of Perris, Riverside County, California. CPN 21474-1 is owned by WLPX Perris Venue, LLC, a Delaware limited liability company. This property is vacant land, and is located at the southeast corner of Redlands Avenue and San Jacinto Avenue in the city of Perris, Riverside County, California. WLPX Perris Venue, LLC and WLPX Perris Triangle, LLC are each Delaware limited liability companies whose members are as follows: • Richard A. Lewis Revocable Trust • Robert R. Lewis Revocable Trust • Roger G. Lewis Revocable Trust • Randall W. Lewis Revocable Trust • John M. Goodman CPNS 21488-1 and 21488-2 are owned by Peacefield Investment, L.P., a California limited partnership, whose agent for ecrvicc of proccss is Laura Chui members include: • Joy Chiu, limited partner • Amy Chou, limited partner • Michael Chou, limited partner • Yung Chou, limited partner • Alan Liu, limited partner • Anne Yip, limited partner • Golden Pacific Electronics, Inc., general partner • Wilson Chiu, president of Golden Pacific • Laura Chiu, vice president of Golden Pacific This property is also vacant land, and is located at the northwest corner of Redlands Avenue and San Jacinto Avenue in the city of Perris, Riverside County, California. Project Description The project will replace the overcrossing structure and modify the interchange configuration at the SR-74/I-215 in the city of Perris improving traffic flow and safety. Agenda Item 6 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Min Saysay, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Resolutions of Necessity for the Acquisition of Fee and Temporary Construction Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, for the Construction and Maintenance of Improvements to the State Route 74/Interstate 215 Interchange Project in Riverside County, California STAFF RECOMMENDATION: This item is for the Commission to: 1) Conduct a hearing to consider the adoption of Resolutions of Necessity, including providing all parties interested in the affected properties and their attorneys, or their 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; and d) The offer of just compensation has been made to the property owner. 3) Adopt Resolutions of Necessity Nos. 10-002, 10-003 and 10-004, "Resolutions of Necessity for the Acquisition of Fee and Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Particularly Described as Assessor Parcel Numbers 310-100-004, 310-100-005, 310-100-006, 310-100-040, and 310-100-042 (CPN 21483-1); 310-100-007, 310-100-008, 310-100-009, 310-100-010, 310-100-011, 310-100-012, 310-100-013, 310-100-014, and 310-110-016 (CPN 21474-1); 310-062-004 and 310-062-007 (CPNs 21488-1 and 21488-2), for the Construction and Maintenance of Improvements to the State Route 74/Interstate 215 Interchange Project in Riverside County, California". Agenda Item 6 1 • Description of Property to be Acquired CPN 21483-1 is owned by WLPX Perris Triangle, LLC, a Delaware limited liability company. This property is vacant land, and is located at the northwest corner of Redlands Avenue and San Jacinto Avenue, in the city of Perris, Riverside County, California. CPN 21474-1 is owned by WLPX Perris Venue, LLC, a Delaware limited liability company. This property is vacant land, and is located at the southeast corner of Redlands Avenue and San Jacinto Avenue in the city of Perris, Riverside County, California. WLPX Perris Venue, LLC and WLPX Perris Triangle, LLC are each Delaware limited liability companies whose members are as follows: • Richard A. Lewis Revocable Trust • Robert R. Lewis Revocable Trust • Roger G. Lewis Revocable Trust • Randall W. Lewis Revocable Trust • John M. Goodman CPNS 21488-1 and 21488-2 are owned by Peacefield Investment, L.P., a California limited partnership, whose agent for service of process is Laura Chui. This property is also vacant land, and is located at the northwest corner of Redlands Avenue and San Jacinto Avenue in the city of Perris, Riverside County, California. Project Description The project will replace the overcrossing structure and modify the interchange configuration at the SR-74/I-215 in the city of Perris improving traffic flow and safety. Hearings and Required Findings The action requested of the Commission at the conclusion of this hearing concerns the acquisition of real property interests 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." Assessor Parcel Nos. 310-100-004, 310-100-005, 310-100-006, 310-100-040, and 310-100-042 (CPN 21483-1) are owned by WLPX Perris Triangle, LLC, a Delaware limited liability company. Agenda Item 6 3 Assessor Parcel Nos. 310-100-007, 310-100-008, 310-100-009, 310-100-010, 310-100-011, 310-100-012, 310-100-013, 310-100-014, and 310-110-016 (CPN 21474-1) are owned by WLPX Perris Venue, LLC, a Delaware limited liability company. Assessor Parcel Nos. 310-062-004 and 310-062-007 (CPNs 21488-1 and 21488-2) are owned by Peacefield Investment, L.P., a California limited partnership. 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: 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 owner. 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 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 December 29, 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 modify the existing interchange from the intersection of 4'h Street and "G" Street, to 1-215 at Redlands Avenue, and from 1-215 interchange to San Jacinto Avenue in the city of Perris, in Riverside County, California. Construction of the project will reduce traffic congestion and enhance safety. Agenda Item 6 4 • • • • 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 arrive at the single best design for this project. Environmental analysis and findings indicated that this site uniquely satisfies the engineering, public health, and environmental issues. This location is the most compatible with the greatest 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 was performed regarding location and what property and property rights were needed, and this parcel meets all the desired characteristics for the construction of the improvements for the project. 4. The Offer of Just Compensation Has Been Made Appraisals of the properties were prepared by Commission's appraiser, Valentine Appraisal and Associates, to establish fair market value of the real property interests the Commission is seeking to acquire from the property owned by WLPX Perris Triangle, LLC, a Delaware limited liability company; WLPX Perris Venue, LLC, a Delaware limited liability company; and Peacefield Investment, L.P., a California limited liability company. An offer of just compensation was made to each property owner 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. The Commission has also entered into possession and use agreements with WLPX Perris Triangle, LLC, a Delaware limited liability company, WLPX Perris Venue, LLC, a Delaware limited liability company, and Peacefield Investment, L.P., a California limited partnership. The stated purpose of these possession and use agreements was to allow the Commission a right of possession prior to the Commission's acquisition of the title to the parcel, by sale under threat of eminent domain or by order of condemnation under CCP section 1268,030, to permit the Commission to proceed with the construction of the project without further delay. Agenda Item 6 5 Environmental Analysis Compliance with the California Environmental Quality Act (CEQA) has been satisfied by the adoption of the 74/215 Interchange Project Initial Study, with Mitigated Negative Declaration/Environmental Assessment (with Finding of No Significant Impact) in December, 2008. Notice of Public Hearing Notices of Public Hearing were mailed on December 29, 2009 to the property owners of record. Attachments: 1) Resolution No. 10-002 2) Resolution No. 10-003 3) Resolution No. 10-004 Agenda Item 6 6 • • • • RESOLUTION NO. 10-002 A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE INTERESTS IN CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBERS 310-100-004; 310-100-005; 310-100-006; 310-100-040; 310-100-042 (CPN 21483-1), FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS TO THE 74/215 INTERCHANGE PROJECT IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Numbers 310-100-004; 310-100-005; 310-100-006; 310-100-040; 310-100-042 (CPN 21483-1), for the construction and maintenance of improvements to 74/215 Interchange in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, the Commission has entered into a possession and use agreement with WLPX Perris Triangle, LLC, a Delaware limited liability company, for the right of enter and construct upon CPN 21483-1, in which this property owner has agreed to not contest RCTC's right to acquire the property by eminent domain; WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, January 13, 2010, 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 Commission, and each affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: RV LITTBARNES1753543.1 Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for which the fee interest in the property is to be acquired is for the construction and maintenance of improvements to 74/215 Interchange in Riverside County, Califomia. Section 130220.5 of the California Public Utilities Code authorizes Commission to acquire by eminent domain property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" is the legal description and plat map of the real property to be acquired by the Commission, which describes 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 Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described real property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property to be acquired is subject to easements and rights -of -way appropriated to R VLITTBARNES\753543. I 8 • existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Legal 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 of 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 13th day of January, 2010. Bob Buster, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission R V Ln1PBA RNES1753543.1 9 EXHIBIT `A' LEGAL DESCRIPTION PARCELS 21483-1 That certain parcel of land, in the City of Perris, County of Riverside, State of California, being a portion of Parcel 1, of the lands deeded to WLPX Perris Venue, LLC in a Document recorded August 25, 2005 as Instrument No. 2005-0698295, Official Records of Riverside County, in Section 32, Township 4 South, Range 3 West, San Bernardino Meridian, described as follows: Commencing at the north one -quarter corner of said Section 32, also being the centerline intersection of Redlands Avenue (formerly known as Kitching Street) having been vacated by Resolution of the Riverside County Board of Supervisors recorded September 27, 1984 as Instrument No. 210020, Official Records of said County, with the centerline of San Jacinto Avenue (40 foot half -width) as shown on S.D. McCanna's Subdivision, as per map on file in Book 10, Page 494 of maps, Records of San Diego County, State of California; Thence along the centerline of said Redlands Avenue (vacated), South 00'20'09" West, 424.95 feet to the TRUE POINT OF BEGINNING; Thence continuing along said centerline South 00°20•'09" West, 57.87 feet to a point in the southerly line of said Parcel 1, being also the northeasterly right-of-way of State Route 215 as shown on right of way Map No. 425555, dated May 15, 1959; Thence along said southerly line and right-of-way the following courses: 1. South 66°40'38" East, 454.80 feet; 2. Thence South 89°36'42" East, 115.22 feet; 3. Thence North 17'39'55" East, 138.24 feet to a point in the easterly line of said Parcel 1 being also the westerly line of 4th Street, formerly McCanna Street (60 feet wide) as shown on said right-of-way map; Thence along said easterly line, North 00°20' 14" East, 438.06 feet to the beginning of a curve concave southwesterly having a radius of 50.00 feet; Thence northwesterly 78.49 feet along said curve through a central angle of 89'56'45" to a point in the southerly right-of-way line of San Jacinto Avenue (80 feet wide) as shown on said right-of-way map; Thence along the southerly line of San Jacinto Avenue, North 89°36'31" West, 137.46 feet; Thence leaving said southerly line, South 61 °59' 19" East, 157.52 feet; Thence South 07°14'32" East, 82.94 feet; Paibl of 2 a .. s Thence South 09°45' 14" West, 85.84 feet; Thence South 16°23'36" West, 72.90 feet; Thence South 20'22'21" West, 67.07 feet; Thence South 41°36'20" West, 189.69 feet; Thence North 72°57'46" West, 26.90 feet; Thence North 69°09'48" West, 352.35 feet to said centerline of Redlands Avenue (vacated) and the TRUE POINT OF BEGINNING. The above -described parcel of land contains approximately 90,238 square feet (2.071 acres). As shown on Exhibit `B" attached herewith and made a part hereof. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances shown in the above description are on the Califomia Coordinate System of 1983 (2007.0), Zone 6. Multiply distances in the above description by 0.9999221 to obtain ground distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. sl, 5/0 Lisa ' enstridge, P.L.S. 7177 Date License Expires 12/31/2009 08-RIV-PM 26.3-21483(21483-1) Paie12 of 2 '= . O. m v N v S00°20'09"W P.O.C. 29f SEC43SOR SAN JACINTO AVENUE Q N89°36'31"W 387.68' N89°36'31"W Q1 p` !sB906p ss o 99 9 `., F. RTE D/S 8 LEGEND PARCEL 'A' 137.46' y\. S61. 1 S'• 2 sy 79.F \ S.D. McCANNA'S SUBDIVISION M.B. 10/ 494 S09°45'1e41 65.84' APN 310-100-040 PARCEL 1 s16°23.36"w PER DOC. NO. 2005-0698295 72.90 PARCEL 0 PRE p ' S€0 Rom\ ' 352 PROPERTY IN QUESTION ---- AQUISITION AREA EXISTING PARCEL LINES 69rr,�,'� frVe (OLD) LOT LINES PER M.B.16/78 Mqp AND M.B. 10/494 P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING APN ASSESSOR'S PARCEL NUMBER TOTAL AREA- 316,214 S.F. AQUISTION AREA= 90,238 S.F. S20°22'21"W 67.07' • ,to)�• R.)" y1 / �O , • 0") ♦ , / 5A. 4$9 No. 8°' 9�SSSS 26.90' N72°57'46"W /Nf n4RCFC 1 I .G E'LY LINE "f PARCEL 1 O co IF- UJ IW ICC ,1— .o to Pic, m h I ;Jo ro ft, 1 2 �► 115.22' 3 S89°36'42"E S9J 1L!) P Et I SCALE 1"=100• Dovid Evans and Associates Inc 4200 Concours, Suite 200 Ontario, California 91764 Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92502 EXHIBIT "B" PARCEL 21483-1 CITY OF PERRIS COUNTY OF RIVERSIDE STATE OF CALIFORNIA SHEET NO: 1 OF 1 JOB NO: RCTC0002 DRAWN BY: TRG DATE: 04/24/06 SCALE: 1"=100' 12 • RESOLUTION NO. 10-003 A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE INTERESTS IN CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBERS 310-100-007; 310-100-008; 310-100-009; 310-100-010; 310-100-011; 310-100-012; 310-100-013; 310-100-014 and 310- 110-016 (CPN 21474-1); FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS TO THE 74/215 INTERCHANGE PROJECT IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Numbers 310-100-007; 310-100-008; 310-100-009; 310-100-010; 310-100-011; 310-100-012; 310-100-013; 310-100-014 and 310-110-016 (CPN 21474-1), for the construction and maintenance of improvements to 74/215 Interchange in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, the Commission has entered into a possession and use agreement with WLPX Perris Venue, LLC, a Delaware limited liability company, for the right of enter and construct upon CPN 21474-1, in which this property owner has agreed to not contest RCTC's right to acquire the property by eminent domain; WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, January 13, 2010, 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 Commission, and each affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: RV LITTBARNES\753543.1 13 Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the Califomia Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for which the fee interest in the property is to be acquired is for the construction and maintenance of improvements to 74/215 Interchange in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes Commission to acquire by eminent domain property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" is the legal description and plat map of the real property to be acquired by the Commission, which describes 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 Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described real property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. R V LITTBARN ES V 53543.1 14 • • • • 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 Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public use(s) pursuant to section 1240.610 of the Califomia 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 Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Legal 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 of 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 13th day of January, 2010. Bob Buster, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission R V L MPBAR N ES\753543.1 15 r EXHIBIT `A' LEGAL DESCRIPTION PARCEL 21474-1 That certain parcel of land, in the City of Perris, County of Riverside, State of California, being a portion of Parcel 2, of the lands deeded to WLPX Perris Venue, LLC, fka WLPX Perris 1, LLC a Delaware Limited Partnership recorded August 25, 2005 as Instrument No. 2005-0698295, Official Records of Riverside County, in Section 32, Township 4 South, Range 3 West, San Bemardino Meridian, described as follows: Commencing at the north one -quarter corner of said Section 32, also being the centerline intersection of Redlands Avenue (formerly known as Kitching Street) having been vacated by Resolution of the Riverside County Board of Supervisors recorded September 27, 1984 as Instrument No. 210020, Official Records of said County, with the centerline of San Jacinto Avenue (40 foot half -width) as shown on S.D. McCanna's Subdivision, as per map on file in Book 10, Page 494 of maps, Records of San Diego County, State of California; Thence along the centerline of said San Jacinto Avenue, South 89°36'31" East, 625.10 feet to the centerline intersection of 4t' Street, formerly Mc Canna Street (60 feet wide) as shown on right of way Map No. 425555, dated May 15, 1959 for State Route 215; Thence continuing along the centerline of San Jacinto Avenue, South 89°36'31" East, 34.99 feet; Thence continuing on said centerline of San Jacinto Avenue, South 89°37' 14" East, 157.62 feet; Thence leaving said centerline, South 00°22'46" West, 40.00 feet to a point in the southerly line of said San Jacinto Avenue and the TRUE POINT OF BEGINNING; Thence South 46°04'08" West, 123.16 feet; Thence South 03°37'28" East, 124.27 feet to the southerly line of Parcel 'G' within said Parcel 2 of Instrument No 2005-0698295; Thence South 03°39' 16" East, 22.52 feet; Thence South 03°38'26 "West, 123.74 feet to the southerly line of Lot `C' in Block 26 as shown on Figadota Farms No. 5, as per map on file in Book 16, page 78 of maps, Records of Riverside County; Thence South 03°47'46" West, 132.24 feet to the southerly line of Lot `D' in Block 26 as shown on said Figadota Farms No. 5; Thence South 03°43' 16" West, 132.23 feet to the southerly line of Parcel `A' within said Parcel 2 of Instrument No. 2005-0698295; Part 1 of 3 Thence South 03°43'16" West, 110.25 feet; Thence South34°29' 17" East, 199.41 feet; Thence South 28°18'03" East, 346.54 feet to a point in the easterly line of Parcel ` 3' within said Parcel 2 of Instrument No. 2005-0698295; Thence South 38°22' 13" East, 105.59 feet to a point in the southerly line of Parcel `D' within said Parcel 2 of Instrument No. 2005-0698295; Thence South 41°26`09" East, 163.50 feet; Thence South 45°02'41" Fast, 221.32 feet to a point in the easterly line of said Parcel 2 of Instrument No. 2005-0698295; Thence South 48° 18'58" East, 305.41 feet to a point in the northeasterly right of way for State Route 215 as shown on right of way Map No. 425554, dated May 15, 1959; Thence along said northeasterly right of way the following courses: 1. North 51°18'09" West, 192.66 feet; 2. Thence North 46°53'56" West, 106.53 feet to the southeasterly corner of said Parcel 2. 3. Thence North 46°53'56"West , 384.10 feet; 4. Thence North 35°46'16" West ,603.41 feet to the easterly line of said 4`h Street also being the westerly line of said Parcel 2 of Instrument No. 2005-0698295; Thence along said westerly line of said Parcel 2, North 00°20' 14" East, 769.25 feet to the beginning of a curve concave southeasterly having a radius 50.00 feet; Thence northeasterly, 78.58 feet along said curve through a central angle of 90'02'32" to a point in the southerly line of said San Jacinto Avenue; Thence along said southerly line, South 89°37' 14" East, 82.55 feet to the TRUE POINT OF BEGINNING; The above -described parcel of land contains approximately 73,780 square feet (1.694 acres). As shown on Exhibit "B" attached herewith and made a part hereof. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to grantor's remaining property, in and to said freeway. Paper 2 of 3 L15 LINE TABLE LINE BEARING DISTANCE L17 S48°18'58"E 305.41' L18 N51°18'09'W 213.04' L19 N51°18'09"W 192.66' L15 NOO°17'09"E 9.87' LEGEND P.O.C. T.P.O.B. APN PROPERTY IN QUESTION AOUISITION AREA (OLD) LOT LINES PER M.B. 16/78 EXISTING PARCEL UNLESS INDICATED OTHERWISE POINT OF COMMENCEMENT TRUE POINT OF BEGINNING ASSESSOR'S PARCEL NUMBER 0 F- LU LU Z MC ^ Z LU O W U yl SAN JACINTO AVE 29t28 i 34 .589°37'13"E �s 330.04' w M "io ° 0 m O N O en Z w O l r O tr • 1- o m O N z 106.53' N46° 53'56"W w F-• Q U a > I Q I B 33 C r o I M I F• a - 35 c w o F 36 0; N1° 11-110 10 �1 1NS89°37'11" q 66 00' I_ i _4 _- 't HEMEi AVENUE. (VACATED)-- i *1 L 2 1 L I 1 I 43 I FIGODOTA FARMS No. M.B. 16/ 78 1 L L r A g 32 EE DETAIL I r it J. 1, v.V 1 I I ,P 1 • AEI%\I I � 1 '7 qp s'obl i 38' /i/O .v ,l `s l �� . Ss s - - I i I S ° I i I �0s J 1 1 L L J J J 1 �G` 1�-_ J '% -`32 33 Srl ' � N. PARCEL 'A' 44 Q I I I I I I m I I i I I I I ti o PARCEL �" I 6- PER DOC NO. 200$-0690295 3 0 37 i I ;40 i y FIGODOTA FARMS No. M.B. 16/ 78 I �� 1 1 I STI 1 I 9 41 5 45 L 46 r a y SCALE 1"=400' David Evans and Associ0tes Inc 4200 Concours, Suite 200 Ontario, Colitornia 91764 Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92502 EXHIBIT "B" PARCEL 21474-1 CITY OF PERRIS COUNTY OF RIVERSIDE STATE OF CALIFORNIA SHEET NO: 2 OF JOB NO: RCTC0002 DRAWN BY: TRG DATE: 05/12/09 SCALE: 1"=400' 19 ' L1 " �P589'36 31'E 625.10 ---- - L16L2 .O.C.--,---ytE- -- --i. 32 NVICOR 1 Ct SEC 32 1 VeLY LINE PARCEL 2 LINE TABLE LINE BEARING DISTANCE L1 589'36'31"E 34.99' L2 589'37'14"E 157.62' L3 500'22'46"W 40.00' L4 546°04'08'W 123.16' L5 503'37'28"E 124.27' L6 503°39'16"E 22.52' L7 503°38'26"W 123.74' L8 503'47'46"W 132.24' L9 503'43'16"W 132.23' L10 503'43'16"W 110.25' L11 534'2917"E 199.41' L12 538'22'13'E 105.59' L13 541'26'09"E 163.50' L14 545'02'41"E 221.32' L15 S00'17'09"W 9.87' L16 589'37'14"E 82.55' CURVE TABLE CURVE DELTA RADIUS LENGTH C1 90'02'32" 50.00' 78.58' LEGEND F-L6 IJ r L3 SAN JACINTO AVE 589°37'14"E o C BLOCK 26 503.37' PARCEL 'F' PARCEL 2 BLOCK 27 PARCEL 'A' D PARCEL 'C' FIGODOTA FARMS No. 5 E M.B. 16/ 78 E 1� A PARCEL 'B' k.\(' � B INSTRUMENT NO. 2005-0698295 ro ``t�so\,p C n sa -P �, s_ -P -� _BLOCK 25 D ,\ 9 PROPERTY IN QUESTION AUUSTION AREA (OLD) LOT LINES PER M.B. 16/78 EXISTING PARCEL LINES UNLESS NOTED OTHERWISE P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING APN ASSESSOR'S PARCEL NUMBER TOTAL AREA= 754,479 S.F. AOUISITION AREA= 73,780 S.F. PARCEL D ' D O Y BLOCK 28 w SCALE r=200' a U a w Z f PARCEL 'E' �3 4/ \ \ B0 S • `S si . \ \ •/ %\ c/ 3 \>' BLOCK \ ey/ 29 \ s� w a z O w J 5 .1'.\\---E'LY LINE PARCEL 2 L15 David Evans and Associotes Inc 4200 Concours, Suite 200 Ontario, California 91764 Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92502 EXHIBIT "B" PARCEL 21474-1 CITY OF PERRIS COUNTY OF RIVERSIDE STATE OF CALIFORNIA SHEET NO: 1 OF 2 JOB NO: RCTC0002 DRAWN BY: TRG DATE: 05/12/09 SCALE: 1"=100' 20 • • • RESOLUTION NO. 10-004 A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE AND EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBERS 310-062-004 AND 310-062-007 (CPNS 21488- 1 AND 21488-2), FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS TO THE 74/215 INTERCHANGE PROJECT IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Numbers 310-062-004 and 310-062-007 (CPNS 21488-1 and 21488-2), for the construction and maintenance of improvements to 74/215 Interchange in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, the Commission has entered into a possession and use agreement with Peacefield Investment, L.P., a California limited liability company, for the right of enter and construct upon CPNS 21488-1 and 21488-2, in which this property owner has agreed to not contest RCTC's right to acquire the property by eminent domain; WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, January 13, 2010, 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 Commission, and each affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: R V LITPBARN ES1753543. I 21 Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for which the fee interest in the property is to be acquired is for the construction and maintenance of improvements to 74/215 Interchange in Riverside County, Califomia. Section 130220.5 of the California Public Utilities Code authorizes Commission to acquire by eminent domain property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" is the legal description and plat map of the real property to be acquired by the Commission, which describes 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 Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described real property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property to be acquired is subject to easements and rights -of -way appropriated to R V LIT\PBA RN ES\753543.1 22 • • • • • existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Legal 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 of 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 13th day of January, 2010. Bob Buster, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission RV LITIVBARN ES1753543.1 23 EXHIBIT `A' LEGAL DESCRIPTION PARCEL 21488-1 That certain parcel of land, in the City of Perris, County of Riverside, State of California, being a portion of Parcel 1 and 4, of the lands deeded to Peacefield Investment, LP, a California Limited Partnership recorded March 14, 2007 as Instrument No. 2007-0173561, Official Records of Riverside County, in Section 32, Township 4 South, Range 3 West, San Bernardino Meridian, described as follows: Commencing at the north one -quarter comer of said Section 32, also being the centerline intersection of Redlands Avenue (formerly known as Kitching Street) having been vacated by Resolution of the Riverside County Board of Supervisors recorded September 27, 1984 as Instrument No. 210020, Official Records of said County, with the centerline of San Jacinto Avenue (40 foot half -width) as shown on S.D. McCanna's Subdivision, as per map on file in Book 10, Page 494 of maps, Records of San Diego County, State of California; Thence along the centerline of said Redlands Avenue (vacated), and the easterly line of said Parcel 4, South 00°20'09" West, 424.95 feet to the TRUE POINT OF BEGINNING; Thence continuing along said easterly line, South 00°20'09" West, 57.87 feet to a point in the southerly line of said Parcel 4, being also the northeasterly right-of-way of State Route 215 as shown on Right of Way Map No. 425555, dated May 15, 1959; Thence along said southerly line and right-of-way the following courses: 1. North 66°40'38" West, 185.36 feet; 2. Thence North 54'09'05" West, 181.03 feet to the westerly line of said Parcel 4; 3. Thence North 54'09'05" West, 229.69 feet; 4. Thence North 51°19'27" West, 158.37 feet to a point, said point also being the southwesterly corner of Parcel 1 per Instrument No. 2007-0173561, Official Records of Riverside County, State of California; Thence leaving said northeasterly right-of-way, South 57'18'48" East, 172.70 feet; Thence South 56°35'01" East, 197.26 feet to the easterly line of said Parcel 4, said point being North 00'20'09" East, 31.58 feet, from the southeasterly comer of said parcel 4; Thence South 56°35'01" East, 139.17 feet; Thence South 69°09'48" East, 215.01 feet to the centerline of Redlands Avenue (vacated) and the TRUE POINT OF BEGINNING. Page 1 of 2 The above -described parcel of land contains approximately 20,632 square feet (0.474 acres). As shown on Exhibit `B" attached herewith and made a part hereof. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances shown in the above description are on the Califomia Coordinate System of 1983 (2007.0), Zone 6. Multiply distances in the above description by 0.9999221 to obtain ground distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. Lisenstridge, P.L.S. 717 License Expires 12/31/2009 dog Date Date 08-RIV-215-PM 26.3-21488(21488-1) Pay 52 of 2 • • • • LEGEND SAN JACINTO AVENUE 29 NI/gCOR _---_—_—_—_—_— SEC 32 Q 3 Q N O H W W D LLI W Z = In CC 4 Z ILI O W U bl N00° 20'09"E 19.76' N00"20'09"E 31.58' PARCEL 2 A PARCEL 3 FIGODOTA FARMS No. 5 M.B. 16/ 78 8 589°38'57"E Ss - s° PARCEL 4 ; '•�s�s"o,, INSTRUMENT a- ,F' NO. 2007-0173561 .° N54Os,*eOs...*,c, C BLOCK •\ ,9CF� '�• S\9°09, ��E'LY LINE PARCEL 4 ,.44 �., qB,F 13 T p 27 `` Sr •Oa, Repo _•_ `S,OT _ %�. \ ` S C r FxrsT p R� S' . 4/At pg6°QO H 557 8�'O9 W PARCEL 'B' �A •N• RCE-< 36•. _ ' Ire /a. ♦•� a �qA •'N L 4/0``,a,' 9�SS e` S` Si‘ .s iS '. PROPERTY IN OUESTION AOUISITION AREA /9SS1 `�'‘ 9 , 3S (OLD) RECORD LOT LINES PER M.8.16/78 & M.B. 10/494 EXISTING PARCEL LINES UNLESS NOTED OTHERWISE N. P.O.C. POINT OF COMMENCEMENT ,. 318.00' i REDLANDS AVE (VACATED) PARCEL 'A' PER DOC. NO. 2005-0698295 S.D. McCANNA'S SUBDIVISION M.B. 10/ 494 LOT 2 T.P.O.B. Cfi®' SCALE r Aoo' PER DOC. NO. 2005-0698295 BLOCK C 19 T.P.O.B. TRUE POINT OF BEGINNING APN ASSESSOR'S PARCEL NUMBER TOTAL AREA= AOUISTION AREA- 95,156 S.F. 20,632 S.F. David Evans and Associates Inc 4200 Concours, Suite 200 Ontario, Colifornia 91764 Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92502 EXHIBIT "B" PARCEL 21488-1 CITY OF PERRIS COUNTY OF RIVERSIDE STATE OF CALIFORNIA SHEET NO: 1 OF 2 JOB NO: RCTC0002 DRAWN BY: TRG DATE: 05/12/09 SCALE: 1"=100' 2O T 4 S P.O.C.. SAN JACINTO AVENUE R 3 W "OR c SEC 32 N39°24'30"E o 43.49' 589°38.57"E 283.77' v i \,frs o PARCEL 1 SS/° 7 T 8• 7F�?Toad 70 3 T- 2 BLOCK 12 LEGEND DOC. NO. APN 310-062-004 °6P \s"?S�SFD Sy 0 • \�,9 F 1 229 9 PARCEL 2 r N 2007-173561 PARCEL 3 r . 4i4/0 FIGODOTA FARMS No. 5 3 M.B. 16/ 78 BLOCK 13 Vt N00°20'09"E 31.58' CONTINUED SEE SHEET 1 ° ,a r 'VO vs-Dssss 9 3 PARCEL 4 Ski _ 9S 9� PROPERTY IN OUESTION — AOUISTION AREA (TCE) TEMPORARY CONSTRUCTION EASEMENT (OLD) RECORD LOT LINES PER MB 16/76 EXISTING PARCEL LINES UNLESS NOTED OTHERWISE P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINING APN ASSESSOR'S PARCEL NUMBER T 66o F4-rSTrNG R� 85 3 6 y s 29 32 AVE (VACATED) 9J. David Evans and Associates Inc 4200 Contours, Suite 200 Ontario, California 91764 Riverside County Transportation Commission 4060 Lemon Street, 3rd Floor Riverside, CA 92502 EXHIBIT "B" PARCEL 21488-1 CITY OF PERRIS COUNTY OF RIVERSIDE STATE OF CALIFORNIA SHEET NO: 2 OF 2 JOB NO: RCTC0002 DRAWN BY: TRG DATE: 05/12/09 SCALE: 1"=100' 27 • • • EXHIBIT `A' LEGAL DESCRIPTION PARCEL 21488-2 That certain parcel of land, in the City of Perris, County of Riverside, State of California, being a portion of Parcel lof the lands deeded to Peac:efield Investment, LP, a California Limited Partnership, recorded March 14, 2007 as instrument No. 2007-0173561. Official Records of Riverside County, in Section 32, Township 4 South, Range 3 West, San Bernardino Meridian, described as follows: Commencing at the North Quarter Corner of said Section 32, also being the centerline intersection of Redlands Avenue (formerly known as Kitching Street) having been vacated by Resolution of the Riverside County Board of Supervisors recorded September 27, 1984 as instrument No. 210020, Official Records of said County, with the centerline of San Jacinto Avenue (40 foot half -width) as shown on S.D. McCanna's Subdivision, as per map on file in Book 10, Page 494 of maps, Records of San Diego County, State of California; Thence along the centerline of said Redlands Avenue (vacated), and the easterly line of Parcels 3 and 4 of said Instrument No. 2007-01.73561, South 00°20'09" West, 482.82 feet to a point in the northeasterly right-of-way of State Route 215 as shown on Right of Way Map No. 425555, dated May 15, 1959; Thence along said right-of-way the following courses: 1. North 66°40'38" West, 185.36 feet; 2. Thence North 54°09'05" West:, 181.03 feet to the southeasterly corner of said Parcel 1; Thence along the easterly line of said Parcel 1, North 00°20'09" Fast, 31.58 feet; Thence North 56°35'01" West, 6.72 feet to the TRUE POINT ()F BEGINNING; Thence continuing North 56°35'01" West, 190.54 feet; "Thence North 57°18'48" West, 172.70 feet to a point in said northeasterly right-of-way line, being also the southwesterly corner of said Parcel 1; Thence along the northwesterly line of said Parcel 1, North 39'24'30" bast. 10.07 feet to a line parallel with and distant northeasterly 10.00 feet from said last course; Thence along said parallel line, South 57°1.8'48" East, 171.59 feet to a line parallel with and 10.00 feet northeasterly of the previously described course having a bearing and distance of "North 56'35'01" West, 190.54 feet"; Thence along last said parallel line, South 56°35'01." East, 190.61 feet to a point in the westerly line of said Parcel 1; Page 1 of 2 28 • Thence leaving said westerly line, South 33°24'59" West, 10.00 feet to the TRUE POINT OF BEGINNING. The above -described parcel of land contains approximately 3,627 square feet (0.0M acres). As shown on Exhibit "B" attached herewith and made a part hereof. The bearings and distances shown in the above description are on the California Coordinate System of 1983 (2007.0), Zone 6. Multiply distances in the above description by 0.9999221 to obtain ground distances. A temporary easement for construction purposes and incidents thereto, over and across within the above described. All rights acquired for temporary easement for construction herein shall terminate on September 30, 2012 or upon filing Notice of Completion, whichever is earlier. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. 12 2z169 L'.a M. Henstridge, P.L.S. 7177 Date. License Expires 12/31i2009 08-RIV-21.5-P14I 26.6-21488 (21.488-2) Page 2 of 2 29 • SAN JACINTO AVENUE N1/40R \29 --- ---------------------- SEC32 N39°24'30"E -- _---_----__----_ 0 43.49' Q L 3 BL LEGEND P.O.C. T.P.O.B. APN 589°38'57"E S/ `�9B F \'i� CK 12 • 90 / PROPERTY IN QUESTION 283.77' APN 310-062-004 PARCEL 1 , DOC. NO T a cF I OoOs ��SS6°FO I NS p ?r s .5:, F � r/Q 4/ I• �4,o 9 I r— r_ PARCEL 2 N 2007-173561 PARCEL 3 0 O N 0 voi SEE DETAIL L N00°20'09"E 31.58' T.P.O.B. x9, AOUISTION AREA (TCE) TEMPORARY CONSTRUCTION EASEMENT (OLD) RECORD LOT LINES PER MB 16/78 EXISTING PARCEL LINES UNLESS NOTED OTHERWISE POINT OF COMMENCEMENT TRUE POINT OF BEGINING ASSESSOR'S PARCEL NUMBER AREA TOTAL= 46,976 S.F. TCE AREA = 3,627 S.F. LINE TABLE LINE BEARING DISTANCE LI N56°35'01"W 6.72' L2 N57°18.48"W 172.70' L3 N39°24'30"E 10.07' L4 533°24'59"W 10.00' T.P.O.B. B FIGODOTA FARMS Na. 5 M.B. 16/ 78 BLOCK 13 PARCEL 4 z 6 Fkr. e1$, /8s '36 ti %. 6.° I 93.5.. TCFN�9/F m O NVe90S,asy- ' \ 0,,� L1 6' 32 AVE (VACATED) m 0 Z a O w 1¢` i 9 Lit SCALE I"=low David Evans and Associates Inc 4200 Contours, Suite 200. Ontario, California 91764 Riverside County Transportation commission 4080 Lemon Street, 3rd Floor Riverside, CA 92502 30 EXHIBIT "B" PARCEL 21488-2 CITY OF PERRIS COUNTY OF RIVERSIDE STATE OF CALIFORNIA SHEET NO: 1 OF 1 JOB NO: RCTC0002 DRAWN BY: TRG DATE: 05/12/09 SCALE: 1"=100' Commission is Requested to Make the Following Findings a} The public interest and necessity require the proposed project; b} The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c} The real property to be acquired is necessary for the project; and d} The offers of just compensation have been made to the property owners. .-Sari'J, iota Aueriue 11111.111111111111 1=111111MIL_ _ . LEGEND VNLPX Perris Triangle, LLC (Fee Take) CPN 21483-1 2.071 AC / 90,238 Sq. Ft. WLPX Perris Venue, LLC (Fee Take) CPN 21474-1 1.694 AC / 73,780 Sq. Ft. Peacefield Investment, LLC (Fee Take) 'CPN 21488-1 0.474 AC / 20,632 Sq. R. "R"1 Peacefield Investment, LLC (TCE) CPN 21488-2 0.085 AC / 3,627 Sq. Ft. SR-74/I-215 Project "v574fi""ntirito Avee�. LEGEND Property In Question Fee rTake- CPN21483-1 2.071 AC / 90,238 Sq. Ft. SR-74/I-215 Pro WLPX Perris Triangle, LLC ect LEGEND Property In Question Fee Take - CPN 21474-1 1.694 AC / 73,780 Sq. Ft. SR-74/I-215 Project WLPX Perris Venue, LLC plootoom,vr IMMAKIrtrtfiNki*, San Jacinto Avenue LEGEND Property In Question Fee Take- CPN 21488-1 0.474 AC / 20,632 Sq. Ft. TC E - CPN 21488-2 0.085AC / 3,627 Sq. Ft. SR-74/1-215 Project Peacefield Investments, L.P. Staff Recommends that the Commission Adopt a Resolution of Necessity Based on the Following Findings : a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offers of just compensation have been made to the property owners. • AGENDA ITEM 8A • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Financial Statements STAFF RECOMMENDATION: This item is for the Commission to receive and file the Quarterly Financial Statements for the period ended September 30, 2009. BACKGROUND INFORMATION: During the first three months of the fiscal year, staff has monitored the revenues and expenditures of the Commission. The first quarter of the year is primarily directed toward completing fiscal year end closing activities. Staff expects most of the categories to present a more realistic outlook beginning in the second quarter. The operating statement shows the sales tax revenues for the first quarter at 9% of the budget. This is a result of the Governmental Accounting Standards Board (GASB) Statement No. 33. GASB 33 requires sales tax revenue to be accrued for the period in which it is collected at the point of sale. The State Board of Equalization collects the Measure A funds and Local Transportation Fund (LTF) funds and remits them to the Commission after the reporting period for the businesses. This creates a two -month lag in the receipt of revenues by the Commission. Accordingly, these financial statements reflect the revenues related to collections for July 2009. On a cash basis, the Measure A and LTF sales tax revenues are 20.7% and 20.5% lower, respectively than the same period last fiscal year, as a result of the recession. Staff continues to persistently monitor the trends in the sales tax receipts and will report to the Commission in a separate agenda item the necessary adjustments to the FY 2009/10 budget for sales tax revenues. Federal, state, and local government reimbursements are on a reimbursement basis, and the Commission will receive these revenues as the projects are completed and invoiced to the respective agencies. Agenda Item 8A 31 The Transportation Uniform Mitigation Fee (TUMF) revenues for the first quarter had not been remitted to the Commission by Western Riverside Council of Governments (WRCOG) as of the end of September 2009. As of November 12, 2009, WRCOG remitted $1,502,425 to the Commission for receipts through October 2009. Other revenues include first and second quarter lease payments billed for, but not yet received as of the end of September 2009. The administrative and program/projects categories are in line overall with the expectations of the budget with the following exceptions: • Office lease and utilities are slightly over as a result of the rent payment due by the first of each month. The October rent was paid on September 24, 2009. • Construction reports a negative actual amount as a result of the accounting for an estimated expenditure accrual for construction provided as of June 30, 2009, but not yet invoiced through September 2009. • Commuter Assistance reports a negative actual amount as a result of the accounting for an estimated expenditure accrual for the detection project construction provided as of June 30, 2009, but not yet invoiced through September 2009. Intergovernmental distributions are one-time LTF payments made based on claims submitted by Coachella Valley Association of Governments and WRCOG. Any unused funds in this category are related to the planning and programming departmental expenditures not yet claimed. A separate agenda item includes WRCOG's request for its allocation amount. Capital outlay reports a negative amount. This resulted from the estimated expenditure accrual for office and computer improvements made as of June 30, 2009, but not yet invoiced through September 30, 2009. Debt service interest expenditures are made in December and June, while principal payments are made in June. Staff will continue to monitor the revenues and expenditures and will notify the Commission of any unusual events. Attachment: September 2009 Quarterly Financial Statements Agenda Item 8A 32 • • •t change in fund balances (89,943,500) (13,661,747) 76,281,753 15% Fund balance July 1, 2009 406,095,000 456,243,471 50,148,471 112% Fund balance September 30, 2009 $ 3165a1,500 $ 442,581,724 $ 126,430,224 140% RIVERSIDE COUNTY TRANSPORTATION COMMISSION • DESCRIPTION Revenues Sales tax Federal, state and local government reimbursements Transportation Uniform Mitigation Fee (TUMF) Other revenues Interest Total revenues QUARTERLY BUDGET VS ACTUAL 1ST QUARTER FOR THREE MONTHS ENDED 09/30/2009 FY 2009110 1ST QUARTER REMAINING PERCENT BUDGET ACTUAL BALANCE UTILIZATION 209,141,900 $ 18,240,690 $ (190,901,210) 9% 79,694,600 544,550 (79,150,050) 1% 11,600,000 - (11,600,000) 0% 506,100 565,836 59,736 112% 3,419,100 3,270 (3,415,830) 0% 304,361,700 19,354,346 (285,007,354) 6% Expenditures Administration Salaries and benefits 1,460,700 285,407 1,175,293 20% General legal services 116,000 16,077 99,923 14% Professional services 2,537,600 270,466 2,267,134 11% Office lease and operations 968,900 532,554 436,346 55°% General administrative expenditures 410,100 85,031 325,069 21% Total administration 5,493,300 1,189,535 4,303,766 22% Programs/projects Salaries and benefits 4,602,600 732,885 3,869,715 16°% General legal services 4,229,500 113,995 4,115,505 3°% Professional services 10,063,300 554,240 9,509,060 6°% General projects 7,129,200 99,454 7,029,746 1°% Engineering 59,519,900 2,177,026 57,342,874 4°% Construction 67,910,300 (1,381,578) 69,291,878 -2°% ghtofway/Land 129,202,800 7,163,898 122,038,902 6% sign Build 8,425,000 8,425,000 0°% Local streets and roads 35,908,900 2,296,056 33,612,844 6°% Regional arterial 15,583,400 937,403 14,645,997 6°% Commuter assistance 4,521,500 (389,269) 4,910,769 -9°% LTF and STA distributions 79,862,500 17,462,165 62,400,335 22% Motorist assistance 2,840,600 366,348 2,474,252 13°% Planning and programming services 9,614,300 221,525 9,392,775 2% Right of way management 552,800 44,040 508,760 8°% Rail operations and maintenance 2,850,400 514,928 2,335,472 18% Specialized transit 8,979,400 930,017 8,049,383 10% Total programs/projects 451,796,400 31,843,131 419,953,268 7°% Intergovernmental distribution Capital outlay 900,000 900,000 0% 1,110,500 (131,940) 1,242,440 -12% Debt service Principal 182,395,000 - 182,395,000 0% Interest 12,610,000 115,367 12,494,633 1°% Total debt service 195,005,000 115,367 194,889,633 0°% Total expenditures 654,305,200 33,016,092 621,289,108 5°% Excess of revenues over (under) expenditures (349,943,500) (13,661,747) 336,281,753 -4°% Other financing sources/uses Operating transfer in 243,482,600 954,700 (242,527,900) 0°% Operating transfer out 243,482,600 954,700 242,527,900 0°% Bond proceeds 260,000,000 (260,000,000) 0% Total financing sources/uses 260,000,000 (260,000,000) 0% 9iL'LH 299 S 291'2L£'Z/ $ 91'9SCLE S 62C'SCL ti£ ! 150'395'26 $ C51'900'92 $ 196 552 95 8 909'9025 S 106'29 $ 923'929'292 $ 506'201.'9 S 23Z'Z1L'91 S 6002'02 Jequelde4 aoueleq pund 'L9C92"BS9 29LYLC'29 (SL£'6£0'0£) 62C'5C1 L96'996'CO 25899092 LOD"LOC'99 922191'5 L9299 C21'992'9E2 903'999'9 619'501'01 (Lae L99'tt) (men t'A (969'869'0 (609'82) (990'155'£U 09C'991 49461 909299't (665'002) 999'999'9 oDL'Ise - - 002'950 000005 002'956 - - 002'959 000'005 • Q9219910 (zee'91L'L) 1969'669'1) (669'BLI (990'155'91) 622'991 99961 209299'9 (0090C2) 999"999'9 260'9161g L9£'SLl L9C'911 itIV51.1 ;scam ledlsulld aalneas tgap (098'190 - - - - - - (999'061) Aeons lepde0 ualasdasm leluawwanoOssod 100'911'! !9C'511 9611662'1 669'62 99929941 299'BB9t 099'95 6926592 208'919 LLD '9922 6002'L A'np aoueleq pund seouemq pun/ w a6usuo IsN saen/samnos Culoueu5 moy spamamd puag 'no Jamuul 6uamd0 ul. taleuea Bwleied0 sasnmaanos 6upueuN saat0 svn9pusdae (Alms) JOAO sanuenw sssox3 mapuatlaa lemy LC l'C49'LC 992'969'9 969'860'1 09915 LC9'695'2 2100E8 926'9L5 010'99 529'122 99£'99C 691'299L1 (992'89C) C09'!C6 950'962'2 269'991'2 (925'19E4) 920'221'2 90'68 092'955 568'£tl 599'2CL 545'991'1 IC019 955'2£5 999'DL2 LL0'91 L99'592 990'050'61 042— C 929'595 055'945 069'092'91 $ 529E99'9 CLL'896'1 99WEl l 929901 96 9CC'901 052'C 052C S 9 669'82 669'62 250101' 1 990'522 2L 1'6 06 021'91 82049 999'29C'Ll 999'229'21 - 009 1C9'£ 9 S 001'1£9't 1V101 30IAN3S WVBOOBd NOLL0n81SN00 (Awns.) 30NV19144V 03N191A100 1830 83d Vd A1N000 394 NOLLY0LLIW 119011181 180183W100 NN3153M W21041N11 31V/6 NOLL1118048NV81 • 290'669'1 914203 • £09LC6 520'069 99'9S 151'095'1 12ltlal (915'19C'1) 6122 29206 299'62C 9CVOL 229'09£ 909'95 209'9L£ 2999021 926415 09099 SZg'LZ2 94£'99£ 690'111 920'1 651'51 L292 252'262 90 PC90't 906'99 955'2C5 2£1'99l LLO'91 109'592 229'999'2 995'92 259'1929 CO2091 9592101 02 222'230 - 090961 990'009 £02991 $ 229990'2 S 993'92 S 9I5'0295 9 S 0629149 9 CNN A311 VA A311VA A1N000 33V5 (kind NOLLV180d6911/81 V113H0V00 3083A 9183153M /d64 1V83N30 1V001 OIVd V 38n6V3W 8002/09/60 030N3 9111NOW 338141 BOA 8318Yn01S1 ONnd A9 6l YOl3v A12131NVn0 NOISSIW100 NOLLV11 A LN/100 301583A18 aopuas lamp Imtol spalmd/sue)Bad day owed armloads aoueuaNiew pus suo9emalo llaN tuaueBeueut Fern la 1aB18 %moms 6uluuel6md pus Bumaw eouslslsse/spolopl suollsa PlslP V13 Pus All aoasasse la llusuo0 leave leuoi6N1 spent pue 910048 legal HOB U61000 puel/Aem Io 14818 volmmisuo0 6uueauleu3 stoeloxl magas anal leualssatmd moms Os]leseua0 sa mueq pue somas slaelasd/suel8otd uolleaau uPe left semppuedxe NNtegslulupe mmuNO saplUOn pue aces'so610 moues'euolssa/old sep ues /Oal'uaua0 slgauaq pue saaeleS uolleuslulupY samdpueda3 sanuem p110y lsaialu' enuaneJ iNgO (AWfll) aad uane3111141 u,N011 uogepadsucy sluawmsmqulat luaumano6 moo' pue alels'eloped al smle$ sanaanag NOI1dI210430 • AGENDA ITEM 8B • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Extension of Coachella Valley Association of Governments Advance Funding Agreement Repayment Term STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 06-31-517-01, Amendment No. 1 to Agreement No. 06-31-517, with the Coachella Valley Association of Governments (CVAG) to modify the repayment term to 20 years; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: At its September 14, 2005 meeting, the Commission approved Agreement No. 06-31-517 with the CVAG to advance up to $43.3 million of 2009 Measure A Coachella Valley highway and regional arterial funds utilizing proceeds from the Commercial Paper Program. The advance funding was to be used for an approved list of transportation projects in the Coachella Valley including local jurisdiction regional projects and Multi -Species Habitat Conservation Plan land mitigation acquisition. The terms of the agreement included repayment over a 10-year period beginning in September 2009, by applying a portion of CVAG's 2009 Measure A highway and regional arterial funds. As per the attached correspondence from CVAG, it is requesting a modification to the repayment terms from 10 years to 20 years. Since the Commission's sales tax revenue bonds issued in October 2009 mature over a 20-year period, staff concurs with this request. Accordingly, staff recommends that the Commission approve Agreement No. 06-31-517-01, Amendment No. 1 to Agreement No. 06-31-517, to modify the repayment term to a 20-year period. Attachment: CVAG Letter Dated December 10, 2009 Agenda Item 8B 35 CVAG • COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City • Coachella • Desert Hot Springs • Indian Wells • Indio • La Duinta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside. • Ague Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians December 10, 2009 Ms. Anne Mayer Executive Director Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502-2208 Dear Ms. Mayer, With reference to Agreement No. 06-31-517 dated November 17, 2005 between the Riverside County Transportation Commission (RCTC) and the Coachella Valley Association of Governments (CVAG), and as per our Executive Committee's action at their meeting dated December 7, 2009, CVAG would like to formally request that the Bond payback period be extended from one hundred -twenty (120) monthly installments to two hundred -forty (240) monthly installments. Thank you for your time on this matter and please do not hesitate to call me if you have any questions. Regards, COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Tom Kirk Executive Director cc Allyn Waggle, Deputy Executive Director, CVAG Gary Leong, Director of Admin. Services, CVAG 73-710 Fred Waring Drive, Suite 200 • Palm DeseA6CA 92260 • (760) 346-1127 • FAX (760] 340-5949 • AGENDA ITEM 8C • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Gregory Moore, Procurement and Assets Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreements with Qualified Contractors to Provide On -Call STAFF RECOMMENDATION: This item is for the Commission to: 1) Award the following agreements to provide on -call property maintenance and repair services for a three-year period, inclusive of a single -year option to extend the agreements, in an amount that is not to exceed an aggregate value of $1.5 million; a) Agreement No. 10-51-038-00 with Warren Bros. Tractor Work; b) Agreement No. 10-51-039-00 with Sunshine Landscape and Maintenance, Inc.; c) Agreement No. 10-51-040-00 with Real Estate Consulting & Services, Inc.; d) Agreement No. 10-51-041-00 with Zamiski Construction; e) Agreement No. 10-51-042-00 with Pest Options, Inc.; and f) Agreement No. 10-51-043-00 with Carry -All LLC; 2) Authorize the Executive Director, or designee, to execute task orders competed among and awarded to contractors under the terms of the agreement(s); and 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. BACKGROUND INFORMATION: The Commission's Right of Way Department is responsible for the maintenance and management of over 600 real estate parcels throughout Western Riverside County, varying in size from one to just over fifty-five acres. Certain parcels are developed, and others are vacant land. The Commission -owned properties must be maintained in accordance with relevant codes, regulations, and local ordinances, including timely responses to local code enforcement citations and scheduled seasonal fire abatement requirements. 37 Agenda Item 8C The Commission requires the services of one or more qualified contractors to provide a variety of maintenance and repair services for Commission -owned properties, parcels and appurtenances. In order to maximize competitive pricing and provide adequate resources to address the sizeable and varied workload, staff recommends the establishment of an on -call bench of three to six qualified contractors to provide weed abatement, vegetation control, litter and debris removal, and fence and sign repair services. A task order type of contract was chosen, because the nature and scope of the anticipated services are clear; however, the timing, quantity, and delivery of the required services are uncertain. Further, the competitive task order format ensures that the Commission is getting a fair and reasonable price for services provided under each task order awarded by the Commission. Procurement Process The weighted factor method of source selection was determined by staff to be the most appropriate for this procurement, as it allows the Commission to identify the most advantageous proposal with price and other factors considered. Non -price factors include elements such as experience, the relative qualifications of the firms, and their ability to respond to the requirements set forth under the terms of request for proposals (RFP) No. 10-51-026-00. RFP No. 10-51-026-00 was released by staff and advertised on October 29, 2009. A pre -proposal meeting was held on November 10, 2009, and was attended by approximately 10 firms. Commission staff responded to all questions submitted by potential proposers prior to the December 2, 2009 deadline date. Seven firms - Warner Water Works, Real Estate Consulting & Services, Inc., Sunshine Landscape and Maintenance, Inc., Carry -All LLC, Zamiski Construction, Pest Options, Inc., and Warren Bros. Tractor Work- submitted proposals prior to the stated deadline. Each of the seven firms submitted responsive and responsible proposals. Accordingly, the firms' proposals were evaluated and scored, based upon the evaluation criteria set forth in the RFP, by an evaluation committee comprised of Commission and Bechtel staff. The evaluation process was used to analyze the merits of each submitted proposal according to the stated criteria and, based on that information, the evaluation committee made its selection decision. Because the on -call bench was limited to a maximum of six firms under the terms of the RFP, Warner Water Works was eliminated from the list of awardees based on its total evaluation score relative to the other proposers. The remaining firms, in descending order, ranked as follows: Warren Bros. Tractor Work; Sunshine Landscape and Maintenance, Inc.; Real Estate Consulting & Services, Inc.; Zamiski Construction; Pest Options, Inc.; and Carry -All LLC. 38 • • • Agenda Item 8C • • The respective proposers' rates are considered fair and reasonable based upon adequate price competition. Further, if the agreements are awarded, each task order issued by the Commission will be competed among the on -call bench contractors to ensure fair and reasonable pricing is established for the required services. On -Call Bench Contractors Warren Bros. Tractor Work, based in Corona, has provided weed abatement services for public clients since 1979. Current clients include the city of Corona and the county of Orange. Sunshine Landscape and Maintenance, Inc., based in Corona, has provided residential and commercial weed abatement and maintenance services since 1974. Real Estate Consulting & Services Inc., based in Tustin, has provided property and facility management services for its public and private sector clients since 2003. Zamiski Construction, with offices in Temecula and Ontario, was established in 1995 and provides a variety of maintenance, site clean-up and weed abatement services. Pest Options Inc., based in Anaheim, has provided weed abatement solutions for public and private sector customers since 1956. Pest Options services various cities, school districts, and transportation agencies in six counties. Carry -All LLC has provided trash hauling and weed abatement services for its clients since 2006, and is based in Corona. Accordingly, staff recommends an award to the aforementioned contractors for on -call maintenance and repair services. The total not to exceed amount of $1.5 million for all six agreements for a three-year period of performance, inclusive of a single -year option, is an aggregate amount that is based upon historical cost experience of the Commission for comparable services and the anticipated service requirements for recent real estate acquisitions in the Corona area. Financial Information In Fiscal Year Budget: Yes No No No Year: FY 2009/10 FY 2010J11 FY 2011/12 FY 2012/13 Amount: $156,000 500,000 500,000 344,000 Source of Funds: Measure A, Lease Revenues Budget Ad ustment: No GLA No.: 105 51 73301 105 52 73301 Fiscal Procedures Approved: \ Lvitajzno Date: 12/24/2009 39 Agenda Item 8C • AGENDA ITEM 8D • • • RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Shirley Medina Programming and Planning Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreements for Constructing and Funding the State Route 60/Interstate 215 East Junction High Occupancy Vehicle Lanes Connector STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve programming $17.722 million of federal Congestion Mitigation and Air Quality (CMAQ) funds and $770,000 of the Commission's Rail Program lease proceeds funds for construction of the 60/215 East Junction High Occupancy Vehicle (HOV) lanes project; and 2) Authorize the Executive Director, pursuant to legal counsel review, to execute Cooperative Agreement No. 10-31-018-00 (Caltrans Agreement #08-1451) with Caltrans and related funding, construction, operations and maintenance, and utility agreements with Caltrans, Southern California Edison and the county of Riverside associated with constructing the 60/215 East Junction HOV project. BACKGROUND INFORMATION: The 60/215 East Junction HOV connector project, between Box Springs Road overcrossing and Day Street, is scheduled to begin construction by fall 2010. This project will close the gap that exists between the SR-60 HOV lanes in Moreno Valley and the HOV lanes on 1-215 that were recently completed as part of the 1-215 interchange and corridor improvement project. Currently the project is programmed in the 2008 State Transportation Improvement (STIP) with $8.117 million of Regional Improvement Program (RIP) funds, and $20.733 million of STIP Interregional Improvement Program (IIP) funds for a total of $28.85 million for the construction phase. Caltrans is responsible for programming STIP IIP funds, and Caltrans programmed these funds on the 60/215 East Junction HOV project as a payback to the Commission for previously funding the state's share of the SR-60 HOV project, from Valley Way to the 1-15, and the SR-91 Green River interchange project due to a budget crisis that occurred at the time these projects were ready for construction. A Master Agreement between Caltrans Agenda Item 8D 40 and the Commission was executed in March 2006, which formalized the loan repayment. A construction budget totaling $47.342 million was approved at the October 2007 Commission meeting, with $18.492 million identified as the shortfall. The agenda item cited federal Surface Transportation Program (STP) and/or CMAQ funds as potential funding sources to cover the shortfall. In reviewing currently available fund sources, staff proposes to fund the shortfall with Rail Program lease proceeds, in the amount of $770,000, and $17.722 million in federal CMAQ funds. The lease proceeds will be used to fund construction of a tie -back wall that is required for the Perris Valley Line project. The construction phase is proposed to be funded as follows: Fund Source Amount STIP-IIP $20,733,000 STIP-RIP 8,1 17,000 *Rail Program Lease Proceeds 770,000 *CMAQ 17,722,000 Total $47,342,000 *Pending Commission approval. Construction Cooperative Agreement Due to the project's complexity and Caltrans' familiarity with the project area from the design sequencing project, Caltrans will advertise, award, and administer (AAA) the construction contract. This will require a construction cooperative agreement between the Commission and Caltrans (Attachment 1). A construction cooperative agreement will define the roles, responsibilities, and funding obligations between the Commission and Caltrans during construction of the project. This agenda item seeks the Commission's authorization for the Executive Director or designee, pursuant to legal counsel review, to execute the Caltrans construction cooperative agreement for the project. Operations and Maintenance Agreement Part of the amendment to the project scope included the widening of the 1-215 North Box Springs overhead structure to its ultimate width as well as the realignment and reconstruction of Riverside County's Box Springs Road and the Box Springs Road overhead structure. These two structures are located directly above San Jacinto Branch Line (SJBL), which the Commission owns. For Caltrans to construct, inspect, and maintain the structures, a no cost overhead (construction, operations, and maintenance) agreement will be required for the North Box Springs overhead bridge structure. This agreement will be a two-party agreement between the Commission and Caltrans and will authorize Caltrans to Agenda Item 8D 41 • • • • • • enter the Commission's property to construct the structure and any other necessary improvements. The agreement will also detail the responsibilities of the two parties and will require Caltrans to coordinate any construction work within the rail right of way with Burlington Northern Santa Fe Railway (BNSF) operations. This coordination will require Caltrans to procure BNSF flagging protection during the project. Upon completion of the project, Caltrans will be authorized by this agreement to enter the Commission property to perform inspection and maintenance of the structure. This agreement will not result in the exchange of funds but will only detail the requirements, responsibilities, and liabilities of each party. For the realignment and reconstruction of Box Springs Road overhead structure, owned by the county of Riverside, a three party agreement will be required between the Commission, Caltrans and Riverside County. This no cost construction, operations and maintenance agreement will allow Caltrans to construct the county -owned structure. It will also allow county personnel to enter the Commission's property to inspect and maintain the Box Springs Road overhead structure. Utilities Agreement The project will also require a utilities agreement with Southern California Edison for the relocation and removal of utility poles. The estimated cost for this work is approximately $57,000 and the Commission previously approved right-of-way funding at the September 2007 Commission meeting. This agenda item seeks to authorize the Executive Director to enter into an agreement with Southern California Edison to remove and relocate utility poles. The above construction, operating and maintenance, and utilities agreements will not have any financial impact to the Commission's budget. The CMAQ funds are administered by Caltrans and will have no financial impact to the Commission's budget. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2009/10 FY 2010/11 Amount: $ 57,600 $770,000 Source of Funds: Measure A CMAQ Rail Pro gl ram Lease Proceeds Budget Adjustment: No N/A GL/Project Accounting No. 222 31 81401 P3017 222 31 81301 P3017 $57,600 $770,000 Fiscal Procedures Approved: \liffAmtojtte, Date: 12/16/2009 Attachment: Caltrans Cooperative Agreement 42 Agenda Item 8D 08-R I V-215-R38.02/R38.92 08-Riv-60-PM 12.05/13.35 EA: 44931 Federal Funds District Agreement 08-1451 COOPERATIVE AGREEMENT This agreement, effective on , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: Riverside County Transportation Commission, a political subdivision of the State of California, referred to as RCTC. RECITALS I. CALTRANS and RCTC, collectively referred to as PARTNERS, are authorized to enter into a cooperative agreement for improvements within the SHS right of way per Streets and Highways Code sections 114 and/or 130. 2. WORK completed under this agreement contributes toward the construction of two (2) high occupancy vehicle lanes on Interstate 215 (I-215) between State Route (SR) 60/SR- 91/I-215 and I-215/SR-60 Interchange (East Junction), re -align the existing northbound 1-215 ramp to the westbound SR-60, and widen Box Springs Road from two (2) to four (4) through lanes between Morton Road and Box Springs Road/Fair Isle Drive Interchange, referred to as PROJECT. 3. PARTNERS will cooperate to complete the construction phase of Project. 4. This agreement is separate from and does not modify or supersede prior Cooperative Agreements Nos. 8-692, 08-1290, 08-1291 and 08-1299. 5. Prior to this agreement, CALTRANS developed the Project Initiation Document; CALTRANS developed the Project Report; RCTC developed the Plans, Specifications and Estimate; and RCTC developed the Right of Way Certification. 6. CALTRANS prepared the Environmental Impact Report/Environmental Impact Statement (EIR/EIS) for PROJECT. RCTC prepared an Addendum to the EIR and the permitting for PROJECT. 7. The estimated date for COMPLETION OF WORK is June 30, 2015. 8. PARTNERS now define in this agreement the terms and conditions under which they will accomplish WORK. PACT Version 9.1 3.31.08 43 1of17 District Agreement 08-1451 DEFINITIONS CALTRANS STANDARDS — CALTRANS policies and procedures, including, but not limited to, the guidance provided in the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://wwvv.dot.ca.gov/hq/projmgmt/guidance.htm. CEQA — The California Environmental Quality Act (California Public Resources Code, sections 21000 et seq.) that requires State and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible. COMPLETION OF WORK — All PARTNERS have met all scope, cost, and schedule commitments included in this agreement and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. CONSTRUCTION — The project component that includes the activities involved in the administration, acceptance, and final documentation of a construction contract for PROJECT. COOPERATIVE AGREEMENT CLOSURE STATEMENT — A document signed by PARTNERS that verifies the completion of all scope, cost, and schedule commitments included in this agreement. FHWA — Federal Highway Administration. FHWA STANDARDS — FHWA regulations, policies and procedures, including, but not limited to, the guidance provided at http://www.fhwa.dot.gov/programs.html. FUNDING PARTNER — A partner who commits a defined dollar amount to WORK. FUNDING SUMMARY - The table in which PARTNERS designate funding sources, types of funds, and the project components in which the funds are to be spent. Funds listed on the FUNDING SUMMARY are "not -to -exceed" amounts for each FUNDING PARTNER. HM-1 — Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. HM-2 — Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by PROJECT. HM MANAGEMENT ACTIVITIES — Management activities related to either HM-1 or HM-2 including, without limitation, any necessary manifest requirements and disposal facility designations. PACT Version 9.1 5-28-09 2 of 17 44 • District Agreement 08-1451 IMPLEMENTING AGENCY — The partner responsible for managing the scope, cost, and schedule of a project component to ensure the completion of that component. IQA — Independent Quality Assurance — Ensuring that IMPLEMENTING AGENCY'S quality assurance activities result in WORK being developed in accordance with the applicable standards and within an established Quality Management Plan. IQA does not include any work necessary to actually develop or deliver WORK or any validation by verifying or rechecking work performed by another partner. NEPA — The National Environmental Policy Act of 1969 that establishes a national policy for the environment and a process to disclose the adverse impacts of projects with a federal nexus. PARTNERS — The term that collectively references all of the signatory agencies to this agreement. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one partner's individual actions legally bind the other partners. PROJECT MANAGEMENT PLAN — A group of documents used to guide a project's execution and control throughout the project's lifecycle. RESIDENT ENGINEER — A civil engineer licensed in the State of California who is responsible for construction contract administration activities. Said engineer shall be independent of the design engineering company and the construction contractor. SAFETEA-LU — The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, signed into federal law on August 10, 2005. SCOPE SUMMARY — The table in which PARTNERS designate their commitment to specific scope activities within each project component as outlined by the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://www.dot.ca.gov/hq/projmgmt/guidance.htm. SHS — State Highway System. SPONSOR(S) — The partner that accepts the obligation to secure financial resources to fully fund WORK. This includes any additional funds beyond those committed in this agreement necessary to complete the full scope of WORK defined in this agreement or settle claims. SFM (State Furnished Material) — Any materials or equipment supplied by CALTRANS. WORK — All scope and cost commitments included in this agreement. PACT Version 9.1 5-28-09 45 3of17 District Agreement 08-1451 RESPONSIBILITIES 9. RCTC is SPONSOR for all WORK. 10. CALTRANS and RCTC are FUNDING PARTNERS for this agreement. Their funding commitments are defined in the FUNDING SUMMARY. 11. CALTRANS is the CEQA lead agency for PROJECT. 12. CALTRANS is the NEPA lead agency for PROJECT. 13. CALTRANS is IMPLEMENTING AGENCY for CONSTRUCTION. SCOPE Scope: General 14. All WORK will be performed in accordance with federal and California laws, regulations, and standards. All WORK will be performed in accordance with FHWA STANDARDS and CALTRANS STANDARDS. 15. IMPLEMENTING AGENCY for a project component will provide a Quality Management Plan for that component as part of the PROJECT MANAGEMENT PLAN. 16. In the event that CAL TRANS requires a change in design standards, implementation of those new or revised design standards shall be done in accordance with CALTRANS' Highway Design Manual, Section 82.5, "Effective Date for Implementing Revisions to Design Standards." CALTRANS shall consult with RCTC in a timely manner regarding the effect of proposed and/or required PROJECT changes. 17. RCTC may provide IQA for the portions of WORK outside existing and proposed SHS right of way. 18. PARTNERS may have a qualified representative observe any scope, cost, or schedule commitments performed by another partner. Observation does not constitute authority over those commitments. 19. RCTC shall participate with CALTRANS in defining the scope of WORK. 20. Each partner will ensure that all of their personnel participating in WORK are appropriately qualified to perform the tasks assigned to them. PACT Version 9.1 5-28-09 46 4of17 District Agreement 08-1451 21. PARTNERS will invite each other to participate in the -selection and retention of any consultants who participate in WORK. 22. PARTNERS will conform to sections 1720 —1815 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations if PROJECT work is done under contract (not completed by a partner's own employees) and is governed by the Labor Code's definition of a "public work" (section 1720(a)(1)). PARTNERS will include wage requirements in all contracts for "public work" and will require their contractors and consultants to include prevailing wage requirements in all agreement -funded subcontracts for "public work". 23. IMPLEMENTING AGENCY for each project component included in this agreement will be available to help resolve WORK -related problems generated by that component for the entire duration of PROJECT. 24. CALTRANS will issue, upon proper application, at no cost, the encroachment permits required for WORK within SHS right of way. Contractors and/or agents, and utility owners will not perform WORK without an encroachment permit issued in their name. 25. If unanticipated cultural, archaeological, paleontological, or other protected resources are discovered during WORK, all work in that area will stop until a qualified professional can evaluate the nature and significance of the discovery and a plan is approved for its removal or protection. 26. PARTNERS will hold all administrative draft and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for PROJECT in confidence to the extent permitted by law. Where applicable, the provisions of California Government Code section 6254.5(e) will govern the disclosure of such documents in the event that PARTNERS share said documents with each other. PARTNERS will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete WORK without the written consent of the partner authorized to release them, unless required or authorized to do so by law. 27. If any partner receives a public records request, pertaining to WORK under this agreement, that partner will notify PARTNERS within five (5) working days of receipt and make PARTNERS aware of any transferred public documents. PARTNERNS will consult with each other prior to the release of any public document related to the PROJECT and provided by the other partner. PACT Version 9.1 5-28-09 5 of 17 47 District Agreement 08-1451 28. If HM-1 or HM-2 is found during WORK, IMPLEMENTING AGENCY for the project component during which it is found will immediately notify PARTNERS. 29. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within existing SHS right of way. CALTRANS will undertake HM-1 MANAGEMENT ACTIVITIES with minimum impact to PROJECT schedule. 30. If HM-1 is found outside existing SHS right of way, responsibility for such HM-1 rests with the owner(s) of the parcel(s) on which the HM-1 is found. RCTC, in concert with the local agency having land use jurisdiction over the parcel(s), will ensure that HM-1 MANAGEMENT ACTIVITIES are undertaken with minimum impact to Project schedule. 31. CALTRANS will be responsible for HM-2 MANAGEMENT ACTIVITIES. 32. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition. 33. PARTNERS will comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each partner's responsibilities in this agreement. 34. CALTRANS will furnish RCTC with written monthly progress reports which describes the work performed by CALTRANS and its contractors, including invoices and payroll information, the work and completed during the reporting period with pertinent contract data such as change orders issued, cumulative costs of change orders, progress payments made (reported in dollars), and percentage progress achieved to date, all in accordance with CALTRANS' standard accounting practices. In addition to, or as part of the above progress report, CALTRANS will furnish RCTC with an analysis of current PROJECT risks, including cost, schedule, quality and safety points, as well as a total PROJECT cost and schedule completion forecast. 35. Upon COMPLETION OF WORK, ownership and title to all materials and equipment constructed or installed as part of WORK within SHS right of way become the property of CALTRANS. 36. IMPLEMENTING AGENCY for a project component, with RCTC's prior concurrence, will accept, reject, compromise, settle, or litigate claims of any non -agreement parties hired to do WORK in that component. 37. PARTNERS will confer on any claim that may affect WORK, PROJECT costs or PARTNERS' liability or responsibility under this agreement in order to retain resolution possibilities for potential future claims. No partner shall prejudice the rights of another partner until after PARTNERS confer on claim. PACT Version 9.1 5-28-09 48 6of17 District Agreement 08-1451 38. PARTNERS will maintain and make available to each other all WORK -related documents, including financial data, during the term of this agreement and retain those records for four (4) years from the date of termination or COMPLETION OF WORK, or three (3) years from the date of final federal voucher, whichever is later. Source documentation, including invoices and time -sheets will be maintained for a period no longer than five (5) years from the date of the original expenditure. 39. PARTNERS have the right to audit each other in accordance with generally accepted govemmental audit standards. CALTRANS, the State auditor, FHWA, and RCTC will have access to all WORK -related records of each partner for audit, examination, excerpt, or transaction. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The audited partner will review the preliminary audit, findings, and recommendations, and provide written comments within 60 calendar days of receipt. Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs arising out of the dispute resolution process will be paid within 30 calendar days of the final audit or dispute resolution findings. 40. PARTNERS consent to service as permitted by law. 41. PARTNERS will not incur costs beyond the funding commitments in this agreement. If IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to complete WORK, IMPLEMENTING AGENCY will immediately notify SPONSOR(S). SPONSOR(S) will seek out additional funds and PARTNERS will amend this agreement. 42. If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities impacted by WORK in a safe and operable condition acceptable to CALTRANS. 43. If WORK stops for any reason, PARTNERS are still obligated to implement all applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, as they apply to each partner's responsibilities in this agreement, in order to keep PROJECT in environmental compliance until WORK resumes. 44. Each partner accepts responsibility to complete the activities that they selected on the SCOPE SUMMARY. Activities marked with "N/A" on the SCOPE SUMMARY are not included in the scope of this agreement. PACT Version 9.1 5-28-09 49 7of17 District Agreement 08-1451 Scope: CONSTRUCTION 45. CALTRANS will advertise, open bids, award, and approve the construction contract in accordance with the. Public Contract Code and the California Labor Code. CALTRANS will not advertise the construction contract until CAL TRANS completes or accepts the final plans, specifications, and estimate package; CALTRANS approves the Right of Way Certification; and FUNDING PARTNERS fully fund WORK. By accepting responsibility to advertise and award the construction contract, CALTRANS also accepts responsibility to administer the construction contract. 46. CALTRANS will provide a RESIDENT ENGINEER and construction support staff who are independent of the design engineering company and construction contractor. 47. RCTC will ensure that the consultant who prepared the PS&E package will remain available to dress design issues that may arise during Construction. 48. PARTNERS will implement changes to the construction contract through contract change orders (CCOs). CALTRANS will notify RCTC of all potential CCOs as they arise. PARTNERS will review and concur on all CCOs over $100,000. All CCOs affecting public safety or the preservation of property, all design and specification changes, and all major changes as defined in the CAL TRANS Construction Manual will be approved by CALTRANS in advance of the CCO work to be performed. 49. PARTNERS will use a CALTRANS-approved construction contract claims process, will administer all claims through said process, and will be available to provide advice and technical input in any claims process. 50. If the lowest responsible construction contract bid (plus estimated contingencies, supplemental costs and State Furnished Material costs) is equal to or less than the amount shown on the FUNDING SUMMARY for CONSTRUCTION Capital, CALTRANS may award the contract. If the lowest responsible construction contract bid is greater than the amount shown on the FUNDING SUMMARY for CONSTRUCTION Capital, all PARTNERS will convene within three (3) business days to determine how to proceed. If PARTNERS do not agree in writing on a course of action within 15 working days, this agreement will terminate. 51. CALTRANS will require the construction contractor to furnish payment and performance bonds naming CALTRANS as obligee and to carry liability insurance in accordance with CALTRANS specifications. CALTRANS will require the construction contractor to add RCTC and its consultants as an additional insure under such liability insurance policies. 52. CALTRANS will renew, extend, and/or amend all resource agency permits as necessary. PACT Version 9.1 5-28-09 8 of 17 50 District Agreement 08-1451 53. CALTRANS will provide maintenance for those portions of the SHS within WORK limits until COMPLETION OF WORK, after which, CALTRANS assumes full responsibility for maintenance. COST Cost: General 54. SPONSOR(S) will secure funds for all WORK including any additional funds beyond the FUNDING PARTNERS' existing commitments in this agreement. Any change to the funding commitments outlined in this agreement requires an amendment to this agreement. 55. The cost of any awards, judgments, or settlements generated by WORK is a WORK cost. 56. CALTRANS, independent of PROJECT, will pay all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within existing SHS right of way. 57. RCTC, independent of PROJECT, will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to any HM-1 found within PROJECT limits and outside of existing SHS right of way. 58. HM MANAGEMENT ACTIVITIES costs related to HM-2 are a WORK PROJECT CONSTRUCTION cost. 59. The cost of coordinating, obtaining, complying with, implementing, and if necessary renewing and amending resource agency permits, agreements, and/or approvals is a WORK cost. 60. The cost to comply with and implement the commitments set forth in the environmental documentation is a WORK cost. 61. The cost to ensure that PROJECT remains in environmental compliance is a WORK cost. 62. The cost of any legal challenges to the CEQA or NEPA environmental process or documentation is a WORK cost. 63. Independent of WORK costs, RCTC will fund the cost of its own IQA for WORK done outside existing or proposed future SHS right of way. 64. Fines, interest, or penalties levied against any partner will be paid, independent of WORK costs, by the partner whose actions or lack of action caused the levy. That partner will indemnify and defend all other partners. PACT Version 9.1 5-28-09 51 9of17 District Agreement 08-1451 65. CALTRANS will administer all federal subvention funds identified on the FUNDING SUMMARY. 66. The cost to place PROJECT right of way in a safe and operable condition and meet all environmental commitments is a WORK cost. 67. Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and schedule of a project component, if there are insufficient funds available in this agreement to place the right of way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY accepts responsibility to fund these activities until such time as PARTNERS amend this agreement. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 68. If there are insufficient funds in this agreement to implement applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, the partner implementing the commitments or conditions accepts responsibility to fund these activities until such time are PARTNERS amend this agreement. That partner may request reimbursement for these costs during the amendment process. 69. PARTNERS will pay invoices within 30 calendar days of receipt of invoice. 70. FUNDING PARTNERS accept responsibility to provide the funds identified on the FUNDING SUMMARY. 71. SPONSOR(S) accepts responsibility to ensure full funding for the identified scope of work. 72. The costs associated with a qualified RCTC field representative to observe WORK shall be a WORK cost. Cost: CONSTRUCTION Support 73. The cost to maintain the SHS within WORK limits is WORK cost until COMPLETION OF WORK, after which CALTRANS assumes the cost of maintenance. Cost: CONSTRUCTION Capital 74. CALTRANS will fund the cost of STATE -FURNISHED MATERIAL as a CONSTRUCTION capital cost. PACT Version 9.1 5-28-09 10 of 17 52 District Agreement 08-1451 75. The following partners will submit invoices for CONSTRUCTION Capital: • CALTRANS will invoice RCTC 76. PARTNERS will exchange funds for actual costs. CALTRANS will invoice RCTC for an initial deposit of $3570001,799,375 thirty (30) working days prior to the construction contract bid advertisement date. This deposit represents one (1) months' estimated capital costs. Thereafter, CALTRANS will submit to RCTC monthly invoices based on the prior month's actual expenditures. CALTRANS will provide monthly expenditure reports to support each invoice. After PARTNERS agree that all Scope activities are complete, CALTRANS will submit a final accounting for all WORK costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the obligation of this agreement. SCHEDULE 77. PARTNERS will manage the schedule for WORK through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 78. This agreement will be understood in accordance with and governed by the Constitution and laws of the State of California. This agreement will be enforceable in the State of California. Any legal action arising from this agreement will be filed and maintained in the Superior Court of the county in which the CALTRANS district office signatory to this agreement resides. 79. All obligations of CALTRANS under the terms of this agreement are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 80. Any PARTNER who performs IQA does so for its own benefit, further, that PARTNER cannot be assigned liability due to its IQA activities. 81. Neither RCTC nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this agreement. PACT Version 9.1 5-28-09 53 11 of 17 District Agreement 08-1451 It is understood and agreed that CALTRANS will fully defend, indemnify, and save harmless RCTC and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS under this agreement. 82. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by RCTC under or in connection with any work, authority, or jurisdiction conferred upon RCTC under this agreement. It is understood and agreed that RCTC will fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by RCTC under this agreement. 83. This agreement is not intended to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this agreement. This agreement is not intended to affect the legal liability of PARTNERS by imposing any standard of care for completing WORK different from the standards imposed by law. 84. PARTNERS will not assign or attempt to assign agreement obligations to parties not signatory to this agreement. 85. Any ambiguity contained in this agreement will not be interpreted against PARTNERS. PARTNERS waive the provisions of California Civil Code section 1654. 86. A waiver of a partner's performance under this agreement will not constitute a continuous waiver of any other provision. An amendment made to any article or section of this agreement does not constitute an amendment to or negate all other articles or sections of this agreement. 87. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. 88. If any partner defaults in their agreement obligations, the non -defaulting partner(s) will request in writing that the default be remedied within 30 calendar days. If the defaulting partner fails to do so, the non -defaulting partner(s) may initiate dispute resolution. 89. PARTNERS will first attempt to resolve agreement disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of RCTC will attempt to negotiate a resolution. If no resolution is reached, PARTNERS' legal counsel will initiate mediation. PARTNERS agree to participate in mediation in good faith and will share equally in its costs. PACT Version 9.1 5-28-09 12 of 17 54 District Agreement 08-1451 Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of WORK in accordance with the terms of this agreement. However, if any partner stops WORK, the other partnerts) may seek equitable relief to ensure that WORK continues. Except for equitable relief, no partner may file a civil complaint until after mediation, or 45 calendar days after filing the written mediation request, whichever occurs first. Any civil complaints will be filed in the Superior Court of the county in which the CALTRANS district office signatory to this agreement resides. The prevailing partner will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result of litigating a dispute under this agreement or to enforce the provisions of this article including equitable relief. 90. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 91. If any provisions in this agreement are deemed to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other agreement provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this agreement. 92. This agreement is intended to be PARTNERS' final expression and supersedes all prior oral understanding or writings pertaining to WORK. 93. If during performance of WORK additional activities or environmental documentation is necessary to keep PROJECT in environmental compliance, PARTNERS will amend this agreement to include completion of those additional tasks. 94. PARTNERS will execute a formal written amendment if there are any changes to the commitments made in this agreement. 95. This agreement will terminate upon COMPLETION OF WORK or upon 30 calendar days' written notification to terminate and acceptance between PARTNERS, whichever occurs first. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. 96. The following documents are attached to, and made an express part of this agreement: SCOPE SUMMARY, FUNDING SUMMARY. PACT Version 9.1 5-28-09 55 13 of 17 District Agreement 08-1451 97. Signatories may execute this agreement through individual signature pages provided that each signature is an original. This agreement is not fully executed until all original signatures are attached. CONTACT INFORMATION The information provided below indicates the primary contact data for each partner to this agreement. PARTNERS will notify each other in writing of any personnel or location changes. These changes do not require an amendment to this agreement. The primary agreement contact person for CALTRANS is: Nader Naguib, Project Manager 464 West 4th Street, 6th Floor (Mail Station 1229) San Bernardino, California 92401-1400 Office Phone: (909) 388-7180 Mobile Phone: (909) 693-1409 Email: nader.naguib@dot.ca.gov The primary agreement contact person for RCTC is: Marlin Feenstra, Planning Director P.O. Box 12008 Riverside, California 92502-2208 Office Phone: (951) 787-7963 PACT Version 9.1 5-28-09 14 of 17 56 • District Agreement 08-08-1451 SIGNATURES PARTNERS declare that: 1. Each partner is an authorized legal entity under Califomia state law. 2. Each partner has the authority to enter into this agreement. 3. The people signing this agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT OF TRANSPORTATION COMMISSION By: Raymond W. Wolfe, PhD By: District Director Anne Mayer Executive Director CERTIFIED AS TO FUNDS: • By: Lisa Pacheco Budget Manager PACT Version 9.1 3.31.08 Attest: 57 Best, Best and Krieger Legal Counsel 15 of 17 08-RIV-215-R38.02/R38.92 EA:44931 Federal Funds District Agreement 08-08-1451 SCOPE SUMMARY noommili ■ 270 ■EM -®--- - 290 MEM ■®■■■ Construction (CON) - 270, 285, 290, 295 Construction Engineering and General Contract Administration Contract Change Order Administration X X X Resolve Contract Claims Accept Contract, Prepare Final Construction Estimate, and Final Re•ort X X PACT Version 9.1 3.31.08 16 of 17 58 65 L4d0L1 8064£'£ 4'6 uopJaA iadd 00:000'M'L4$ 00'000'OLL$ 00'000'Z44'04$ 00'000 OLL$ 00'000'006'9$ 00:0$ 001000 006'9$ , 00:000'Z44'04$ 00'000'OLL$ 00'000'4.4'9$ 00'LZ 9$$' 41$ 00'£L0 96V4$ 0102! 01021 SNV2il1V0 010N 1V001 13i73d 31V1S 31V1S 31715 00:000'006'9$ 00'0$ �00'00W9$ wouo • woo �q slelol4nS Inol LJb'W"J ' dl2i/dI1S dll/dI1S uNolen do )(llio elelS 4944-90-90 luawaaJ6V l0ulslp spundimpad 4£644 :V2 Z6'ElnI/Z0'9£2!-S 4 Z-ARC-90 • ilxVvAIwnS DAIIQN1113 • • AGENDA ITEM 8E RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Shirley Medina, Programming and Planning Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement with County of Riverside to Reprogram 1989 Measure A funds to the State Route 79 Widening Project STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 10-72-035-00 with the county of Riverside for the reprogramming of $2.1 million of 1989 Measure A highway funds from the State Route 60NaHey Way interchange to the SR-79 widening project, Thompson Road to Domenigoni Road; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: At its December 2009 meeting, the Commission approved reprogramming $2.1 million of 1989 Measure A Western County highway funds from the SR-60 Valley Way interchange to the SR-79 widening project from Thompson Road to Domenigoni Road. The $2.1 million savings resulted from the low bid on the Valley Way project, which was recently awarded. The reprogramming of funds was approved by the Commission as the SR-79 widening project is also a 1989 Measure A project. This item is for the Commission to approve agreement 10-72-035-00 with the county of Riverside and authorize the Chair to execute the agreement. The $2.1 million will be programmed to support the right of way phase of the SR-79 widening project. There is no financial impact as the budget adjustment was approved at the December 2009 Commission meeting. Agenda Item 8E 60 AGENDA ITEM 8F • RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Shirley Medina, Programming and Planning Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Annual Local Transportation Fund Planning Allocation to Western Riverside Council of Governments for Fiscal Year 2009/10 STAFF RECOMMENDATION: This item is for the Commission to approve an allocation of Local Transportation Fund (LTF) planning funds totaling $476,695 to the Western Riverside Council of Governments (WRCOG) to support transportation planning programs and functions as identified in the attached work program. BACKGROUND INFORMATION: Pursuant to Section 99233.2 of the Transportation Development Act (TDA), Code of Regulations, up to three percent of the annual TDA revenues shall be allocated for transportation planning and programming purposes. The TDA also requires one half of these funds to be allocated for planning activities within the Western Riverside County and the Coachella Valley areas as determined by the Commission. The WRCOG has submitted its FY 2009/10 LTF Program Objectives/Work Plan (Work Plan) (attached). The Work Plan identifies work efforts necessary to address the following key program areas: • Southern California Association of Governments (SCAG) Overall Work Program (OWP) • Air Quality and Planning Programs • Regional Transportation Programs Staff has reviewed the Work Plan and finds it consistent with the Commission's overall transportation program and planning objectives. The amount of TDA funding available to WRCOG is $476,695 which is included in the Commission's FY 2009/10 adopted budget. Agenda Item 8F Financial Information In Fiscal Year Budget: Yes Year: FY 2009/10 Amount: $476,695 Source of Funds: LTF Budget Adjustment: No GL/Project Accounting No.: 106 65 86205 Fiscal Procedures Approved: \Y 4,341.th,,,�o Date: 12/17/2009 Attachment: WRGOG FY 2009/10 LTF Program Objectives/Work Plan 62 Agenda Item 8F • • WRCOG Fiscal Year 2009-2010 Local Transportation Funds Program Objectives The Work Plan for FY 2009-10 is divided into 3 key program areas: 1. Southern California Association of Governments (SCAG) Overall Work Program (OWP) The SCAG OWP includes staff time to: coordinate the WRCOG sub -regional priorities/needs into the OWP; participate in the SCAG Technical Advisory Committees; work with our Policy Committee members to assist SCAG with the performance of speck transportation, air quality, planning and GIS work for SCAG as part of their Overall Work Program; work with SCAG and our partners regarding goods movement, legislation, population and employment issues; conduct outreach on air quality, transportation, and planning issues with the public, member jurisdictions and regional agencies. 2. Air Quality and Planning Programs Environmental Protection Agency (EPA) and California Air Resources Board Department of Energy (DOE) and California Energy Commission South Coast Air Quality Management District (SCAQMD) Regional Conservation Agency (RCA) Ca!trans San Diego Association of Governments (SANDAG) Air Quality and Energy Efficiency: These programs include staff time to: support the Air Quality Task Force, the Clean Cities Program and programs that WRCOG is developing to reduce emissions through energy efficiency and water conservation; continued participation in the National Clean Cities Program; assist in the purchase of alternative fuel vehicles and the development of the supporting infrastructure; review and analyze state and federal legislation; This years program WRCOG track and participate in energy efficiency legislation and programs that will assist in the implementation of AB 32, and SB 375. WRCOG will continue to participate in regional air quality meetings and in EPA and Air resources Board hearings; to provide outreach to our jurisdictions regarding SCAQMD rule making; 63 Planning: This program includes: staff time to coordinate with the grant partners to implement the Caltrans 1-15 Interregional Partnership Grant Phase III, which is to: build on the Cluster Analysis from Phase II to focus on specific industry clusters, develop economic development strategies to create jobs in the local southwest Riverside county and North San Diego County. 3. Regional Transportation Programs Riverside Transit Agency (RTA) Riverside and San Bernardino County Transportation Commissions San Diego Association of Governments (SANDAG) Riverside County Transportation Commission (RCTC) TUMF: This program includes staff time to administer the TUMF Program which includes but is not limited to: program contract/agreement administration; public outreach/information; the Annual Report; signage program TUMF Zone TIP development and amendments; prepare the annual audit; preparation of annual adjustment for construction costs; maintain TUMF data base of fee collections and disbursements; work with developers on credit and reimbursement agreements; develop and maintain a GIS database to support the Program. Miscellaneous and GIS: This Program includes staff time and project management to: cooperate with the County of Riverside and the RCA, participate with the local jurisdictions and regional partners GIS coverage analysis; develop databases and provide analysis and mapping to support RCTC's rail, STIP, TUMF and transit programs and projects; provide land use, population and employment and other GIS information to local and regional agencies, Caltrans, and other state agencies; legislative review and analysis. Riverside Transportation Commission Programs: These programs include staff time and project management to assistance in transportation planning and air quality programs to include: participation in TUMF Program tasks as needed to assist RCTC in the implementation of the Regional TUMF Program; participate in evaluation committees as requested; and other planning related tasks as determined in consultation with the RCTC Executive Director. 64 AGENDA ITEM 8G • • BACKGROUND INFORMATION: • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Grace Alvarez, Staff Analyst THROUGH: Anne Mayer, Executive Director SUBJECT: Riverside County 2011 Federal Transportation Improvement Program Financial Resolution STAFF RECOMMENDATION: This item is for the Commission to: 1) Adopt Resolution No. 10-001, "Resolution Certifying that the Riverside County Has Resources to Fund Projects in Fiscal Years 2010/11 Through 2015/16 Transportation Improvement Program and Affirming Commitment to Implement All Projects in the Program"; and 2) Forward to the Southern California Association of Governments (SCAG) for inclusion in the 2011 Federal Transportation Improvement Program (FTIP). The Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires that SCAG adopt a regional transportation improvement program (RTIP) for the metropolitan planning area and that this document be included in the Federal Statewide Transportation Improvement Program (FSTIP) before receiving federal funds for transportation projects. The FTIP (formerly known as the RTIP) must be updated by the metropolitan planning organization (MPO) every two years. The FTIP implements projects identified in the first six years (FY 2010/1 1 - 2015/16) of the long- range Regional Transportation Plan. The SCAG, as the MPO, anticipates submitting the 2011 FTIP to the federal approval agencies by October 2010. Federal regulations require SCAG to determine that the FTIP: 1) conforms to the adopted air plans in the region; 2) is financially constrained; and 3) affirms project commitments. The attached resolution must be included in the 2011 FTIP update to certify that the Riverside County portion of the FTIP is financially constrained and to affirm the commitment to implement the projects. Financial constraint and project commitment is defined as follows: A. Financial Constraint: The Commission must certify that the Riverside County TIP is financially constrained (projects are not programmed in excess of fund levels) and that the funding may be reasonably expected to carry out the program. Agenda Item 8G 65 B. Project Commitment: The Commission must affirm that their highest priorities for funding are the projects in the 2011 FTIP. The affirmation is specifically targeted to enforceable Transportation Control Measures (TCM). TCM are strategies/projects employed to reduce emissions from on -road mobile sources. Over the past three months, staff has reviewed projects submitted by Ca!trans, local agencies, and transit operators in Riverside County to ensure that each project has a clearly identified funding source and schedule. Projects that completed construction were identified and removed from the RTIP, while other projects were added, deleted or modified. All project programming was accomplished with the concurrence of each project sponsor. The end result is that the Riverside County projects are consistent with the financial constraint and TCM implementation requirements of SAFETEA-LU. The 2011 FTIP Update is scheduled for approval by the SCAG Regional Council by October 2010. SCAG subsequently will pursue the necessary state and federal approvals for the 2011 FTIP. These approvals are anticipated to occur by early December 2010. Attachment: Resolution No. 10-001 Agenda Item 8G 66 • • • RESOLUTION NO. 10-001 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION CERTIFYING THAT RIVERSIDE COUNTY HAS RESOURCES TO FUND PROJECTS IN FISCAL YEARS 2010/11 THROUGH 2O15/16 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM WHEREAS, Riverside County is located within the metropolitan planning boundaries of the Southern California Association of Governments (SCAG); and WHEREAS, the Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires SCAG to adopt a regional transportation improvement program for the metropolitan area; and WHEREAS, the SAFETEA-LU also requires that the regional transportation improvement program include a financial plan that demonstrates how the transportation improvement program can be implemented; and WHEREAS, the Riverside County Transportation Commission (RCTC) is the agency responsible for short-range capital and service planning and programming for the Riverside County area within SCAG; and WHEREAS, as the responsible agency for short-range transportation planning, the RCTC is responsible for developing the Riverside County Transportation Improvement Program (TIP), including all projects utilizing federal and state highway and transit funds; and WHEREAS, the RCTC must determine annually the total amount of funds that may be available for transportation projects within its boundaries; and WHEREAS, the RCTC has adopted the FY 2010/11 through FY 2015/16 Riverside County TIP for FY 2010/11 through FY 2015/17 available and committed, and reasonably committed for FFY 2012/13 through 2015/2016 for programming purposes and to allow environmental work on approved projects to proceed. NOW, THEREFORE, BE IT RESOLVED by the RCTC that it affirms its continuing commitment to the projects in the FY 2010/11 through FY 2015/16 Riverside County TIP; and BE IT FURTHER RESOLVED, that the FY 2010/11 through FY 2015/16 Riverside County TIP Financial Plan identifies the resources that are available and committed 67 in the first two years and reasonably available to carry out the program in the last four years, and that the RCTC certifies to the following: 1 The Federal Improvement Program in the FFY 2010/11 — 2015/16 Riverside County TIP are consistent with the proposed 2010 State Transportation Improvement Program scheduled to be approved by the California Transportation Commission in May 2010; and 2 All projects in the Riverside County TIP have complete funding identified in the Program except the (project) which will require additional funding in the 2012 STIP cycle. This project is in the County's number one priority for 2012 STIP funds. The Riverside County 2012 STIP Regional Improvement Program, as identified in the Financial Plan, will include sufficient funds to complete the project. Therefore, as required by the SAFETEA-LU, the Commission finds that full funding can reasonably be anticipated to be available for the (project) within the time period contemplated for completion of the project. 3 Riverside County has the funding capacity in its county Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Program (CMAQ) allocation to fund all of the projects in the FFY 2010/21 1- 2015/16 Riverside County TIP, and 4 The local match for projects funded with federal STP and CMAQ program funds is identified in the FTIP, 5 All the Federal Transit Administration funded projects are programmed within SAFETEA-LU Guaranteed Funding Levels. APPROVED AND ADOPTED by the Riverside County Transportation Commission at its meeting on Wednesday, January 13, 2010 ATTEST: BY: BY: Jennifer Harmon Clerk of the Board Bob Buster, Chair Riverside County Transportation Commission 68 • • AGENDA ITEM 8H • • RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Min Saysay, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: North Main Corona Metrolink Station Pedestrian Tower Agreement for Construction, Maintenance, and Operation of a Seismic Separation Joint STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 10-51-037-00 with (RTA) for the construction, maintenance, separation joint at the North Main Corona Tower; and 2) Authorize the Chair, pursuant to legal cou agreement on behalf of the Commission. the Riverside Transit Agency and operation of a seismic Metrolink Station Pedestrian nsel review, to execute the BACKGROUND INFORMATION: The Burlington Northern Santa Fe Railway (BNSF) owns and operates the San Bernardino Subdivision rail line and corridor in the city of Corona. On April 10, 2001, BNSF and the Commission entered into an agreement for the construction of a passenger station and pedestrian overhead crossing improvements, as well as a license for the pedestrian overhead crossing improvements. The passenger station is more commonly known as the North Main Corona Metrolink station, which includes the improvement commonly referred to as the pedestrian tower. The Commission owns the North Main Corona Metrolink station and pedestrian tower. The RTA is constructing the Corona Transit Center adjacent to the North Main Corona Metrolink station in the city of Corona. In order to provide passengers of trains and buses operated by the Commission and RTA a safe and convenient means of transferring between the North Main Corona Metrolink station and the Corona Transit Center, it was determined that such means of passenger transfer would be best provided by the construction of a bridge extension connecting the center to the station over the railroad tracks that separate them. Therefore, RTA seeks to obtain a license from the Commission to construct and maintain a seismic Agenda Item 8H 69 separation joint on the property of the Commission in order to connect the Corona Transit Center and the North Main Corona Metrolink station. Staff recommends approval of Agreement No. 10-51-037-00 and grant RTA a revocable license in, on and over a portion of the Commission's property commonly known as the pedestrian tower, to install, maintain, and operate a seismic separation joint connecting the Corona Transit Center bridge extension to the pedestrian tower (seismic separation joint), under the following general conditions: 1. The seismic separation joint shall be constructed, maintained and operated at RTA's sole cost and expense; 2. All work and design shall be approved by Commission staff; 3. RTA shall at all times indemnify and hold harmless Commission against and pay in full all losses, damages, or expenses that the Commission may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the seismic separation joint or RTA's use and maintenance of the licensed property; and 4. RTA shall comply with the Commission's insurance requirements. Attachment: Agreement with RTA Agenda Item 8H 70 • • • • Agreement No. 10-51-037-00 NORTH MAIN CORONA TOWER AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF A SEISMIC SEPARATION JOINT This North Main Corona Tower Agreement for Construction, Maintenance and Operation of a Seismic Separation Joint ("Agreement"), is made and entered into effective as of this day of , 200_ ("Effective Date"), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public entity within the State of California ("Commission") and the RIVERSIDE TRANSIT AGENCY, a joint powers agency organized under the laws of the State of California ("Agency"). Commission and Agency are sometimes referred to herein collectively as the "Parties" and individually as "Party". RECITALS WHEREAS, the Burlington Northern and Santa Fe Railway Company (`BNSF") owns and operates the San Bernardino Subdivision rail line and rail corridor in the City or Corona, County of Riverside, State of California; and WHEREAS, BNSF and Commission have entered into that certain Agreement for Passenger Station and Pedestrian Overhead Crossing Improvements dated as of April 10, 2001 ("RCTC/BNSF Agreement'), which provided for the construction of the improvements described therein, as well as a license for the Pedestrian Overhead Crossing Improvements; and WHEREAS, the Passenger Station constructed pursuant to the RCTC/BNSF Agreement is commonly referred to as the "North Main Corona Station" and includes the improvement commonly referred to as the "Pedestrian Tower" as depicted in the attached Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, Commission is the owner of the North Main Corona Station and the Pedestrian Tower; and WHEREAS, Agency is constructing the "Corona Transit Station' in the same City of Corona adjacent to the North Main Corona Station; and WHEREAS, the Parties desire to provide passengers of trains and buses operated by them a safe and convenient means of transferring between the North Main Corona Station and the Corona Transit Station (referred to herein, collectively as the "Stations"); and WHEREAS, the Parties have determined that such means of passenger transfer would be best provided by the construction of a bridge extension connecting the Stations over the railroad tracks that separate them; and R V PU B1 H S H A N E17 61954.8 Page 1 of 18 71 WHEREAS, Agency seeks to obtain a license from Commission to construct and maintain a "seismic separation joint" on the personal property of Commission, in order to connect the Corona Transit Station to the North Main Corona Station; and WHEREAS, Commission desires to grant a license to Agency for the purpose specified in the foregoing recital, subject to the terms and conditions contained in this Agreement, and subject to the approval by BNSF of the use of its real property for the purposes specified herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements of the Parties contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I - SCOPE OF PROJECT WORK The work required to complete the project includes all work necessary for the construction, maintenance and safe operation of the Seismic Separation Joint on the Licensed Property to connect the Corona Transit Station bridge extension and the Pedestrian Tower. The work involved in the construction, maintenance and operation of the Corona Transit Station bridge extension and connection thereof to the Seismic Separation Joint is sometimes referred to herein as the "Project". The Project is more particularly described on the attached Exhibit B. ARTICLE II — COMMISSION OBLIGATIONS - GRANT OF LICENSE Subject to the terms and conditions hereinafter set forth, Commission hereby grants to Agency a revocable license in, on and over a portion of the personal property of Commission commonly referred to as the Pedestrian Tower, as shown in Exhibit A (the "Licensed Property") to install, maintain and operate a seismic separation joint connecting the Corona Transit Station bridge extension to the Pedestrian Tower (the "Seismic Separation Joint") on the Licensed Property, the exact location of the Seismic Separation Joint being more particularly identified on Exhibit A as the "connection point". ARTICLE III — AGENCY GENERAL OBLIGATIONS ]. At Agency's sole cost and expense, Agency shall furnish all labor, materials, tools, and equipment required for the construction, maintenance and operation of the Project as further described herein. 2. Agency work required for construction of the Project is shown on Exhibit B attached hereto and made a part hereof. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of Commission, which approval will not be unreasonably withheld. 3. Agency shall comply with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as "Standards") relating to Agency's use of the Licensed Property hereunder and construction and maintenance of the Project. In its use of the Licensed Property, Agency shall at all times be in full compliance with all Standards, present or future. In the event Agency fails to be in full compliance with Page 2 of 18 R V PUB\H SHAN E1761954.8 72 • • • • • Standards, Commission may, but shall not be obligated to, after giving notice of the failure to Agency, and if Agency, within fifteen (15) days of such notice, fails to correct such non-compliance, take whatever action it determines in its sole discretion to be necessary to protect the Licensed Property and the North Main Corona Station. Agency shall reimburse Commission for all costs (including but not limited to, consulting, engineering, clean-up and disposal, and legal costs) incurred by Commission as a result of Agency's failure to comply with such Standards, and also such costs incurred by Commission in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Agency or court, and paying any fines or penalties imposed for such violations. Agency shall, to the extent permitted by law, assume liability for and shall save and hold harmless Commission from any claim of a violation of the Standards regardless of the nature thereof or Agency or person asserting such claim, which results from Agency's use of Licensed Property, whether such claim arises in whole or in part from the negligence or alleged negligence of Commission or otherwise. Agency, at its cost, shall assume the defense of all such claims as provided for in Article VI of this Agreement. ARTICLE IV — AGENCY OBLIGATIONS REGARDING CONSTRUCTION OF PROJECT 1. The Project shall be installed and constructed at Agency's sole cost and expense in accordance with the design plans attached hereto as Exhibit B. Any deviation from the plans that may impact the Seismic Separation Joint, the Pedestrian Tower or the Licensed Property and any changes to the design of the Corona Transit Station bridge extension shall be approved in writing by Commission's Executive Director or her designee. 2. The construction of the Project shall be accomplished in such a manner so that it will not interfere with or be a source of danger to the safe use and operation of the Pedestrian Tower or any other portion of the North Main Corona Station or other activities on the Licensed Property. Any construction method which will interfere with use of the Pedestrian Tower or any other portion of the North Main Corona Station shall be approved in advance by Commission. Commission may require that Commission's representative be present during some or all of the Project construction. If Commission's representative determines that the construction is not being accomplished in accordance with this Agreement, he or she may, but shall not be required to, halt the work. Notwithstanding the presence of Commission's representative, Agency shall, at all times, retain full liability and responsibility for all aspects of the construction. Agency shall reimburse Commission for the cost of its representative. 3. All construction work contemplated in this Agreement shall be performed in a good and workmanlike manner and shall be diligently prosecuted to conclusion in its timely and logical order and sequence. Construction work shall be planned so as to cause as little interference as possible with the operation and use of the Pedestrian Tower and all other portions of the North Main Corona Station. 4. Prior to commencement of construction, Agency shall obtain all required agreements and approvals from BNSF, and any other entities with jurisdiction over the Project. If required by Page 3 of 18 RV PU BIHSHANE1761954.8 73 BNSF, Agency shall, at its sole cost and expense, obtain and pay for the cost of flagmen to protect rail traffic during the construction, repair and maintenance of the Project. 5. Agency shall, at its sole cost and expense, acquire all permits and approvals, and all rights of way and property rights necessary for the construction and maintenance of the Project. 6. Agency shall advise Commission in writing of the completion date of the Project within thirty (30) days after such completion date. Additionally, Agency shall notify Commission of the date on which Commission and/or Agency will meet for the purpose of making final inspection of the Project. 7. Agency shall provide one set of as built plans (prepared in English Units) to Commission, as well as one set of computer diskettes containing as built CAD drawings of the Project and identifying the software used for the CAD drawings. The "as built plans" must also include plan and profile, structural bridge drawings and specifications. All improvements and facilities must be shown. ARTICLE V - AGENCY OBLIGATIONS FOR MAINTENANCE AND OPERATION OF PROJECT 1. In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not limited to, the terms and conditions stated in Exhibit D, Agency and Commission agree to the following terms upon completion of construction of the Project: (a) Agency shall own and maintain, at its sole cost and expense, the Project installed pursuant to this Agreement; (b) Agency shall provide Commission with any and all necessary permits at no cost to Commission, when reasonably requested by Commission to allow Commission to inspect the Project; (c) Maintenance and Repair. Agency shall, at its own cost and subject to the approval of Commission's Executive Director or his or her designee, repair, maintain and utilize the Project and the Licensed Property so that it will not at any time be a source of danger to or interference with the safe use and operation of the Pedestrian Tower or any other portion of the North Main Corona Station. Any repair and maintenance work shall be done in a good and workmanlike manner and to Commission's standards. Agency shall provide Commission no less than thirty (30) days written notice and shall acquire all necessary approvals from Commission prior to Agency's commencement of any such repair or maintenance work, excluding any day-to-day maintenance of the Corona Transit Station bridge extension. lf, at any time, Agency shall, in the judgment of Commission, fail to perform properly its obligations under this section, Commission may, at its option, perform such work itself as it deems necessary for the safe operation of its facilities. In such event, Agency agrees to pay, within fifteen (15) days after a bill is rendered therefore, the cost so incurred by Commission. However, failure on RV PUB\ HSHANE1761954.8 Page 4 of 18 74 • • • • the part of Commission to perform the obligations of Agency shall not release Agency from liability hereunder for any loss or damage occasioned thereby. ARTICLE VI. - AGENCY INDEMNIFICATION AND DEFENSE OBLIGATIONS; AGENCY ASSUMPTION OF RISK; INSURANCE REQUIREMENTS 1. Indemnity. Agency shall at all times indemnify and save harmless Commission against and pay in full all losses, damages, or expenses that Commission may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the Project or the Agency's use and maintenance of the Licensed Property, including, but not limited to, any such losses, damages or expenses arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, (d) taxes or assessments of any kind, or (e) interference with the use of the Pedestrian Tower or any other portion of the North Main Corona Station. It is the intention of the Parties that Commission's right to indemnity hereunder shall be valid and enforceable against Agency regardless of negligence (whether active or passive) on the part of Commission, its officers, agents and employees, unless such injury is a result of the sole negligence of Commission. 2. Assumption of Risk and Waiver. To the maximum extent allowed by law, Agency assumes any and all risk of loss; damage or injury of any kind to any person or property, including without limitation, the Project, the Licensed Property, Agency's personal property and any other property of, or under the control or custody of, Agency, which is on or near the Seismic Separation Joint. Agency's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the Licensed Property or any other portion of the North Main Corona Station, accident or fire or other casualty on the Licensed Property or any other portion of the North Main Corona Station, or electrical discharge, and noise or vibration resulting from Commission's transit operations on or near the Licensed Property. The term "Commission" as used in this section shall include: (i) any transit or rail -related company operating upon or over Commission's tracks or other property, and (ii) any other persons or companies employed, retained or engaged by Commission. Agency, on behalf of itself and its Personnel, as a material part of the consideration for this Agreement, hereby waives all claims and demands against Commission for any such loss, damage or injury of Agency and/or its Personnel. In that connection, Agency waives, for itself and its Personnel, the benefit of California Civil Code Section 1542, which provides as follows: general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor. The provisions of this Article VI shall survive the termination of this Agreement. As used in this section, "Personnel" means the Agency, or its officers, directors, affiliates, or anyone directly or indirectly employed by Agency or for whose acts Agency is liable. 3. Defense. Upon written notice from Commission, Agency agrees to assume the defense of any lawsuit, administrative action or other proceeding brought against Commission by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by Page 5 of 18 R V PUBIHSHAN E1761954. A 75 this Agreement for which Agency has an obligation to assume liability for and/or to indemnify or save and hold harmless Commission. Agency shall pay all the costs incident to such defense, including, but not limited to, attomeys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. Any and all lawsuits or administrative actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this section, including, but not limited to, the theories of intentional misconduct, negligence, breach of statute or ordinance, or upon any theory created by statute or ordinance, state or federal. 4. Attornevs' Fees. In any judicial or arbitration proceeding involving performance under this Agreement, or default or breach thereof, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 5. Insurance. Agency, at its sole cost and expense, shall obtain and maintain in full force and effect insurance as required by Commission in the amounts and coverage specified and issued by insurance companies as described on Exhibit C. Commission reserves the right, to review and change the amount and type of insurance coverage it requires in connection with this Agreement or the work to be performed on the Project. Prior to (i) entering the Licensed Property or (ii) performing any work or maintenance on the Project, Agency shall furnish Commission with the insurance endorsements and certificates in the form and amounts specified in Exhibit C. evidencing the existence, amounts and coverage of the insurance required to be maintained hereunder. Such insurance shall be maintained in the amounts as specified in Exhibit C at all times during the term of this Agreement. ARTICLE VII — JOINT PROVISIONS REGARDING CONSTRUCTION/ MAINTENANCE OF PROJECT I. Agency shall use the Licensed Property and the Seismic Separation Joint solely for connection of the Corona Transit Station bridge extension to the Pedestrian Tower and shall not use it for any other purpose whatsoever. No change shall be made by Agency in the use of the Licensed Property or the Seismic Separation Joint without Commission's prior written approval. 2. Any approval of the design plans by Commission shall in no way obligate Commission in any manner with respect to the finished product design and/or construction. Any approval by Commission shall mean only that the design plans meet the subjective standards of Commission, and such approval by Commission shall not be deemed to mean that the design plans or construction is structurally sound, appropriate or that the design plans meet applicable regulations, laws, statutes or local ordinances and/or building codes. 3. To facilitate scheduling for the Project, the Parties shall meet in advance of the commencement of construction of the Project work and develop a construction schedule for the Project. Agency shall provide to Commission updated construction schedules as they become available and shall provide two (2) week "look ahead" schedules during construction in order to keep Commission apprised of any work that may interfere with or impact use of Commission's property. Agency shall identify, in such "look ahead" schedules, the work that will occur on or require entrance to Commission property. Page 6 of 18 R V PUBIHSHAN D761954.8 76 • • • • • • 4. Commission shall have the right to stop construction work on the Project if any of the following events take place: (i) the Project work is performed in a manner contrary to the design plans; (ii) the Project work is performed in a manner which is hazardous to the Pedestrian Tower or any other portion of the North Main Corona Station. The work stoppage shall continue until all necessary actions are taken to rectify the situation to the satisfaction of Commission. Any such work stoppage under this provision shall not give rise to any liability on the part of Commission. Commission's right to stop the work is in addition to any other rights Commission may have including, but not limited to, actions or suits for damages or lost profits. In the event that Commission desires to stop construction work on the Project, Commission agrees to immediately notify the following individual in writing: Bob Bach, Director of Maintenance Riverside Transit Agency 1825 Third Street Riverside, CA 92507 951-565-5032 ph; 951-565-5001 fax bbach@riversidetransit.com 5. Any and all representatives of any of the Parties, including their employees, agents, contractors and invitees shall wear Personal Protective Equipment ("PPE") when on Commission's property during construction of the Project or performing subsequent maintenance after completion of construction. The PPE shall meet applicable OSHA and ANSI specifications. A partial list of PPE requirements include; a) safety glasses: permanently affixed side shields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety shoes: hardened toe, above -the -ankle lace -up with a defined heel and d), high visibility retro-reflective orange vests. Hearing protection, fall protection and respirators will be wom as required by State and Federal regulations. 6. Tests and Inspections. Commission shall have the right, but not the obligation, at any time to inspect the Licensed Property and the Project so as to monitor compliance with this Agreement. If, in Commission's sole judgment, any construction on, or use or condition of the Licensed Property or the Project may have an adverse effect on Commission's real property, adjacent property (whether or not owned by Commission) or Commission's operations, Commission shall be permitted to conduct any tests or assessments of, on or about the Licensed Property and the Project, as it determines to be necessary or useful to evaluate the condition of the Licensed Property and the Project. Agency shall cooperate with Commission in any tests or inspections deemed necessary by Commission. Agency shall pay or reimburse Commission, as appropriate, for all reasonable costs and expenses incurred due to the tests, inspections or any necessary corrective work and inspections thereafter within thirty days of a request for payment. ARTICLE VIII — TERMINATION R VPUBIHSHANE\761954.8 Page 7 of 18 77 1. Notwithstanding any other term or provision of this Agreement, Commission shall have the right to terminate this Agreement and shall have no obligation to reimburse Agency for any of its improvements to the Licensed Property, under any of the following circumstances: A. In the event that Commission determines in its sole discretion that it requires the Licensed Property for its own uses, or requires changes to the use of the Licensed Property or the Pedestrian Tower that make placement of the Seismic Separation Joint undesirable, which determination shall be made by the Executive Director or his or her designee and shall not require proof of or satisfaction of any legal standard of necessity. Should Commission exercise this option, Commission may terminate this Agreement by providing ninety (90) days written notice to Agency of the intent to terminate this Agreement. B. Commission may terminate this Agreement at any time for cause, for a breach by Agency of any covenant or term of this Agreement, or a default by Agency of any term or provision of this Agreement, which acts of Agency shall include but not be limited to: (i) The failure by Agency to pay any amount in full when it is due under this Agreement; or (ii) The failure by Agency to perform any obligation under this Agreement. Notification of such termination shall be in writing. 2. Agency may terminate this Agreement at any time for its convenience by providing written notice to Commission one 0 ) year prior to the date of termination. 3. In the event construction of the Project does not commence within one (I) year of the Effective Date, this Agreement will become null and void. 4. Neither termination nor expiration of this Agreement will release any Party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. ARTICLE IX- MISCELLANEOUS I. Successors and Assigns. The covenants and provisions of this Agreement are binding upon and shall inure to the benefit of the successors and assigns of the Parties. Notwithstanding the preceding sentence, no Party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other Party. 2. Interpretation; Severability. To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 3. Entire Agreement. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is the full and complete agreement between the Parties with respect to the subject matter herein. Notwithstanding the foregoing, this Agreement shall not supersede any R V Pt1 BV IS HANE176I954.8 Page 8 of 18 78 • • • • • related agreement referenced in the recitals hereto and shall be interpreted and enforced in conjunction therewith. 4. Assignment. This Agreement and the license granted herein are personal to the Agency. Agency shall not assign or transfer (whether voluntary or involuntary) this Agreement in whole or in part, or permit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of Commission, which may be withheld in Commission's sole and absolute discretion. Any attempted act in violation of this section shall be void and without effect and give Commission the right to immediately terminate this Agreement. 5. Waiver of Covenants or Conditions. The waiver by Commission of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other covenant or condition under this Agreement. 6. Amendment. This Agreement may be amended at any time by the written agreement of Commission and Agency. All amendments to this Agreement shall be binding upon the parties despite any lack of legal consideration, so long as the same shall be in writing and executed by the parties hereto. 7. Revocation. If, at any time, Agency shall fail or refuse to comply with or carry out any of the covenants herein contained, Commission may, at its election, immediately revoke and terminate this Agreement unless a longer notice period is specifically provided for elsewhere in this Agreement. 8. Abandonment. Should Agency at anytime abandon the use of the Project or the Licensed Property, or any part thereof, or fail at any time for a continuous period of six (6) months to use the same for the purposes contemplated by this Agreement, then Commission may terminate this Agreement to the extent of the portion so abandoned or discontinued. In addition to any other rights or remedies, Commission shall immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued, without the encumbrance of this Agreement. 9. Eviction, Abandonment or Sale. In the case of the eviction of Agency by anyone owning or obtaining title to the premises on which the Seismic Separation Joint is located, or the sale or abandonment by Commission of said premises, Commission shall not be liable to Agency for any damage of any nature whatsoever or to refund any payment made by Agency to Commission hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Revocable Licenses and Termination. Agency agrees that notwithstanding the improvements made by Agency to the Licensed Property or the installation of the Seismic Separation Joint, or other sums expended by Agency in furtherance of the Project or this Agreement, the license granted herein is revocable and may be terminated by Commission in accordance with the terms of this Agreement. 11. Restoration of Commission's Property, Claims for Costs. Upon the termination, revocation of cessation of this Agreement in any manner provided in this Agreement, Agency, upon demand Page 9 of 18 R V PU BIHSHANE1761954.8 79 of Commission and at Agency's own cost and expense, shall abandon the use of the Seismic Separation Joint and remove it and restore the Licensed Property including the right-of-way and tracks of Commission to the same condition in which they were prior to the placing of the Seismic Separation Joint thereunder, reasonable wear and tear excepted. In no event shall Agency have any claim against Commission for any of the costs of constructing, maintaining or removing the Project. In case Agency shall fail to restore Licensed Property as aforesaid within ten (10) days after the effective date of termination, Commission may proceed with such work at the expense of Agency or may assume title and ownership of the Seismic Separation Joint and any other property of Agency located on Commission's property. No termination hereof shall release Agency from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the Seismic Separation Joint is removed and the right-of-way and track of Commission restored as above provided. 12. Nondiscrimination. Agency certifies and agrees that all persons employed thereby and/or the affiliates, subsidiaries, or holding companies thereof and any contractors retained thereby with respect to Commission's property and the Project are and shall be treated equally without regard to or because of race, religion, ancestry, national origin, or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act. 13. Non -Exclusive License. The license granted by this Agreement is not exclusive and Commission specifically reserves the right to grant other licenses within the vicinity of the Seismic Separation Joint. 14. Captions. The Captions included in this Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement or any provision hereof, or in any way affect the interpretation of this Agreement. 15. Time of Essence. Time is of the essence in this Agreement. 16. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 17. Liens. Agency shall not permit to be placed against the Property, or any part thereof, any design professionals', mechanics', materialmen's, contractors' or subcontractors' liens with regard to Agency's actions upon the Property. The Agency agrees to hold Commission harmless for any loss or expense, including reasonable attorneys' fees and costs, arising from any such liens which might be filed against the Property. 18. Further Acts. Agency agrees to perform any further acts and to execute and deliver in recordable form any documents which may be reasonably necessary to carry out the provisions of this Agreement, including, at Commission's sole discretion, the relocation of the Seismic Separation Joint and the license granted by this Agreement. 19. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement by reference as though fully set forth herein. Page 10 of 18 RVPUBMSHAND761954.8 80 • • • • 20. Notice. Any notice provided for herein or concerning this Agreement shall be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: Commission: Riverside County Transportation Commission 4080 Lemon Street, Third Floor Riverside, CA 92502-7141 Attention: Director of Rail Projects Fax: (951)787-7906 Agency: Riverside Transit Agency 1825 Third Street Riverside, CA 92507 Attention: V. Rouzaud, Chief Procurement & Logistics Officer Fax: (951)565-5001 21. Survival of Obligations. All obligations of Agency hereunder not fully performed as of the termination or cessation of this Agreement, in any manner, shall survive the termination of this Agreement including, without limitation, all indemnification and defense obligations. R V PU BIHS HA N D761954.8 Page 11 of 18 81 SIGNATURE PAGE TO NORTH MAIN CORONA TOWER AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF A SEISMIC SEPARATION JOINT IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. RIVERSIDE COUNTY TRANSPORTATION RIVERSIDE TRANSIT AGENCY COMMISSION By: By: APPROVED AS TO FORM APPROVED AS TO FORM By: By: Best, Best & Krieger, LLP Counsel to the Riverside Transit Counsel to the Riverside County Agency Transportation Commission R V PU 6\HS HA N E\761954.8 Page 12 of 18 82 • • • • • R V PUBIHSHAN E\761954.8 EXHIBIT A DEPICTION OF THE LICENSED PROPERTY [to be attached behind this page] Exhibit A 83 s EXIIIBIT B PROJECT DESCRIPTION AND DRAWINGS PROJECT DESCRIPTION: The Project consists of Agency construction of a new RTA Corona Transit Station with a stairway and bridge extension over the BNSF tracks, connecting to the RCTC existing pedestrian tower and overcrossing, creating a multi -use transportation hub for the area. The new steel frame structural design and sustainable finish materials will match the existing bridge's architecture. This includes translucent clear span roofing and side panels, wire mesh guardrails, and an elevator tower with painted metal siding and standing seam roofing. The specific construction related to this Agreement is the seismic separation joint that will provide the weather -sealing between the two independent structures. DRAWINGS/DESIGN PLANS: Title sheet, 08-108P, Sheet l; Drawing No. A1.01, Site Plan and Site Details; Drawing A2.04, Bridge Extension and Tower Plans; Drawing A2.05, Bridge Extension and Tower Plans; Drawing A2.07, Enlarged Bridge Extension and Tower Plans; Drawing A3.01, Bridge and Tower Elevations; Drawing A4.01, Bridge Extension and Tower Sections; Drawing S-5, Bridge Deck Level Framing Plan; Drawing S-6, Roof Framing Plan; Drawing No. A5.04, Bridge Details; Drawing C-2, Project Information R V PU B1HS HA N E1761954.8 Exhibit B 84 • EXHIBIT C INSURANCE PROVISIONS Agency shall obtain, and shall require any consultant or contractor entering Commission's property on its behalf to obtain insurance of the types and in the amounts described below and satisfactory to Commission. A. Commercial General Liability Insurance. Agency and its contractors shall maintain occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less then $5,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit. Such insurance shall: 1. Include Commission and the Southern California Regional Rail Authority and its contractors and their officials, officers, employees, agents, and consultants as insureds with respect to the construction of the Project and Commission's property and shall contain no special limitations on the scope of coverage or the protection afforded to these insureds; 2. Be primary with respect to any insurance or self-insurance programs covering Commission, its officials, officers, employees, agents and consultants; and 3. Contain standard separation of insured provisions. B. Railroad Protective Liability. Agency and its contractors shall, in connection with any construction activities undertaken with respect to the Project either directly by Agency or by its contractors, acquire and keep in force during the period of such construction, railroad protective liability insurance with a combined single limit of $1,000,000 and a general aggregate of $1,000,000. C. Pollution Liability Insurance. [IF APPLICABLE] If the Project is used to carry Hazardous Materials, Agency and its contractors shall maintain pollution liability insurance in the amount of $1,000,000. D. Workers' Compensation Insurance. Agency and its contractors shall maintain workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000 each accident. E. Certificates of Insurance. Agency and its contractors shall, prior to entering Commission's property, furnish Commission with properly executed certificates of insurance and, if requested by Commission, certified copies of endorsements and policies, which clearly evidence all insurance required under this Agreement and provide that such insurance shall be not canceled, allowed to expire or be materially reduced in coverage, except on thirty (30) days' prior written notice to Commission. The certificate shall also evidence the insurer's knowledge of the proximity of the operations of Agency and its contractors to active railroad tracks. R V PUBMHSHAN E1761954.8 Exhibit C 85 Commission shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Agreement. F. Coverage Maintenance. Agency and its contractors shall replace certificates, policies and endorsements for any insurance expiring prior to the termination of this Agreement. Unless otherwise provided for in this Agreement, Agency's contractors shall maintain such insurance from the execution of this Agreement until the construction of Project and all other work related to construction of the Corona Transit Station bridge extension is complete and Commission's property fully restored, except as otherwise provided in this Agreement. Agency shall maintain the insurance required herein, unless otherwise agreed upon in writing by the Parties, until this Agreement is terminated. G. Licensed Insurer. Agency and its contractors shall place such insurance with insurers having A.M. Best Company ratings of no less than A:VIII and licensed to do business in Califomia, unless otherwise approved, in writing, by Commission. R VPUB\HSHANE\761954.8 Exhibit C 86 • • • EXHIBIT D AGENCY OPERATION OBLIGATIONS RELATED TO CONNECTION OF CORONA TRANSIT STATION TO PEDESTRIAN TOWER VIA SEISMIC SEPARATION JOINT Agency shall, at its sole cost and expense, maintain the Project, including the Corona Transit Station bridge extension (the "Bridge") and the Seismic Separation Joint at all times in a good and safe condition and shall comply with the following: 1. Agency shall conduct regular cleaning and janitorial maintenance of the Bridge so that trash and debris from the Bridge does not enter into Commission's property. 2. Agency shall maintain and shall be solely responsible for the electrical and lighting system of the Bridge so that sufficient lighting of the Bridge is provided at all times for the safety and security of persons utilizing the Bridge. 3. Agency shall at all times maintain the appearance of the Bridge, including paint and coatings on the Bridge, in good and clean condition consistent with the condition of Commission's adjoining property. 4. Agency shall promptly remove any graffiti from the Bridge. Graffiti shall be removed by Agency within forty-eight (48) hours of notice from Commission of the existence of any graffiti. 5. Agency shall be responsible for providing security for the Bridge. Commission security personnel will not patrol the bridge. 6. Prior to the opening date of the Bridge, Agency shall install a swing gate for security purposes (the "Gate") in order to prohibit persons from accessing the Bridge during non -operational hours of commuter rail service. Agency shall obtain Commission's approval of the proposed Gate prior to installation. The Gate shall have two sides and shall lock in the middle. The Gate shall be of sturdy material and of sufficient height to keep persons from climbing or otherwise getting over the Gate. The Gate shall be installed on Agency's property at the connection between the Corona Transit Station and the Bridge. Agency shall be responsible for locking and unlocking the Gate inleedi ft'; t ��lule to be agreed;n by Ow I''artee�. Agency shall provide keys for the Gate to Commission upon Commission's request. Commission employees, agents or contractors shall be entitled to unlock the Gate in the case of emergencies. 7. Prior to the opening date of the Bridge, Agency shall place signage on the Bridge notifying users that the Bridge is owned, operated and maintained by Agency. Such signage shall be easily visible by users of the Bridge and shall include appropriate Agency contact information for comments or complaints. 8. Agency shall maintain current an on -call service company available to address any issues related to its elevator which provides access from the Corona "Transit Station to the Bridge. Agency shall establish procedures for transporting persons who are unable to access the Bridge during times that said elevator is out of service. Exhibit D 87 R V PUBIHSHANEV61954.8 9. Should Agency fail to maintain appropriate safety and security of the Bridge, in Commission's sole discretion, in addition to any other remedies of Commission under this Agreement, Commission may require Agency, at its sole cost and expense, to install a gated entry on the Licensed Property which Commission may keep locked during non -operational hours of commuter rail service. R V PUMSHANE176 t 954.8 Exhibit D 88 • • AGENDA ITEM 81 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Josefina Clemente, Transit Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Measure A Specialized Transit Funds as Capital Match for the Fiscal Year 2008 Section 5310 Programs STAFF RECOMMENDATION: This item is for the Commission to: 1) Allocate Measure A Specialized Transit funds to provide the required capital match for the FY 2008 Section 5310 Program as follows: • $14,452 to Mountain Shadows Support Group (MSSG); • $10,896 to Care Connexxus, Inc. (CCI); • $5,850 to Peppermint Ridge; • $5,047 to Care -A -Van Transit Systems, Inc. (Care -A -Van); 2) Approve agreements with the following FY 2008 Section 5310 grant recipients for Measure A Specialized Transit funds available in Western Riverside County as follows: • Agreement No. 10-26-044-00 with MSSG for $14,452; • Agreement No. 10-26-045-00 with CCI, Inc. for $10,896; • Agreement No. 10-26-046-00 with Peppermint Ridge for $5,850; • Agreement No. 10-26-047-00 with Care -A -Van for $5,047; and 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. BACKGROUND INFORMATION: MSSG, CCI, Peppermint Ridge, and Care -A -Van were recently notified by Ca!trans that their agencies were approved to receive funding under the Federal Transit Administration's FY 2008 Section 5310 grant program. The Section 5310 program provides funding for 88.53% of the cost of capital projects. It is Commission policy to set aside, on an annual basis, Measure A funds to provide the local match to operators located in Western Riverside County that are successful in obtaining federal funds through the Section 5310 program. MSSG, CCI, Peppermint Ridge, and Care -A -Van are requesting that the required Agenda Item 81 11.47% match be funded from Measure A Specialized Transit funds available in Western Riverside County. Agency Total Project Cost Federal Award Capital Item Mountain Shadows $126,000 $111,548 Two (2) Type II Western Riverside Medium Buses Care Connexxus, Inc. $ 95,000 $ 84,104 Type VII Large Bus Riverside, CA Peppermint Ridge $ 51,000 $ 45,150 Modified Van and Corona, CA Mobile Radio Care -A -Van $ 44,000 $ 38,953 Minivan San Jacinto, CA MSSG, with a service area in Western Riverside County, is dedicated to promoting the optimal health, development and independence of its medically fragile residents through transportation services. MSSG strives to fuel the growth of its clients' abilities by enhancing life, leisure, and work skills by meeting medical, developmental and social needs. CCI specializes in the care of frail elderly persons with Alzheimer's disease and also serves a large population of persons over the age of 18 with disabling conditions. CCI also provides adult day health care and day program services for older adults who cannot care for their own needs. Clients who are not able to utilize public transportation systems due to safety concerns are transported from their homes to the two Care Connexxus, Inc. centers in Riverside and Sun City. Peppermint Ridge provides specialized transportation service and programs to people with developmental disabilities, transporting clients to day programs, medical appointments, and social activities. The agency also offers training and guidance on essential living skills, including using public transit to help participants obtain the greatest possible degree of independence. The agency has been serving the disabled community in the city of Corona for 50 years. Care -A -Van provides accessibility to community resources for seniors, disabled, and the truly needy. Clients are given the opportunity for safe transportation to medical appointments, social service agencies, education and literacy classes, job Agenda Item 81 training, employment, and specialized services, including a shopping assistance program for seniors and the disabled. The total requested amount for local match in Measure A funding for the four agencies is $36,245. If the requests for funding are approved, the local match will be placed on deposit directly with Ca!trans. No budget amendment is necessary. r— Financial Information In Fiscal Year Budget: Yes Year: FY 2009/10 Amount: $ 36,245 Source of Funds: Measure A Specialized Transit Funding: Western Riverside Budget Ad ustment: No GLA No.: 225 26 86103 Fiscal Procedures Approved: \1414444,40.11 Date: 12/17/2009 Agenda Item 81 • AGENDA ITEM 8J • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Brian Cunanan, Commuter Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement for the Operation of the Freeway Service Patrol Program in Riverside County STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 10-45-036-00 with the California Department of Transportation (Caltrans) for the operation of the Riverside County Freeway Service Patrol (FSP) program in the amount of $1,657,171 in state funding for FY 2009/10; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: The Riverside County FSP program has been in operation for over 15 years and provides roving tow truck service on nine beats on State Routes 60 and 91, and Interstates 15 and 215 during the morning and afternoon commute hours. The FSP program is funded by the state of California (80%) and local Service Authority for Freeway Emergencies (SAFE) fees (20%). Funds are allocated to participating agencies through a formula based on population, urban freeway lane miles, and levels of congestion. The agreement for FY 2009/10 provides for continued state funding in the amount of $1,657,171 and requires a local match of $414,293. This is an increase of $933 in state funds over the funding level for FY 2008/09. The Commission's FY 2009/10 budget for the Motorist Assistance Program includes $1,657,500 in state funding. Any state funds not claimed in the current fiscal year may be carried over and claimed in FY 2010/11. A budget adjustment is not required at this time and upon approval of this agenda item, the Commission will execute this fund transfer agreement with Caltrans. Agenda Item 8J 92 Annually, the FSP program provides approximately 44,000 assists to stranded motorists along Riverside County freeways. The Commission contracts with four tow truck operators to provide 22 tow trucks to patrol these routes Monday through Friday during the peak commute hours, 5:30 a.m. to 8:30 a.m. and 3:00 p.m. (1:00 p.m. on Fridays) to 7:00 p.m. The program's day to day field supervision is handled by the California Highway Patrol. Financial Information In Fiscal Year Budget: Yes Year: FY 2009/10 Amount: $1,657,171 Source of Funds: State of California Budget Ad ustment: No GLA No.: 201 45 41505 Fiscal Procedures Approved: \Pte,u4„0,34,44, Date: 12/15/2009 Attachment: FSP Program Fund Transfer Agreement No. 10-45-036-00 Agenda Item 8J 93 Agreement No. 10-45-036-00 FREEWAY SERVICE PATROL PROGRAM FUND TRANSFER AGREEMENT (Non Federal) Agreement No. FSP10-6054(062) Location: 08-RIV-Var-RCTC Project No. FSP10-6054(062) EA: 08-925166L THIS AGREEMENT, effective on July 1, 2009, is between the State of Califomia, acting by and through the Department of Transportation, hereinafter referred to as "STATE", and the Riverside County Transportation Commission, a public agency, hereinafter referred to as "ADMINISTERING AGENCY." WHEREAS, Streets and Highways Code (S&HC) Section 2560 et seq. authorizes STATE and administering agencies to develop and implement a Freeway Service Patrol (FSP) program on traffic -congested urban freeways throughout the state; and, WHEREAS, STATE has distributed available State Highway Account funds to administering agencies participating in the FSP Program in accordance with S&HC Section 2562; and, WHEREAS, ADMINISTERING AGENCY has applied to STATE and has been selected to receive funds from the FSP Program for the purpose of Freeway Service Patrol for FY 2009-2010, hereinafter referred to as "PROJECT"; and, WHEREAS, proposed PROJECT funding is as follows: Total Cost State Funds $2,071,464.00 $1,657,171.00 Local Funds $414,293.00; and, WHEREAS, STATE is required to enter into an agreement with ADMINISTERING AGENCY to delineate the respective responsibilities of the parties relative to prosecution of said PROJECT; and, WHEREAS, STATE and ADMINISTERING AGENCY mutually desire to cooperate and jointly participate in the FSP program and desire to specify herein the terms and conditions under which the FSP program is to be conducted; and, WHEREAS, ADMINISTERING AGENCY has approved entering into this Agreement under authority of Resolution No. approved by ADMINISTERING AGENCY on , a copy of whichis attached. For Ca!trans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance 1 Dat (I r{-0 7 I $ I, 657/ . D-D Chapter) Statutesl Item `l fiscal Year' Program I BC I Category'Fund Source' $1,657,171 Accounting Officer 1 1 2009 12660-102-042 12009/2010 120.30.010.6001 C 1 262040 1 114-042-T 1 1 1 1 1 1 1 1 1 Page 1 of 6 94 Non -Fed FSP NOW, THEREFORE, the parties agree as follows: SECTION I STATE AGREES: • 1. To define or specify, in cooperation with ADMINISTERING AGENCY, the limits of the State Highway segments to be served by the FSP as well as the nature and amount of the FSP dedicated equipment, if any, that is to be funded under the FSP program. 2. To pay ADMINISTERING AGENCY the STATE's share, in amount not to exceed $1,657,171.00 of eligible participating PROJECT costs. 3. To Deposit with ADMINISTERING AGENCY, upon ADMINISTERING AGENCY's award of a contract for PROJECT services and receipt of an original and two signed copies of an invoice in the proper form, including identification of this Agreement Number and Project Number, from ADMINISTERING AGENCY, the amount of $265,147.36. This initial deposit represents STATE's share of the estimated costs for the initial two months of PROJECT. Thereafter, to make reimbursements to ADMINISTERING AGENCY as promptly as state fiscal procedures will permit, but not more often than monthly in arrears, upon receipt of an original and two signed copies of invoices in the proper form covering actual allowable costs incurred for the prior sequential month's period of the Progress Payment Invoice. (The initial deposit will be calculated at 16% of the STATE's total share.) 4. When conducting an audit of the costs claimed by ADMINISTERING AGENCY under the. provisions of this Agreement, STATE will rely to the maximum extent possible on any prior audit of ADMINISTERING AGENCY performed pursuant to the provisions of state and federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to STATE when planning and conducting additional audits. SECTION II ADMINISTERING AGENCY AGREES: 1. To commit and contribute matching funds from ADMINISTERING AGENCY resources, which shall be an amount not less than 25 percent of the amount provided by STATE from the State Highway Account. 2. The ADMINISTERING AGENCY's detailed PROJECT Cost Proposal is attached hereto and made an express part of this Agreement. The detailed PROJECT Cost Proposal reflects the provisions and/or regulations of Section III, Article 8, of this Agreement. 3. To use all state funds paid hereunder only for those transportation related PROJECT purposes that conform to Article XIX of the California State Constitution. 4. STATE funds provided to ADMINISTERING AGENCY under this Agreement shall not be used for administrative purposes by ADMINISTERING AGENCY. Page 2 of 6 95 Non -Fed FSP • 5. To develop, in cooperation with STATE, advertise, award, and administer PROJECT contract(s) in accordance with ADMINISTERING AGENCY competitive procurement procedures. 6. Upon award of a contract for PROJECT, to prepare and submit to STATE an original and two signed copies of invoicing for STATE's initial deposit specified in Section I, Article 3. Thereafter, to prepare and submit to STATE an original and two signed copies of progress invoicing for STATE's share of actual expenditures for allowable PROJECT costs. 7. Said invoicing shall evidence the expenditure of ADMINISTERING AGENCY's PROJECT participation in paying not less than 20% of all allowable PROJECT costs and shall contain the information described in Chapter 5 of the Local Assistance Procedures Manual and shall be mailed to the Department of Transportation, Accounting Service Center, MS 33, Local Program Accounting Branch, P.O. Box 942874, Sacramento CA, 94274-0001. 8. Within 60 days after completion of PROJECT work to be reimbursed under this Agreement, to prepare a final invoice reporting all actual eligible costs expended, including all costs paid by ADMINISTERING AGENCY and submit that signed invoice, along with any refund due STATE, to the District Local Assistance Engineer. Backup information submitted with said final invoice shall include all FSP operational contract invoices paid by ADMINISTERING AGENCY to contracted operators included in expenditures billed for to STATE under this Agreement. 9. COST PRINCIPLES A) ADMINISTERING AGENCY agrees to comply with, and require all project sponsors to comply with, Office of Management and Budget Circular A-87, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. B) ADMINISTERING AGENCY will assure that its Fund recipients will be obligated to agree that (1) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items and (2) those parties shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub -recipient receiving Funds as a contractor or subcontractor under this Agreement shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C) Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Fund moneys due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third -party source, including, but not limited to, the State Treasurer, the State Controller and the California Transportation Commission. Page 3 of 6 96 Non -Fed FSP 10. THIRD PARTY CONTRACTING • A) ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Govemment Code Sections 4525 (d), (e), and (f)] on the basis of a noncompetitive negotiation for work to be performed using Funds without the prior written approval of STATE. B) Any subcontract or agreement entered into by ADMINISTERING AGENCY as a result of disbursing Funds received pursuant to this Agreement shall contain all of the fiscal provisions of this Agreement; and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as project costs only after those costs are incurred and paid for by the subcontractors. C) In addition to the above, the preaward requirements of third party contractor/consultants with ADMINISTERING AGENCY should be consistent with Local Program Procedures as published by STATE. 11. ACCOUNTING SYSTEM ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate Fund expenditures by line item. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support foe reimbursement payment vouchers or invoices. 12. RIGHT TO AUDIT For the purpose of determining compliance with this Agreement and other matters connected with the performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors and STATE shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times for three years from the date of final payment of Funds to ADMINISTERING AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent for audits, examinations, excerpts, and transactions, and ADMINISTERING AGENCY shall furnish copies thereof if requested. Page 4 of 6 97 Non -Fed FSP • • • • 13. TRAVEL AND SUBSISTENCE Payments to only ADMINISTERING AGENCY for travel and subsistence expenses of ADMINISTERING AGENCY forces and its subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non -represented State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those authorized DPA rates, then ADMINISTERING AGENCY is responsible for the cost difference and any overpayments shall be reimbursed to STATE on demand. 14. SINGLE AUDIT ADMINISTERING AGENCY agrees to include all state (Funds) and federal funded projects in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with Office of Management and Budget Circular A-133. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement is available only upon the passage of the State Budget Act containing these STATE funds. The starting date of eligible reimbursable activities shall be JULY 1,2009. 2. All obligations of ADMINISTERING AGENCY under the terms of this Agreement are subject to authorization and allocation of resources by ADMINISTERING AGENCY. 3. ADMINISTERING AGENCY and STATE shall jointly define the initial FSP program as well as the appropriate level of FSP funding recommendations and scope of service and equipment required to provide and manage the FSP program. No changes shall be made in these unless mutually agreed to in writing by the parties to this Agreement. 4. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to this Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 5. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. It is understood and agreed that pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify, and save harmless the State of California, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. Page 5 of 6 98 Non -Fed FSP 6. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for an.) injury, damage or liability occurring or arising by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless ADMINISTERING AGENCY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 7. ADMINISTERING AGENCY will maintain an inventory of all non -expendable PROJECT equipment, defined as having a useful life of at least two years and an acquisition cost of $500 or more, paid for with PROJECT funds. At the conclusion of this Agreement, ADMINISTERING AGENCY may either keep such equipment and credit STATE its share of equipment's fair market value or sell such equipment at the best price obtainable at a public or private sale (in accordance with established STATE procedures) and reimburse STATE its proportional share of the sale price. 8. ADMINISTERING AGENCY and its sub -contractors will comply with all applicable Federal and State laws and regulations, including but not limited to, Office of Management and Budget Circular A-97, Cost Principles for State and Local Govemments (49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments). 9. In the event that ADMINISTERING AGENCY fails to operate the PROJECT commenced an. reimbursed under this Agreement in accordance with the terms of this Agreement or fails t comply with applicable Federal and State laws and regulations, STATE reserves the right to terminate funding for PROJECT, or portions thereof, upon written notice to ADMINISTERING AGENCY. 10. This Agreement shall terminate on June 30, 2011. However, the non -expendable equipment and liability clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation By: By: RIVERSIDE COUNTY TRANSPORTATION COMMISSION Office of Project Implementation, South Title: Division of Local Assistance Date: Date: Page 6 of 6 99 Non -Fed FSP • • AGENDA ITEM 9 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Mid -Year Revenue Projections STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the Mid -Year Revenue Projections; 2) Approve the budget reduction adjustments to Measure A revenues of $15.5 million and expenditures of $7,307,100 to reflect the revised Measure A projections; and 3) Approve the budget reduction adjustments to Local Transportation Fund (LTF) revenues of $6,586,600 and expenditures of $123,200 to reflect the revised LTF projections. BACKGROUND INFORMATION: Prior to the beginning of the fiscal year, staff made projections regarding the revenue received from Measure A, LTF, and Transportation Uniform Mitigation Fee (TUMF) funds for budget purposes. Additionally, staff received initial revenue allocation estimates related to State Transit Assistance (STA) revenues from the state. Staff has tracked the Measure A, LTF, and TUMF revenues on a monthly basis. Current trends indicate that Measure A and LTF receipts are about 18.49% and 17.95% lower, respectively, for the six months ended December 31, 2009, compared to the same period last year. The downward trend in receipts over the past six months is slightly higher than the trend noted in the final revenues recorded for FY 2008/09, which indicated a decrease of 16.03% and 15.20% in Measure A and LTF revenues, respectively. The current trend reflects an improvement since the earlier fiscal year levels, which were as high as a 28% decrease. Additionally, a comparison of the December 2009 receipt against the December 2008 receipt reflects the first increase over a 21-month period dating back to March 2008; the current trend is consistent with economic forecasts. TUMF revenues have declined 26.6% for the five months ended November 30, 2009, compared to the same period last year. Agenda Item 9 100 For comparative purposes, Measure A receipts were at its highest level in FY 2006/07 totaling $157,092,807. The recession has significantly impacted the Inland Empire's local economy, which may not improve until FY 2010/11 based on recent economic forecast information. Accordingly, staff has taken a conservative approach to this year's mid -year projection analysis based on the decreased revenue trend noted through December 2009. The current projections reflect a 32.5% decrease over a three year period. Staff is recommending that the Commission decrease the current year revenue projections as follows: FY 2009/10 Revenue Projections Measure A LTF TUMF Original (January 2009) $ 126,000,000 60,000,000 5,000,000 FY 2009/10 Budget $121,500,000 59,000,000 5,000,000 Revised for Mid -Year Adjustment $ 106,000,000 52,500,000 5,000,000 Decrease from Budget $ 15,500,000 6,500,000 0 For reference purposes, audited revenues for FY 2008/09 were approximately $119.688 million (Measure A), $58.779 million (LTF), and $9.889 million (TUMF). The decrease in Measure A revenues has a direct effect on the distributions to the geographic areas and related programs, especially local streets and roads (LSR). Accordingly, in addition to the revenue budget adjustments, Measure A budget adjustments for expenditures are required for the LSR aggregating $4.693 million, Western County (WC) specialized transportation for Consolidated Transportation Service Agency of $72,400, WC bus transit of $173,700, Coachella Valley (CV) specialized transportation of $546,000, and CV highways and regional arterials of $1.822 million. The decrease in Measure A revenues also results in a decrease in the 1 % statutory limitation on administrative salaries and benefits. Based on a preliminary analysis through December 31, 2009, it appears that this limitation may be slightly exceeded as a result of the decreased Measure A revenue projection; however, staff is performing a more extensive analysis and preparing an action plan for the remainder of this fiscal year. Staff has also decreased the Measure A revenue allocation for administration costs by $300,000 to $2.7 million. This revised allocation does not exceed the 4% limitation on administration costs adopted by the Commission in a prior year. The LTF audit was completed and financial statements were issued in November 2009. Staff has revised the original projections to include the carryover that is now available to the local governments and transit agencies amounting to $5,281,222. Staff has also decreased the LTF allocation for administration costs by $50,000 to $700,000. Adjustments are required for the Commission Agenda Item 9 101 • • • • Administration and Planning of $50,000 and $36,600, respectively. The decrease for SB821 bicycle and pedestrian projects of approximately $22,600 does not require a budget adjustment as this amount will be included in the amount available for the next call for projects. Staff is analyzing the impact of the LTF apportionments for transit operators and will coordinate adjustments, if any, with the affected operators in a subsequent agenda item. Upon Commission approval of this agenda item, staff will provide this updated information to the necessary local governments and transit operators. Additionally, staff will continue to monitor FY 2009/10 revenue to determine if any adjustments to the revenue projections or Measure A Administration are necessary. Financial Information In Fiscal Year Budget: No Year: FY 2009/10 Amount: $16,586,600) sales tax revenues; $1123,200) expenditures Source of Funds: LTF Budget Adjustment: Yes GLA No.: 601 62 40101 $ (6,500,000) 601 62 86204 (50,000) 601 62 86205 (36,600) 101 1X 40101 (50,000) 106 65 40101 (36,600) LTF sales tax revenues LTF administration expenditures LTF planning expenditures General Fund LTF revenues LTF Planning Fund sales tax revenues LTF Planning Fund p anning expenditures Fiscal Procedures Approved: \i/ttu4a,11, Date: 01 /05/2010 Agenda Item 9 102 Financial Information $(15,500,000) sales In Fiscal Year Budget: No Year: FY 2009/10 Amount: tax revenues $(7,307,100) various expenditures Source of Funds: Measure A Budget Ad ustment: Yes Revenues: 101 1X 40100 $ (300,000) Administration 260 26 40100 (289,700) Western County (WC) Special Transit sales tax 261 31 40100 (1,261,000) WC New Corridors sales tax 262 31 40100 (3,474,000) WC Highway sales tax 263 41 40100 (169,400) WC Commuter Assistance sales tax 264 19 40100 (920,000) WC Bond Financing sales tax 265 33 40100 (694,200) WC Rail Transit sales tax 266 72 40100 (1,021,000) WC Regional Arterial sales tax 267 71 40100 (3,303,000) WC LSR sales tax 268 31 40100 (136,000) WC Economic Development sales tax 269 62 40100 (173,700) WC Bus Transit sales tax 257 71 40100 (1,275,000) CV LSR sales tax GLA No.: 256 31 40100 (1,822,000) CV Highway and regional arterial sales tax 258 26 40100 (546,000) CV Special Transit sales tax 234 71 40100 (115,000) Palo Verde Valley (PVV) LSR sales tax $(15, 500,000) Appropriations: 267 71 86104 $(3,303,000) WC LSR expenditures 257 71 86104 (1,275,000) CV LSR expenditures 234 71 86104 (115,000) PVV LSR expenditures 256 31 86405 (1,822,000) CV Highway and regional arterial expenditures 260 26 86101 (72,400) WC Special Transit operating expenditures 269 62 86101 (173,700) WC Bus Transit operating expenditures 258 26 86101 (546,000) CV Specialized Transit operating expenditures $ (7,307,100) Fiscal Procedures Approved: \44fd,,,14,,,z, Date: 01/05/2010 Attachments: FY 2009/10 Mid -Year Revenue Projections for Measure A and LTF Agenda Item 9 103 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A DISTRIBUTOR PROJECTION IMid-Year Revision) FY 2009N0 FY 2009110 FY 2009110 FY 2009/10 Revised Revised Mid -Year Projection for Original Projection Budget Projection MEASURE A PROJECTION $106,000,000 $121,500,000 $128,000,000 LESS: ADMINISTRATOR. 2,700,000 3,000,000 3,400,000 TOTAL PROJECTION 6103,300,000 $118,500,000 1122,600,000 Local Streets Regional Economic Bond B Roads Highway Arterials Development New Corridors Public Transit Financing 28.87% 30.38% 8.93% 1.18% 11.01% 11.61% 8.04% WESTERN COUNTY PORTION $T7,756,000 $22,448,000 $23,607,000 $6,944,000 $917,000 $8,561,000 68,027,000 $6,252,000 BANNING $362,000 BEAUMONT $0 CALIMESA $93,000 CANYON LAKE 6119,000 CORONA $2,538,000 HEMET $1,047,000 LAKE ELSINORE $725,000 MENIFEE 6809 000 MORENO VALLEY $2,279,000 MURRIETA 61,363,000 NORCO $431 000 PERRIS 6725,000 (RIVERSIDE $4,448,000 SAN JACINTO 5422,000 TEMECULA $1,784,000 WILDOMAR $348,000 RWERSIDE COUNTY $4,553,000 RCTC $402,000 AREA TOTAL $22,448,000 COACHELLA VALLEY PORTION Highway 8 Local Streets Regional 8 Roads Arterials Public Transit 35.00% 50.00% 15.00% $24,760,000 $8,666,000 $12,300,000 $3,714,000 CATHEDRAL CITY $989 000 COACHELLA 404,000 DESERT HOT SPRINGS 275,000 INDIAN WELLS 163,000 INDIO 1,105,000 LA °UINTA 0 PALM SPRINGS 1,209,000 PALM DESERT 1,771,000 RANCHO MIRAGE 626,000 RIVERSIDE COUNTY 1,166,000 CVAG 964,000 AREA TOTAL $8,666,000 PALO VERDE VALLEY PORTION Local Streets 8 Roads 100.00% 6784,000 $784,000 BLYTHE $616,000 RIVERSIDE COUNTY 168,000 AREA TOTAL 784,000 NOTES: Estimate for Planning Purposes, subject to change and rounding differences 104 J 1301010I January, Al TT, CommA01 MeawireA %n 20910 EfEYear Revtian aN • • • RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FY 2009/10 APPORTIONMENT (Revised 12/09) Estimated Carryover (Unapportioned) Est. Receipts TOTAL Less' Auditor Less: RCTC Administration Less: RCTC Planning (3% of revenues) Less: SCAG Planning BALANCE Less: SB 821 (2%of balance) BALANCE AVAILABLE BEFORE RESERVES Less: 10% Transit Reserves BALANCE AVAILABLE FOR APPORTIONMENT APPORTIONMENT Western Coachella Valley Palo Verde Valley Population Population % of Total 1,609,588 77.08% 449,441 21.52% 29,293 1.40% 2,088,322 100.00% $48,704,468 Revised Budget FY 2009/10 Apportionment $37,539,291 10,481,997 683,180 Revised Budget FY 2009/10 Projection $5,281,222 52,500,000 57,781,222 12,00D 700,000 1,733,437 115,300 55,220,485 1,104,410 Original Budget FY 2009/10 Increase Projection (Decrease) $0 $5,281,222 59,000,000 ($6,500,000) 59,000,000 (1,218,778) 12,000 $0 750,000 ($50,000) 1,770,000 ($36,563) 115,300 $0 56,352,700 (1,132,215) 1,127,054 ($22,644) 54,116,076 55,225,646 (1,109,570) 5,411,608 5,522,565 ($110,957) $49703 081 ($998,613) Original Budget FY 2009/10 Rail Apportionment Decrease 22% Transit 78% $38,308,979 ($769,688) $8,258,644 $29,280,647 10,696,915 ($214,918) 697,188 ($14,008) $48,704,468 $49 703,081 ($998,613) ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12, now Western: Rail $917,627 Transit: RTA Banning Beaumont Corona Riverside Subtotal Transit 3,253,405 Subtotal Western 4,171,032 Coachella Valley 1,164,666 Palo Verde Valley 75,909 Total Reserves $2,796,902 77,165 72,852 115,143 191,344 $3,253,405 $5,411,608 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Population Source: California Department of Finance, Demographic Research Unit as of January 1, 2008 Allocation of Reserves. FY 2007/08 SRTP Funding Allocations Approved 7/11/07, except for Beaumont which was approved on 1/14/09 Jt12010101 January19.A2.TT. Comm Aft 2.LTF 2009-2010 Apportionments Mid YEar Revision.xlsx 1/5/201012:06 PM 105 Revenue Projections Presentation to the Commission January 13, 2010 Revenue Projections • Annual process to assess Measure A and Lo Transportation Fund (LTF) tax revenues — Current fiscal year — Next fiscal year for budget development — Transportation Uniform Mitigation Fee (TUMF) also considered — State Transit Assistance (STA) revenues no longer anticipated • Projection based on current trends, prior year history, economic data, and other available information Sales Tax Trends in 2009 • Continued declining monthly receipts compared to same period in prior year • Overall decline in rolling twelve months — 91.6% at 1 /09 compared to 80.4% at 1 /10 109.0% 104.0% 99.0% 94.0% 89.0% 84.0% 79.0% Measure A Receipts (Rolling 12 Months) oA oA Sao C A^ oG�A�,�oAq,���oe,JoAq,PJA �Q,p��� oo PQ�Ao,JoAo��QA �oo°j,�� o Activity by Economic Category Analysis of regional business activity by economic category for year ended 3rd Quarter 2009 General Retail % of Total / % Change d1rc s•° 30.8/-10.6 30.8/-11.7 1 - 30.6/-7.4 - . NA 33.1/-3.9 30.7/-11.5 29.2/-10.6 30.9/-7.9 35.7/-9.2 Food Products % of Total / % Change 1' ' 19.5/-6.6 20.0/-6.5 17.4/-6.4 17.8/-5.1 19.9/-6.8 17.9/-7.8 19.6/-7.3 29.0/-6.6 Construction % of Total / % Change, , I i31 9.2/-20.2 8.8/-20.6 11.3/-22.4 11.7/-19.7 8.5/-18.7 11.2/-25.6 14.2/-20.1 9.8/-18.4 Transportation �._ % of Total / % Change ,, rI", 20.9 / -27. 5 17.8 / -27. 6 23.2 / -24. 5 22.1 / -28. 2 21.3 / -27. 0 23.5 / -31. 6 25.3 / -27. 3 17.3 / -26. 5 Business to Business % of Total / % Change o'' 18.2/-17.4 21.4/-17.1 16.2/-16.6 14.3/-16.9 18.3/-18.0 16.0/-13.6 9.2/-26.5 6.8/-21.4 Miscellaneous % of Total / % Change l'"if�, 1.3/-9.7 1.4/-6.3 1.3/-4.9 0.9/-8.7 1.2/-13.1 2.2/-5.0 0.9/-7.9 1.4/17.9 Total 1> � ��S.8 100.0 / -16.2 100.0 / -16.0 100.0 / -15.1 100.0 / -14.4 100.0 / -16.3 100.0 / -18.3 100.0 / -17.1 100.0 / -13.6 Source: MuniServices Activity by Three Largest Economic Segments Analysis of regional business activity by three largest economic segments for year ended 3rd Quarter 2009 Largest Segment % of Total / % Change 2nd Largest Segment % of Total / % Change 3rd Largest Segment % of Total / % Change Restaurants 13.3 / -7.0 Department Stores 11.4 /-7.6 Service Stations 8.2 / -32.2 ECONOMIC SEGMENTS ANALYSIS Restaurants 13.7/-7.2 Department Stores 10.4 / -9.2 Misc. Retail 7.6/-13.4 Department Stores 12.8/-4.6 Restaurants 10.9/-5.4 Auto Sales - New 8.6 / -24.3 Department Stores 16.1 /-4.2 Restaurants 10.5/-2.4 Service Stations 9.2 / -30.2 Restaurants 14.0/-7.4 Department Stores 10.9 /-7.9 Auto Sales - New 8.5 / -25.2 Department Stores 12.4/-8.2 Restaurants 11.3/-7.7 Service Stations 9.8 / -32.7 Department Stores 13.5/-7.1 Services Stations 10.4 /-29.2 Restaurants 10.3 / -7.3 Restaurants 19.7/-8.2 Misc. Retail 11.4 /-7.0 Department Stores 10.2 / -15.2 Source: MuniSer ices Historical Sales Tax by Segmer►� Sales tax levels for RCTC for year ended 3rd Quarter 2009 and highs and lows for each segment over last two years $20,000 $18,000 $16,000 $14,000 $12,000 $10,000 $8,000 $6,000 $4,000 $2,000 $0 �c4`b (in thousands of $) Pl 1 WEINI_ 1 ■ I' 'MI IN II r Immo ir-1-9.rman issomalos•--] issolussoli INNEINNINNI ■ 3Q2009 • High ■ Low 5�� 1.4. c,`�`� Azad Sit ays ¢e e �1apo` Q4 Source: MuniServices Measure A Revenues • Currently about 18% below last year level for first seven months • Mid -year projection for FY 09/10 — $106 million — 13% decrease from budget — 11 % decrease from FY 09 revenue — $300,000 administration revenue decrease • FY 10/11 projection — $106 million — Unchanged due to economic uncertainties z $180.0 $160.0 $140.0 $120.0 $100.0 $80.0 $60.0 $40.0 $20.0 $ - ,yo5 Measure A Revenues Actual -F Projection --•— Budget • Effect on 1 % administrative salaries and benefits — Requires continued monitoring LTF Revenues • Currently about 18% below last year level for first seven months • Mid -year projection for FY 09/10 — $52.5 million — 11 % decrease from budget — 11 % decrease from FY 08/09 revenue — $50,000 administration revenue decrease • FY 10/11 projection — $52.5 million — Unchanged due to economic uncertainties Local Transportation Fund Revenues $80.0 $70.0 $60.0 e $50.0 O $40.0 $30.0 $20.0 $10.0 $- • ti��� ti��� � 6 �1 ti9 ti9^O `P�� -� Actual -s- Projection Budget Measure A and LTF Taxes • Changes in Measure A and LTF taxes are not equal • Measure A is a'/2% transactions and use tax - Place of consumption • LTF is funded from 1/4% of the state's sales tax - Point of sale TUMF Revenues • Currently about 1 lower than last year • Mid -year projection for FY 09/10 — $5 million • FY 10/11 projection - $5 million - Unchanged due to housing uncertainties Transportation Uniform Mitigation Fee Revenues $100.0 en$80.0 p $60.0 $40.0 $20.0 $- -4,— Actual -111- Projection -21,- Budget ti°°a 95) ti°°° 15) ti°°° ti° ti° ti STA Revenues • State revenue source for transit capital — Sales tax on gasoline and diesel fuels — State suspended allocations beginning in FY 09/10 — $26.1 million in reserves at 6/30/09 • Mid -year projection for FY 09/10 - $0 (unchanged) • FY 09/10 projection - $o State Transit Assistance Revenues $21.0 $18.0 $15.0 w $12.0 $9.0 $6.0 $3.0 -4- Actual -ill-Projection --A-Budget • Approval of FY 09/10 mid -year projections — Including related budget adjustments • Approval of FY 10/11 projections • Continued monitoring of revenues for FY 09/10 — Administrative salaries and benefits • Assessment of revenue trends through completion of FY 10/11 budget development • Advise local jurisdictions of FY 09/10 revised and FY 10/11 projections — Local streets and roads funding — CV regional arterial and specialized transit funding AGENDA ITEM 10 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2010/1 1 Revenue Projections STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the projections of the Local Transportation Fund (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; 3) Approve the projections for Transportation Uniform Mitigation Fee (TUMF) revenues. BACKGROUND INFORMATION: Local Transportation Fund The LTF projection consists of revenues generated from a quarter cent of the statewide sales tax. These LTF funds are principally used to fund transit requirements within the county of Riverside (County). The Transportation Development Act (TDA) legislation that created LTF requires the County Auditor Controller to annually estimate the amount of revenues expected to be generated from the sales tax. That estimate then becomes the basis for geographic apportionment and for claimant allocation through the Short Range Transit Plan process, which commences in January for the next fiscal year. While the County is the taxing authority and maintains custodial responsibility over the LTF revenues, the Commission by statute is charged with administration of the LTF funding process. The practice has therefore been for the Commission staff to develop the revenue estimate and then submit it to the County Auditor Controller for concurrence. Once the Commission and the County have agreed on a revenue amount, Commission staff prepares the statutorily required apportionment. Apportionment is the process that assigns revenues to the three major geographic areas (as defined by TDA law) within the County: Western Riverside (WC), Coachella Valley (CV), and Palo Verde Valley (PVV). The revenues are divided 106 based on the respective populations for each area. The apportionment occurs after off -the -top allocations for administration (distributed to the County, Commission, and Southern California Association of Governments and set asides for planning activities (3%) and bicycle and pedestrian projects (2%). Attachment 1 is the FY 2010/11 LTF apportionment based on a revenue estimate of $52.5 million. The estimate will be submitted to the County for its concurrence. The estimate is based on the revised projection for FY 2009/10 and assumes no change at this time. After the deductions for administration of $712,000 and set- asides of $2,692,254, the amount available for apportionment before reserves is $49,095,746. The balance available for apportionment is as follows: Apportionment Area Amount Western County $ 38,240,702 Coachella Valley 10,209,520 Palo Verde Valley 645,524 Total $ 49,095,746 In accordance with the Reserve Policy adopted by the Commission on January 12, 2005, a reserve of 10% for each apportionment area will be established and set -aside for FY 2010/11 for unforeseen cost increases or other emergency. For the Western County apportionment area, a portion of the reserve will be allocated to each of the transit operators. For public bus transit operators, the allocation of the reserve is based on each operator's proportionate share of FY 2008/09 LTF operating allocations. Operators may access reserve funds by amending their Short Range Transit Plans through the established amendment process. Measure A The Measure A projection consists of revenues generated from the local half -cent transactions and use tax approved by the voters in November 2002. These Measure A funds are principally used to fund highway, regional arterial, local streets and roads, new corridors, economic development, bond financing, bus transit, commuter rail, commuter assistance, and specialized transportation projects in the three geographic areas of Riverside County, as defined in the Measure A Expenditure Plan. FY 2010/11 represents the second year of the 30-year term of the 2009 Measure A. The Measure A projection for FY 2010/11 is $106 million. The estimate is based on the revised projection for FY 2009/10 and assumes no change at this time. This projection will become the basis for the preparation of the FY 2010/11 budget. The budget process typically commences in January of each year 107 • • • • • • following the development of the Measure A revenue projections. Additionally, the amounts for the local streets and roads and regional arterial programs are usually provided to the local jurisdictions for planning purposes. After the deduction for administration of $2.7 million, which is approximately 2.5% of Measure A revenues, the amount available for distribution to the three geographic areas is $103.3 million, which is allocated as follows: Geographic Area Amount Western County $ 77,397,000 Coachella Valley 25,153,000 Palo Verde Valley 750,000 Total $ 103,300,000 Transportation Uniform Mitigation Fees The TUMF projection consists of revenues generated from fees charged to new development to ensure it pays for the new transportation facilities needed to accommodate growth. As a result of a memorandum of understanding executed in 2008 between the Commission and the Western Riverside Council of Governments, the administrator of the TUMF program, the Commission receives 48.7% of the TUMF revenues, after an administrative allocation, for the Commission's regional arterial program. The revenue estimate for FY 2010/11 is $5 million. The estimate is based on the projection for FY 2009/10 and assumes no change at this time due to the uncertainty in the housing market. Upon Commission approval of this item, staff will provide this information to the necessary local jurisdictions and transit operators for planning purposes. Staff will continue to monitor FY 2009/10 revenues during the development of the FY 2010/11 budget to determine if any adjustments to the revenue projections are necessary. 108 Financial Information $52,500,000 LTF; In Fiscal Year Budget: N/A Year: FY 2010/11 Amount: $106,000,000 Measure A; $5,000,000 TUMF Source of Funds: LTF, Measure A, and TUMF Budget Ad ustment: N/A 601-62-40101 $ 52,500,000 LTF 101-1X-40100 2,700,000 Measure A Administration 260-26-40100 1,958,500 WC Special Transit sales tax 261-31-40100 8,522,000 WC New Corridors sales tax 262-31-40100 23,498,000 WC Highway sales tax 263-41-40100 1,152,000 WC Commuter Assistance sales tax 264-19-40100 6,223,000 WC Bond Financing sales tax 265-33-40100 4,700,400 WC Rail Transit sales tax GLA No.; 266-72-40100 267-71-40100 6,912,000 22,343,000 WC Regional Arterial sales tax WC LSR sales tax 268-31-40100 913,000 WC Economic Development sales tax 269-62-40100 1,175,100 WC Bus Transit sales tax 257-71-40100 8,803,000 CV LSR sales tax 256-31-40100 12,577,000 CV Highway and regional arterial sales tax 258-26-40100 3,773,000 CV Special Transit sales tax 234-71-40100 750,000 PVV LSR sales tax 210-72-42110 2,500,000 TUMF Regional Arterial revenues 210-73-42110 2,500,000 TUMF CETAP revenues Fiscal Procedures Approved: \;,, Date: 01/05/2010 Attachments: 1) Measure A Distribution Projection FY 2010/11 2) Local Transportation Fund FY 2010/11 Apportionment 109 • • • MEASURE A PROJECTION LESS: ADMINISTRATION TOTAL PROJECTION WESTERN COUNTY PORTION BANNING BEAUMONT CALIMESA CANYON LAKE CORONA HEMET LAKE ELSINORE MENIFEE MORENO VALLEY MURRIETA NORCO PERRIS FRIVERSIDE SAN JACINTO TEMECULA WILDOMAR RIVERSIDE COUNTY RCTC AREA TOTAL COACHELLA VALLEY PORTION CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM SPRINGS PALM DESERT RANCHO MIRAGE RIVERSIDE COUNTY CVAG AREA TOTAL PALO VERDE VALLEY PORTION BLYTHE RIVERSIDE COUNTY AREA TOTAL RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A DISTRIBUTION PROJECTION FY 2010111 FY 2010111 Revised Projection $108,000,000 2,700,000 $103,300,1300 Local Streets & Roads 28.87% $77,397,000 $22,943,000 $351,000 0 93,000 117,000 2,468,000 1,022,000 717,000 746,000 2,270,000 1,339,000 418,000 729,000 4,388,000 434,000 1,768,000 349,000 4,742,000 416,000 922,343,000 Regional Economic Highway Arterials Development 30.36% 8.93% 1.18% $23,498,000 $6,912,000 $913,000 Highway & Local Streets & Regional Roads Arterials Public Transit 35.00% 50.00% 15.00% 825,153,000 $8,803,000 $12,577,000 $3,773,000 $936,000 422,000 282,000 167,000 1,098,000 0 1,288,000 1,800,000 635,000 1,165,000 1,009,000 98,802,000 Local Streets & Roads 100.00% $750,000 $750,000 $608,000 144,000 $750,000 NOTES: Estimate for Planning Purposes, subject to change and rounding differences 110 New Corridors 11.01% $8,522,000 Public Transit 11.81% 88,986,000 Bond Financing 8.04% 96,223,000 • • • RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FISCAL YEAR 2010/11 APPORTIONMENT Budget FY 2010/11 Projection Estimated Carryover (Unapportioned) $0 Est. Receipts 52,500,000 TOTAL 52,500,000 Less: Auditor 12,000 Less: RCTC Administration 700,000 Less: RCTC Planning (3% of revenues) 1,575,000 Less: SCAG Planning (estimate) 115,300 BALANCE 50,097,700 Less: SB 821 (2% of balance) 1,001,954 BALANCE AVAILABLE BEFORE RESERVES 49,095,746 Less: 10% Transit Reserves 4,909,575 BALANCE AVAILABLE FOR APPORTIONMENT $44,186,171 APPORTIONMENT Budget Population FY 2010/11 Rail Transit Population % of Total Apportionment 22% 78% Western 1,641,652 77.89% $34,416,632 $7,571,659 $26,844,973 Coachella Valley 438,289 20.80% 9,188,568 Palo Verde Valley 27,712 1.31 % 580,972 2,107,653 100.00% $44,186,171 ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12, 2005): Western: Rail $841,295 Transit: RTA $2,407,876 Banning 98,504 Beaumont 89,683 Corona 145,930 Riverside 240,781 Subtotal Transit $2,982,775 2,982,775 Subtotal Western 3,824,070 Coachella Valley 1,020,952 Palo Verde Valley 64,552 Total Reserves $4,909,575 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Population Source: Califomia Department of Finance, Demographic Research Unit as of January 1, 2009 Allocation of Reserves: FY 2008/09 SRTP Funding Allocations Approved 7/9/08 111 • AGENDA ITEM 11 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 13, 2010 TO: Riverside County Transportation Commission FROM: Aaron Hake, Government Relations Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Federal and State Legislative Update STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file an update on the federal and state legislation; and 2) Adopt positions on the following bills: a. H.R. 1835 — SUPPORT; and b. S. 1408 — SUPPORT. BACKGROUND INFORMATION: Federal Update "Jobs Bill" Passes House of Representatives, Includes $37 Billion for Transportation In late December, the House passed a plan to re -appropriate unused Troubled Asset Relief Program (TARP) funds for a "jobs package." The jobs legislation focuses on infrastructure spending, including a large chunk for highways, transit, and airports. The House's legislation closely mirrors the transportation provisions of last year's American Recovery and Reinvestment Act (ARRA), with requirements to spend money within 90 days of the law's enactment on shovel -ready projects. The Senate is not poised to take up a jobs bill until January and is likely to write the transportation program differently than the House. Commission staff will keep Commissioners apprised of the key issues that will affect money received for Riverside County projects. Like last year's process with ARRA, this is expected to be a process that changes quickly. In fact, between the time of the writing of this report and final passage of a bill, the fundamental aspects of the bill may be very different. Moreover if the federal bill passes, state legislation might be necessary to implement the funding to regional and local agencies as was the case in 2009. Agenda Item 11 112 Throughout this whole process, what is consistent, however, is the relatively high-level of the negotiations; leadership in the House, Senate, and the White House are the primary drivers. The key areas of concern for the Commission include: • How the dollars are apportioned between states and regional governments; • Realistic but ambitious deadlines for "use -it -or -lose -it" provisions and whether those deadlines are measured by the date: o Funds are obligated; o Contracts are awarded; or o Construction begins; • Waiving non-federal matching requirements; • Administrative flexibility to reprogram funds as a result of this new federal money so that use -it -or -lose -it deadlines can be met; • The extent to which new transit funds can be used for operating costs; o The House bill allows 10% of transit funds to be used for operations; • How much money is actually appropriated; • Whether the structure of the program allows for investment in regionally and nationally significant projects that create jobs in the near term but also create long-term opportunity for economic development through increased regional mobility; and • Whether the structure of the program enables the Commission to ensure delivery of upcoming major projects that are currently relying on state funding, which may not materialize in light of California's financial woes. Commission -sponsored Projects Receive Federal Funding in FY 2010 Appropriations Also in December, the President signed a consolidated appropriations bill containing congressionally -directed funding for the following transportation projects in Riverside County: • Perris Valley Line: $5 million (Feinstein, Bono Mack, Calvert) • Interstate 10/Bob Hope Interchange: $500,000 (Bono Mack) • SunLine Paratransit Buses and Commuter Coaches: $750,000 (Bono Mack) • Alameda Corridor East Grade Separations, Riverside County: $1 .349 million (Boxer, Calvert, Bono Mack) • Metrolink Positive Train Control: $487,000 • State Route 60/Portrero Blvd Interchange: $750,000 (Lewis) • City of Corona Dial -A -Ride Bus Replacement: $208,000 (Calvert) • Riverside Transit Agency Bus Replacement Program: $1.4 million (Calvert) The Commission's appropriations requests for FY 2010 focused on Perris Valley Line and Alameda Corridor Grade Separations. Agenda Item 11 113 • • Additionally, $50 million is appropriated for a nationally competitive grant program for Positive Train Control, which Metrolink will apply for. The Commission wishes to thank all of the members of our Congressional delegation for their support of regional transportation priorities. Transit Agencies Would Benefit From Tax Break Legislation for Alternative Fuels H.R. 1835 and S.1408 are companion bills that would provide tax credits and other incentives for alternative fuels. Transit operators in Riverside County rely heavily upon natural gas and hydrogen fuel -powered buses and would receive substantial savings from the incentives in these bills. One important aspect of H.R. 1835 and S.1408 is a long-term extension of a tax rebate program that provides $93,000 per month to the Riverside Transit Agency (RTA). SunLine Transit Agency (SunLine) is also a beneficiary of this program, as both agencies have been national leaders in operating clean -fuel fleets. As discussed in the next section of this staff report, this rebate program was set to expire on December 31, 2009. RTA has endorsed both bills and has requested the Commission voice its support as well. Local members of the Riverside County delegation in the House of Representatives, Representative Ken Calvert (CA-44), Representative Bono Mack (CA-45) and Representative Darrell lssa (CA-49), are co-sponsors of the House legislation. Both pieces of legislation have been referred to committees, but are not expected to see any action until early this year. Commission staff recommends a SUPPORT position for both bills. Current Tax Rebate Program for Alternative Fuels Set to Expire As mentioned above, a federal tax rebate program for alternative fuels expired on December 31, 2009. The House had passed a "tax extenders" bill that would extend several different tax credits, including the rebate for alternative fuels, for one year. However, the bill has not been considered by the Senate due to the protracted health-care debate. It is not yet known how, or whether, the Senate will reinstate the tax credit. Given a growing aversion to deficit spending, there will be challenges with identifying how to pay for the tax rebates. However, there have been signals that the Senate may consider a retroactive tax credit to cover the lapsed time since the New Year began. RTA has stated that the impact to its budget if the rebates are no longer available is $1,1 16,000 per year. The annual impact to SunLine is approximately $800,000. Commission lobbyists are following developments related to this program closely and are working with major stakeholders such as the American Public Transportation Association (APTA) to push for renewal of this important program. Agenda Item 11 114 State Update Legislative Committees Investigate Key Policy Issues, but Budget Fight Looms November and December were busy months for legislative committees that held hearings on various transportation policy issues. The Assembly Select Committee on Rail held a rail safety hearing in Los Angeles, which included discussion of Metrolink and positive train control (PTC). Metrolink provided testimony and helped the Legislature understand the challenge faced by the Southern California region faces with implementing PTC in a compressed timeframe that is mandated by law. Senator Alan Lowenthal (D-Long Beach), Chair of the Senate Transportation and Housing Committee, held a series of hearings across the state on the topic of high -occupancy vehicle lane policies in California. Assembly Transportation Committee Chairman Mike Eng ID -El Monte) held a hearing in Los Angeles to discuss transit funding challenges. Riverside County transit issues were discussed at the meeting by Marnie Primmer, Executive Director of Mobility 21, a public - private coalition of which the Commission is a member. Representatives of RTA were also in attendance. This hearing also included a presentation by Southern California Association of Governments President Jon Edney on SB 375, highlighting the many challenges the Southern California transportation community faces with this new unfunded mandate. The net result of these hearings is unclear, given that the state's budget problems and dubious credit rating will again overshadow most discussion of policy reforms this year. However, these hearings were an opportunity to hear what is on the minds of committee leadership in Sacramento regarding many critical issues facing transportation agencies across the state. Commission staff and lobbyists will continue to attend and participate in such events, and will continue to reach out to voice the Riverside County perspective. However, the state's financial viability is the primary concern for the Commission. With double digit deficits forecast for this year and into the foreseeable future, transportation funds of all colors will again be vulnerable to raids by the Legislature. Proposition 42, transit "spillover", Highway Users Tax Account (HUTA), are all expected to be on the table. Constitutional protections on some of these funds and recent court rulings will make it more difficult for the Legislature to tap transportation accounts; however, Proposition 1 A (2006) does allow one-time "borrowing" of transportation money that must be repaid within three years, plus interest. If the Legislature goes this route it could jeopardize an enormous chunk of the Commission's delivery plan for the next two -to -three years. Exacerbating the threat to Riverside County transportation projects is the state's inability to sell bonds in the amounts needed to keep projects moving. The Commission is scheduled to receive over $500 million of state money in the next two fiscal years Agenda Item 11 115 • • • for major projects such as the 60/215 East Junction, Perris Valley Line, and the SR-91 HOV lane, plus many interchange projects throughout the county. The Commission will continue to strategize internally as well as with regional and statewide partners to make the most of these lean times. It will be important to tell this region's story to the Legislature and Administration; however, as we go through more budget cycles, the options to balance the budget diminish. This also places increasing importance on the outcome of Congress' jobs bill. In 2009, ARRA played a major role in keeping two 1-10 interchange projects in the Coachella Valley moving forward while state funds began to falter. These projects will go to construction in early 2010. While it is not ideal to begin relying on year-to-year infusions of federal money with many strings attached, the jobs package, if structured properly, may provide a last-minute rescue to several key state -funded projects. Attachment: Legislative Matrix Agenda Item 11 116 RIVERSVUNTY TRANSPORTATION COMMISSION - POSITIONSOSTATE AND FEDERAL LEGISLATION — UPDATED Janu02010 This matrix includes 2009 legislation that is still active in the current sessions of the State Legislature and Congress, in addition to newly introduced legislation in 2010 Ki �i"rir P ,, ?C)Y�-�,1 If to 17°kcs.-111�Y�y�',' F. �,: u�� u,r.i;,, I' AB 266 (Carter) This bill would require the California Transportation Commission, on an every-5-year basis to develop an assessment of the unfunded costs of programmed state projects and federally earmarked projects in the state, as well as an assessment of available funding for transportation purposes and unmet transportation needs on a statewide basis. The bill would require Caltrans to assist. The bill would require the commission to submit the first assessment to the Legislature by 3/1/ 2011. June 11 Referred to Com. on RLS. OPPOSE May 13, 2009 AB 732 (Jeffries) Existing law authorizes the Department of Transportation, until January 1, 2010, to conduct phase 2 of a pilot project through the utilization of design -sequencing contracts, for the design and construction of not more than 12 transportation projects, which are selected by Caltrans taking into consideration specified geographical considerations. This bill would extend the operative date of those provisions until January 1, 2012, thereby extending the authority of the department to conduct phase 2 of the pilot project. August 27 In committee: Held under submission. SUPPORT May 13, 2009 H.R. 947 (Calvert) To direct the Secretary of Transportation to establish and collect a fee based on the fair market value of articles imported into the United States and articles exported from the United States in commerce and to use amounts collected from the fee to make grants to carry out certain transportation projects in the transportation trade corridors for which the fee is collected, and for other purposes. February 10 Referred to the Subcommittee on Railroads, Pipelines, & Hazardous Materials. SUPPORT May 13, 2009 H.R. 1835 (Boren) To amend the Internal Revenue Code of 1986 to encourage alternative energy investments and job creation. April 6 - Referred to the Subcommittee on Energy and Environment Staff recommended position: SUPPORT Pending Board Approval S. 1408 (Menendez) A bill to amend the Internal Revenue Code of 1986 to encourage alternative energy investments and job creation. July 8 Read twice and referred to the Committee on Finance. Staff recommended position: SUPPORT Pending Board Approval 117 State and Federal Legislative Update January 131 2030 Federal Legislation • $37 billion jobs bill passes House • Senate to act early this year • Transit agencies seeking support for tax break legislation on alternative fuels • Staff recommends support of: - H.R.1835 - S. 1408 Appropriations Bill Projects • Perris Valley Line -- $5 million • I-10/Bob Hope -- $500,000 • SunLine Vehicles -- $750,000 • Alameda Corridor East Grade Seps. -- $1.3 million • Metrolink PTC -- $487,000 • SR 60/Portrero -- $750,000 • Corona Dial -A -Ride -- $208,000 • RTA Vehicles -- $1.4 million Governor's Budget • Budget Proposal released on Friday • Features major changes impacting gas tax and Proposition 42 • Continues pattern of diverting public transit funding • Attempts to shift some Caltrans costs to local agencies Proposition 42 • First approved in 2002 with 69 percent Yes vote • Strengthened via Proposition 1A in 2006 with 77 percent Yes vote • Allocates state sales tax revenue on gasoline for the following transportation purposes — 40% STIP — 40% City & County Roads — 20% Public Transit Governor's Proposal • End state sales tax collection on gasoline and guts Proposition 42 • Continue local sales taxes • Raise the excise tax on gas by 10.8 cents per gallon • Use higher excise to fund: — STIP Projects — City and County Roads — Pay Proposition 16 Debt Service Filling Up Gallon of Gasoline Pump Price: $3.09 Per Gallas Gallen of Diesel Fuel. Pump Price: $3.14 Per Gallo aAssumes base price of $24 for iMustrastivn purposes, bAssumes average sales tax of 7.9gYo.. Breakdown of Sales Tax • Riverside County Sales Tax Rate is 8.75% • State assesses 7.25% • .75% is for cities and counties • .25% is for county transit operators (TDA) • Measure A is .50% • Sales tax on gas is also assessed on the excise tax and is the main source of STA Where Does Transit Money Come From? • TDA: .25 percent of overall sales tax • STA: Sales tax on diesel • STA — sales tax primarily derived from the amount of sales tax assessed on the excise tax • STA Dollars are split in two ways — Local Transit Operators — State Transit Priorities and is part of the STIP Public "Spillover" 2etai[ Sales Tax Fund Transfer) P17,0, tion' "�raniSPOrtation ve tirian# Ft1 d "•rarisfelr)" - Other ' (Nora-Articie XIX, SHA, Interest, etc.) ; • Flexible: operations ! capital • Distributed by formula to local transit operators • Only state operations $s Remainder (50% above line + all Other) • State Operations: Caltrans transit staff; CTC HSRA; ITS; CPUC; etc. • Intercity Rail State Operations • Local Assistance: SFWTA; AB 3090's; etc. • Remainder: Available for STIP/1TIP (i.e. transit capital projects) Points to Ponder • Higher excise taxes would be constitutionally protected via Article XIX, but also links debt service to gas tax revenues • $976 million in tax cuts are borne by transit operators and represents reduction in overall transportation funding • AB 32 and SB 375 mandates require additional transit without necessary funding • Lower overall tax rate could still be raised through Legislative action on "fees" and it includes an additional trigger for debt service Transit has Been a Repeated Target $s in Thousands $2, 000 $1,500 $1,000 $500 $0 State Transit Funds Diverted through 2008-09: $4+ Billion 2001 2003 2005 2007 2009 Opposition Building • California Transit Association • Self -Help Counties Coalition • League of Cities • California State Association of Counties • Alliance for Jobs • Return to Commission for action at ROTC Workshop in late January • Monitor legislative actions and potential ballot initiatives • Work closely with transit operators and statewide transportation & local government interests on potential impacts