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03 March 9, 2011 Commission90632 RECORDS Rivers& County Transportation (omission MEETING AGENDA TIME/DATE: 9:30 a.m. / Wednesday, March 9, 2011 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside /be COMMISSIONERS 4ai Chair - Greg Pettis First Vice Chair - John J. Benoit Second Vice Chair - Karen Spiegel 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 Ella Zanowic / Jeff Hewitt, City of Calimesa Mary Craton / Barry Talbot, City of Canyon Lake Greg Pettis / Kathleen DeRosa, City of Cathedral City Steven Hernandez / Eduardo Garcia, City of Coachella Karen Spiegel / Steve Nolan, City of Corona Scott Matas / Russell Betts, City of Desert Hot Springs Adam Rush / Ike Bootsma, City of Eastvale Larry Smith / Robert Youssef, City of Hemet Douglas Hanson / Patrick Mullany, City of Indian Wells Glenn Miller / Michael Wilson, City of Indio Terry Henderson / Don Adolph, City of La Quinta Bob Magee / Melissa Melendez, City of Lake Elsinore Darcy Kuenzi / Wallace Edgerton, City of Menifee Marcelo Co / Richard Stewart, City of Moreno Valley Rick Gibbs / Kelly Bennett, City of Murrieta Berwin Hanna / Kathy Azevedo, City of Norco Jan Harnik / William Kroonen, City of Palm Desert Steve Pougnet / Ginny Foat, City of Palm Springs Daryl Busch / Al Landers, City of Perris Scott Hines / Gordon Moller, City of Rancho Mirage Steve Adams / Andy Melendrez, City of Riverside Scott Miller / Andrew Kotyuk, City of San Jacinto Ron Roberts / Jeff Comerchero, City of Temecula Ben Benoit / Timothy Walker, City of Wildomar Raymond Wolfe, Governor's Appointee 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 Tara TB. Byerly From: Tara Byerly Sent: Thursday, March 03, 2011 6:41 AM To: Tara Byerly Subject: RCTC March Commission Agenda Good Morning Commission Alternates: Attached below is the link to the March 9, 2011 Commission Meeting Agendas. Please copy the link and paste it into a web page. Thank you. htto://www.rctc.org/downloads/current/agenda 2011 03.adf Respectfully, Tara S. Byerly Senior Administrative Assistant 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951) 787-7141 1 Tara TB. Byerly From: Tara Byerly Sent: Thursday, March 03, 2011 6:42 AM To: Tara Byerly Subject: RCTC March Commission Agenda Good Morning Commissioners Hines and Smith: Attached below is the link to the March 9, 2011 Commission Meeting Agendas. Please copy the link and paste it into a web page. Thank you. http://www.rctc.org/downloads/current/agenda 2011 03.pdf Respectfully, Tara S. Byerly Senior Administrative Assistant 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951) 787-7141 1 RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, March 9, 2011 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside, CA In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in a Commission meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS — Each individual speaker is limited to speak three (3) continuous minutes or less. The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Also, the Commission may terminate public comments if such comments become repetitious. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the Commission should not take action on or discuss matters raised during public comment portion of the agenda that are not listed on the agenda. Commission members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Riverside County Transportation Commission Agenda March 9, 2011 Page 2 5. APPROVAL OF MINUTES - FEBRUARY 11, 2011 6. PUBLIC HEARING - RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, SLOPE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE, CALIFORNIA, BY EMINENT DOMAIN, FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS RELATED TO THE FOOTHILL PARKWAY WESTERLY EXTENSION FROM ITS INTERSECTION AT SKYLINE DRIVE, WEST TO GREEN RIVER ROAD AT PASEO GRANDE, IN CORONA, CALIFORNIA Page 1 Overview This item is for the Commission to: 1) Conduct a hearing to consider the adoption of a resolution of necessity, including providing all parties interested in the affected property 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 hereafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury c) The real property to be acquired is necessary for the project; d) The offer of just compensation has been made to the property owner; and 3) Adopt Resolution of Necessity No. 1 1-002, "Resolution of Necessity for the Acquisition of Fee, Slope Easement, and Temporary Construction Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Particularly Described as Portions of Assessor Parcel Numbers 275-030-006, 275-040-012, 275-040-015, and 275-050-004, Necessary for the Construction and Maintenance of the Westerly Extension of Foothill Parkway from its Intersection at Skyline Drive, West to Green River Road at Paseo Grande, in Corona, California." 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. • • • • • Riverside County Transportation Commission Agenda March 9, 2011 Page 3 8. CONSENT CALENDAR - All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 8A. PROPOSED POLICY GOALS AND OBJECTIVES FOR FISCAL YEAR 2011/12 BUDGET Overview This item is for the Commission to approve the proposed Commission Policy Goals and Objectives for the FY 201 1 /12 Budget. 88. QUARTERLY FINANCIAL STATEMENTS Overview Page 54 Page 63 This item is for the Commission to receive and file the Quarterly Financial Statements for the period ended December 31, 2010. 8C. QUARTERLY INVESTMENT REPORT Overview This item is for the Commission to receive and file the Quarterly Investment Report for the quarter ended December 31, 2010. 8D. QUARTERLY SALES TAX ANALYSIS Overview Page 70 Page 86 This item is for the Commission to receive and file the sates tax analysis for Quarter 3 (Q3) 2010. Riverside County Transportation Commission Agenda March 9, 2011 Page 4 8E. PROPOSITION 1 B FISCAL YEAR 2010/11 CALIFORNIA TRANSIT • SECURITY GRANT PROGRAM - CALIFORNIA TRANSIT ASSISTANCE FUND AND SUPPORTING RESOLUTION FOR THE COMMISSION'S COMMUTER RAIL PROGRAM Overview This item is for the Commission to: Page 94 1) Adopt Resolution No. 1 1-003, "Resolution of the Riverside County Transportation Commission Approving the Allocation of FY 2010/11 Proposition 1 B-6161-0002 California Transit Security Grant Program - California Transit Assistance Funds (CTSGP-CTAF) Population Funds to the RCTC Commuter Rail Program"; and 2) Allocate the CTSGP-CTAF discretionary funds totaling $266,260 for the Commission's Commuter Rail Program. 8F. CITY OF BEAUMONT'S BICYCLE TRANSPORTATION PLAN Page 99 Overview This item is for the Commission to approve the city of Beaumont's adopted Bicycle Transportation Plan as submitted. 8G. CITY OF MORENO VALLEY'S AMENDED BICYCLE TRANSPORTATION PLAN Overview This item is for the Commission to approve the city of Moreno Valley's amended Bicycle Transportation Plan as submitted. Page 101 • • Riverside County Transportation Commission Agenda March 9, 2011 Page 5 . 9. PERRIS VALLEY LINE UPDATE AND MEMORANDUM OF UNDERSTANDING WITH THE CITY OF RIVERSIDE Overview This item is for the Commission to: • Page 103 1) Receive an oral report on the status of the Perris Valley Line (PVL) project; 2) Receive and file the Commission's response on issues raised by Mr. Barney Barnett at the January 2011 Commission meeting; 3) Approve Memorandum of Understanding (MOU) No. 11-33-065-00 with the city of Riverside (Riverside) regarding the -PVL project and implementation of quiet zones; 4) Authorize the Chair, pursuant to legal counsel review, to execute the MOU on behalf of the Commission; 5) Deprogram $7 million in federal Congestion Mitigation Air Quality (CMAQ) funds from the 3`d Street grade separation project and program $7 million in federal Surface Transportation Program (STP) to the Burlington Northern Santa Fe (BNSF)/Union Pacific Railroad (UPRR) Quiet Zones project in Riverside; 6) Reprogram balance of unexpended 1989 Measure A Highway and Rail funds from the State Route 91 /La Sierra Avenue and SR=91 /Van Buren Boulevard interchanges, estimated by Riverside at $7.7 million, to the BNSF/UPRR Quiet Zone projects in Riverside; 7) Approve the deletion of the 3`d Street grade separation project from the Trade Corridor Improvement Fund (TCIF) program of projects; 8) Defer reprogramming of $17.5 million of state TCIF funds resulting from 3`d Street grade separation deletion to ensure sufficient funding availability for balance of the program; 9) Process an amendment to the Federal Transportation Improvement Program to add BNSF/UPRR Quiet Zones project and reflect above funding changes; 10► Approve Agreement No. 07-31-1 18-01, Amendment No. 1 to Agreement No. 07-31-1 18-00, for the SR-91 /La Sierra Avenue interchange project, and Agreement No. 09-31-077-01, Amendment No. 1 to Agreement No. 09-31-077-00 for the SR-91 /Van Buren Boulevard interchange project to reflect above funding changes; and 1 1) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. Riverside County Transportation Commission Agenda March 9, 2011 Page 6 10. STATE AND FEDERAL LEGISLATIVE UPDATE Overview This item is for the Commission to: Page 123• 1) Approve the following bill positions: • AJR 4 (Miller) - Support; • H.R. 526 (Calvert) - Support; • H.R. 304 (Gallegly) - Oppose and Work with Author; and 2) Receive and file an update on state and federal legislative activities. 11. ITEM(S) PULLED FROMCONSENTCALENDAR AGENDA 12. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended, meetings/conferences and any other items related to Commission activities. 13. ADJOURNMENT The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, April 13, 2011, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. • RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN -IN SHEET MARCH 9, 2011 A/yME AGENCY MAIL ADDRESS ,62 /��fJ /� -.0 G:11^^G��J,,�(T �J�/� ,p ,jG�- /}E C/ ,��4Y74.C�'/GLc� C Y A462_, 9 ... A-e„ A 14.o vim-" � ay Ir- ^ —7 z-••;s4J4-4- 64.� wit-1-k rrn ti-- - alow S°q t� Kfa Cfl L RN.S. ;syrJ RNl c It c „, GR-t z PCT-r1 s C 2A LC: . I ` Pd, /Y€4 � X WI .ear . �2� ����� ,sn,.//�&sm,J��a�c�. c �e.., ��, � o,,-- -� � SGOe /�i ��� _ -Fa -� -�h�e s pSArvT�cln gaAQ. L.0 WrArk._. V._,.•.. C, • M„\\„, iNz �o to t `\ STL0L P004dc, r Ppa,rt. Ve1&A1. . ��� lod n4c o de7 Cn a r. GAD (7q -�J� N 1 I� �L.� �i ��ES�T" id,LeAkAJ�� Oil, 7 O-VI J � Z1 Altl 1 i e___, RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL MARCH 9, 2011 Present Absent County of Riverside, District I O .0 County of Riverside, District II 0 County of Riverside, District III 0 7 County of Riverside, District IV 0 County of Riverside, District V ;II City of Banning0 City of Beaumont RI0 City of Blythe A 0 City of Calimesa 0,17(0 City of Canyon Lake O City of Cathedral City � 0 City of Coachella �' 0 City of Corona � 0 City of Desert Hot Springs � 0 City of Eastvale 'P' 0 City of Hemet .S. 0 City of Indian Wells �' O City of Indio � 0 City of La Quinta �' 0 City of Lake Elsinore ,i 0 City of Menifee ,r' 0 City of Moreno Valley d2r 0 City of Murrieta 0 0 City of Norco 0 City of Palm Desert #12r 0 City of Palm Springs gr 0 City of Perris ,21.' 0 City of Rancho Mirage ,zr 0 City of Riverside 0 7 City of San Jacinto ,..2r 0 City of Temecula X 0 City of Wildomar 0 0 Governor's Appointee, Caltrans District 8 .grA 0 Lit 1 AUFI AND SUISMI I 1 V I Mt ULtKI( OF 1 Mt IiVHKU DATE: 4/1(7 A !I 20/ I CHECK IF PUBLIC COMMENTS: NI SUBJECT OF & R p J S �� LjN� PUBLIC COMMENTS: Y AGENDA ITEM NO.: SUBJECT OF p / (AS LISTED ON THE AGENDA) a „AGENDA ITEM:,, J 1 €RR 1 S V 6-1-1-C y L//1/L� NAME: g fi . ii 6VMTV - / ( Eft/VA/Err PHONE NO.: ��6J-3 Li' � %� ADDRESS: 7 !i Pfio-s /ECT /, ICE I'll 6-i. .-fibV %Z s-07 STREET f p CITY q _ ZIP CODE q �y REPRESENTING: 8GNCY/q D VE Th. �C , PHONE NO.: / �J�D 8-.5 � { / •' NAME OF AGENCY / ORGANIZATION / GROUP BUSINESS ADDRESS: ,40-r72E. STREET CITY 1 ZIP CODE J • • • RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON MINUTES Friday, February 11, 2011 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Greg Pettis at 8:30 a.m. at the Hilton Palm Springs, 400 E. Tahquitz Canyon Way, Palm Springs, California. 2. PLEDGE OF ALLEGIANCE At this time, Chair Pettis led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Steve Adams Marion Ashley Ben Benoit John J. Benoit Roger Berg Bob Botts Bob Buster Mary Craton Joseph DeConinck Rick Gibbs Berwin Hanna Douglas Hanson Jan Harnik Scott Hines 4. PUBLIC COMMENTS Darcy Kuenzi Bob Magee Scott Matas Glenn Miller Scott Miller Greg Pettis Adam Rush Larry Smith Karen Spiegel Jeff Stone Lee Weigel Ray Wolfe Ella Zanowic Commissioners Absent Daryl Busch Marcelo Co Terry Henderson Steven Hernandez Ron Roberts John F. Tavaglione Commissioner John Benoit honored the Commissioners that passed away during 2010; Dick Kelly, city of Palm Desert; Malcolm Miller, city of Norco; and Alan Seman, city of Rancho Mirage. Commissioner and Caltrans District 8 Director Ray Wolfe presented a plaque to the Commission on behalf of Caltrans for the Riverside Wireless Vehicle Detection Station project. Riverside County Transportation Commission Minutes February 11, 2011 Page 2 5. APPROVAL OF MINUTES — JANUARY 12, 2011 M/S/C (Kuenzi/Ashley) to approve the minutes of January 12, 2011, meeting as submitted. 6. ADDITIONS/REVISIONS There were no additions/revisions to the agenda. 7. CONSENT CALENDAR M/S/C (Spiegel/G. Miller) to approve the following Consent Calendar items: Commissioner Adam Rush expressed his gratitude to the Commission on behalf of the city of Eastvale for approving its first Five -Year Capital Improvement Plan. 7A. SINGLE SIGNATURE AUTHORITYREPORT Receive and file the Single Signature Authority Report for the second quarter ended December 31, 2010. 7B. REPROGRAMMING OF TRANSPORTATION UNIFORM MITIGATION FUNDS PROJECT SAVINGS 1) Approve Agreement No. 10-31-090-01, Amendment No. 1 to Agreement No. 10-31-090-00, with Western Riverside Council of Governments (WRCOG) to reprogram $2 million of TUMF Central Zone funds from the State Route 74/Interstate 215 interchange project to the I-215/Ramona Expressway interchange project in support of the WRCOG Transportation Uniform Mitigation Funds (TUMF) Central Zone Committee recommendation; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Minutes February 11, 2011 Page 3 7C. MEASURE A LOCAL STREETS AND ROADS FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR THE CITY OF EASTVALE Approve the city of Eastvale's FYs 2011-15 Measure A Five -Year Capital Improvement Plan (CIP) for Local Streets and Roads; however, Measure A Local Streets and Roads disbursements will be contingent upon confirmation that the city of Eastvale (Eastvale) is participating in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). 7D. FUNDING AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL TO INCLUDE FREEWAY SERVICE PATROL SUPERVISION FOR THE INTERSTATE 215 SOUTH WIDENING PROJECT 1) Approve Agreement No. 10-45-084-01, Amendment No. 1 to Agreement No. 10-45-084-00, with the California Highway_ Patrol (CHP) to provide overtime supervision and operation of the Freeway Service Patrol (FSP) program during construction of the 1-215 South widening project at an additional cost of $57,648; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8. PROJECTS ON STATE ROUTE 60 THROUGH THE CITY OF MORENO VALLEY AND BADLANDS AREA Marlin Feenstra, Project Delivery Director, presented the planned and completed projects along SR-60 through the city of Moreno Valley and the Badlands area, including project funding and accident rates along this corridor compared to 1-10. Commissioner Roger Berg updated the Commission on the city of Beaumont's efforts to alleviate congestion and provide alternative routes, including the Potrero Road bypass. He asked how the Commission could assist with improvements to San Timoteo Canyon Road to further alleviate traffic. Commissioner Marion Ashley stated the importance of providing alternative routes such as the Potrero Road bypass and thanked staff for providing this update as it shows the extensive work performed through this area. Anne Mayer provided a brief update on the Potrero Road bypass efforts with the county of Riverside and the city of Beaumont. Riverside County Transportation Commission Minutes February 11, 2011 Page 4 Commissioner Bob Buster expressed the importance of this type of update and requested staff continue to provide this type of information to the Commission. He believes this type of information is valuable when communicating with constituents about transportation projects. Anne Mayer also provided a brief update on the efforts by Caltrans to obtain approval for part-time use of the SR-60 high occupancy vehicle lanes. 9. INTERSTATE 10 BYPASS BETWEEN THE CITY OF BANNING TO THE COACHELLA VALLEY Juan Perez, Director of the Riverside County Transportation Department, and Commissioner Wolfe presented the I-10 Emergency Action Plan measures being studied, including frontage road alternatives, Caltrans and county activities, funding, and implementation schedules. Commissioner Ashley updated the Commission on the cooperative efforts by the city of Banning, county of Riverside, and Morongo Band of Mission Indians on a southern bypass. Commissioner Bob Botts discussed the importance of a southern bypass, including the potential health issues created by extended freeway shutdowns. Commissioner Scott Matas suggested additional locations for changeable message signs to provide traffic an earlier opportunity to exit the freeway and utilize alternative routes. Juan Perez concurred and stated Caltrans is looking into this issue. Commissioner Berg suggested working with property owners along the I-10 corridor to secure land to extend the bypass alternatives to provide the greatest continuity. 10. ITEMS) PULLED FROM CONSENT CALENDAR AGENDA There were no agenda items pulled from the Consent Calendar. 11. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT There were no reports from Commissioners or the Executive Director. • • • • Riverside County Transportation Commission Minutes February 11, 2011 Page 5 12. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting was adjourned at 9:36 a.m. Respectful►y submitted, Jennifer Harmon Clerk of the Board RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 9, 2011 TO: Riverside County Transportation Commission FROM: Min Saysay, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Resolution of Necessity for the Acquisition of Fee, Slope Easement, and Temporary Construction Easement Interests in Certain Real Property, Located in Riverside, California, by Eminent Domain, for the Construction and Maintenance of Improvements Related to the Foothill Parkway Westerly Extension from its Intersection at Skyline Drive, West to Green River Road at Paseo Grande, in Corona, California STAFF RECOMMENDATION: This item is for the Commission to: 1) Conduct a hearing to consider the adoption of a resolution of necessity, including providing all parties interested in the affected property 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 hereafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; d) The offer of just compensation has been made to the property owner; and 3) Adopt Resolution of Necessity No. 11-002, "Resolution of Necessity for the Acquisition of Fee, Slope Easement, and Temporary Construction Easement Interests in Certain Real Property, Located in Riverside County, California, by Eminent Domain, More Particularly Described as Portions of Assessor Parcel Numbers 275-030-006, 275-040-012, 275-040-015, and 275-050-004, Necessary for the Construction and Maintenance of the Westerly Extension of Foothill Parkway from its Intersection at Skyline Drive, West to Green River Road at Paseo Grande, in Corona, California. 1 Agenda Item 6 BACKGROUND INFORMATION: The city of Corona (Corona) attempted to acquire the property rights from the previous property owner, Far West Properties, LP. When negotiations were unsuccessful, Corona requested the Commission acquire the property rights on its behalf. In September 2009, the Commission, in its capacity as administrator of the Transportation Uniform Mitigation Fee (TUMF) Regional Arterial program, authorized the Executive Director to execute agreements with Corona associated with the acquisition of right of way for the Foothill Parkway westerly extension project (Project). In August 2010, the property was sold through a Trustee's Sale to Lumos Power LP. Representatives of Far West Properties,, LP represent that there is an overlap in principals between current and previous owners. The Commission is being requested to consider the adoption of Resolution of Necessity No. 11-002 declaring its intent to acquire fee, slope easement, and temporary construction easement interests in real property througheminent domain proceedings for the construction and maintenance of the Project. The immediate need for the property acquisition is to proceed with the construction of the Project. The acquisition is required for, and will benefit the community by improving traffic circulation and enhancing mobility. This Project will help redistribute existing traffic and serve as a major arterial outlet by providing congestion relief to other existing east -west connections such as Ontario Avenue and 6' Street. The Project is also designed to increase accessibility to the State Route 91. The property sought to be acquired, portions of APNs 275-030-006, 275-040-012, 275-040-015, and 275-050-004, is owned by Lumos Power LP. The property is located partially within Corona and partially south of the city limits in an unincorporated area of Riverside County, California. The property is located within the sphere of influence of Corona and is entirely within the county of Riverside. On February 17, 2011, correspondence was received from the property owner requesting` that the Commission proceed with a resolution of necessity. PROJECT DESCRIPTION: The extension of Foothill Parkway has been planned since the mid-1980s when it was included in the Sierra del Oro General Plan Amendment. In 2004, it was included in Corona's General Plan Update and was a key component of the Traffic Circulation element to Corona's General Plan. 2 Agenda Item 6 • • • The proposed Project is located within the southwesterly limits of Corona and in the unincorporated area of Riverside County. It is within Corona's sphere of influence and along the base of the Santa Ana mountains. The Project would involve the extension of Foothill Parkway as a four -lane roadway for approximately two miles, from west of Skyline Drive to Paseo Grande at Green River Road. At Skyline Drive, the roadway would veer to the west and continue along Corona and County boundaries. The two-mile gap closure alignment would then curve to the north and connect with Green River Road. Roadway improvements include curbs, shoulders, travel lanes, landscaped medians, and water lines. The proposed Project also includes three new signalized intersections along Foothill Parkway at Mangular Avenue, Border Avenue, and Paseo Grande. HEARINGS AND REQUIRED FINDINGS: The action requested of the Commission at the conclusion of this hearing concerns the acquisition of real property from the property owner listed below, and further identified on the legal descriptions and depicted on the maps attached. APNs 275-030-006, 275-040-012, 275-040-015 and 275-050-004 are owned by Lumos Power LP. The Commission desires to acquire fee, slope easements, and temporary construction easements. 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 property, 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. 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 owner and stated the Commission's intent to consider the adoption of the resolution of necessity, the right to appear and be heard on these issues, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard. The Commission 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 owner of record on February 18, 2011. Agenda Item 6 3 The four required findings identified above are addressed as follows: 1. The Public Interest and Necessity Require the Proposed Project Foothill Parkway has been an integral part of the Corona's General Plan since the mid-1980s and was planned and designed to provide east -west access to Sierra Del Oro, South Corona, and other areas of Corona. The Project will not create additional traffic, but will redistribute traffic and reduce existing traffic congestion on other east -west street corridors, such as Ontario Avenue and 6' Street. Development, new roadways and the placement of emergency response facilities has continued throughout Corona with the assumption that the proposed Project would ultimately be constructed. The overall traffic circulation throughout Corona, as well as emergency response times will be negatively impacted if the Project is not constructed. This Project will improve east -west traffic flow and accessibility through the southern portion of Corona. The acquisition is: required for and will benefit the community by redistributing traffic, improving circulation, reducing congestion, and enhancing mobility. A reduction of approximately 4,000 trips per day (approximately 33%) is estimated on Ontario Avenue, between Paseo Grande and Boarder Avenue. In addition, the Project will provide a firebreak between the Cleveland National Forest and the adjacent residential community located north of the proposed roadway. Furthermore, the Project will provide a new east -west link in Corona for emergency vehicles and improved access to adjacent residences, allowing for better response times. 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 Corona conducted a preliminary alignment and refinement study to find the single best location for this Project. The environmental impact report evaluated five different alternatives: A. Foothill Parkway with connections at Border Avenue and Chase Drive/Mangular Avenue (Proposed Project); B. No Project; C. No Border Avenue or Chase Drive/Mangular Avenue Connection; D. With Chase Drive/Mangular Avenue Connection; and E. With Border Avenue Connection. 4 Agenda Item 6 • • • Due to the steep terrain, existing development to the north side, and the Cleveland National Forest on the south side, it left a very narrow corridor for which the roadway alignment could be placed. In addition, special considerations had to be taken to accommodate an existing 108" Metropolitan Water District feedline, the Mabey Canyon Debris Basin, Corona Water Reservoir, and several fixed roadway connections. Extensive alignment studies were conducted to minimize and/or avoid negative impacts and to efficiently connect the route with the existing system of roadways. Since this site uniquely satisfies the engineering, public health, and environmental issues of the Project, this location is the most compatible with the greatest public good having the least private injury. The proposed construction concept for the Project has been configured to minimize the impacts to the area and adjacent parcels. 3. The Real Property Sought to be Acquired is Necessary for the Proposed Project As described above, a careful analysis was performed regarding the location and property and these parcels were found to meet all the desired characteristics for the construction of the improvements for the Project. 4. The Offer of Just Compensation Has Been Made An appraisal was prepared by Jones, Roach & Caringella, Inc. to establish the fair market value of the real property that the Commission is seeking to acquire from the property owned by Lumos Power LP. The date of value used by the appraiser, January 8, 2008, is the same date of value used by the Corona in its offer to the property owner. An offer of just compensation was made to the property owner to purchase the real -property, based on the approved appraisal, as required by Section 7267.2 of the California Government Code. Although negotiated settlements 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 development of the Project. Environmental Analysis Compliance with the California Environmental Quality Act (CEQA) has been satisfied by the Commission's adoption of the Foothill Parkway West Extension Environmental Impact Report on February 4, 2009. Attachment: Resolution of Necessity No. 1 1-002 Agenda Item 6 5 • • RESOLUTION NO. 11-002 A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, SLOPE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBERS 275-030-006, 275-040-012, 275-040-015 AND 275-050-004 FOR THE CONSTRUCTION AND MAINTENANCE OF AN EXTENSION OF FOOTHILL PARKWAY FROM ITS INTERSECTION AT SKYLINE DRIVE, WEST TO GREEN RIVER ROAD AT PASEO GRANDE, IN CORONA, RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee, slope easement, and temporary construction easement interests in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Numbers 275-030-006, 275-040-012, 275- 040-015 and 275-050-004, for the construction and maintenance of an extension of Foothill Parkway from its intersection at Skyline Drive, west to Green River Road at Paseo Grande, in Corona, Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, March 9, 2011, 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: 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. 6 Section 2. Public Use. The public use for the fee, easement, and temporary construction easement interests in the property to be acquired is for the construction and maintenance of an extension of Foothill Parkway from its intersection at Skyline Drive, west to Green River Road at Paseo Grande, in Corona, 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" are the legal descriptions and plat maps of the interests to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property described in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interests 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 interest 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 affected by the interests to be acquired is subject to easements and rights -of -way 7 • • • 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 uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property 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. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 9th day of March, 2011. Gregory S. Pettis, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 8 • RBF CONSULTING 40810 County Center Drive,. Suite 100 Temecula, CA 92591 July 24, 2007 JN 10-104541-M5 EXHIBIT "A" SLOPE EASEMENT That certain parcel of land situated in the Unincorporated 'Territory of the County of Riverside, State of California, being that portion of Fractional Section 4, Township 4 South, Range 7 West, San Bernardino Meridian, according to the Official Government Plat thereof, described as follows: COMMENCING at LS 16 as shown on the map filed in Book 121, Pages 47 through 4% inclusive, of Records of Survey in the Office of the County Recorder of said County of Riverside; thence along the general northeasterly line of said Fractional Section 4 the following courses: South 46°53'18" East 1387,02'.feet; thence South 46°32'40" East 399.19 feet to the northwesterly line of Riverside County Flood Control District Parcel No. 2041-1 as shown on the Record of Survey filed in Book. 58, Page 66 of said Records of Survey; thence leaving said general northeasterly line along said northwesterly line South 54°47'48" West 141.99 feet to the TRICE POINT OF BEGINNING; Borth 54°56'01" West 1256.93 feet; thence South 32°25'09" West 70.66 feet; thence South 35°53'22" East 97.13 feet; thence. South 45°58'36" East 71.15 feet; thence South 76°56'20" East 4.63 feet;. thence. South.46°49'33" East 115.85 fee' thence South 62°2912" East58.33 feet; thence South 59°19'58" East 375,76 feet; • WPORTA11010454144dmnusga/s44641191005 REV.doc Page 1 of 2 10 thence South 59°36'55" East 178.35 feet; thence South 21 °441'49" East 30.31 feet; thence South 07°57'56" East 1536 feet; thence South 54°57'24" West 105.85 feet; thence South 27°441'58" East.120.07 feet; thence South. 35°01'05" East 62.36 feet to the northwesterly line of Riverside County Flood Control District Parcel No. 2041-2 as shown on said Record of Survey filed in Book 58, Page 66 of said. Records of Survey; thence along the northwesterly lines of said Parcels 2041-2, and 2041-1 the following courses:North.62°39'30" East8.12 feet; thence North 74°33'01" East 269.81 feet; thence North 54°47'48," East 69,69 feet to the TRUE POINT OF BEGINNING. CONTAINING: 3.692 Acres, more or less: SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B"- attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. -1I7 (07 J"h r R. Duquette, L.S. 7666 Date; Expires 12/31/07 N:IPDATA 101045411AdminVege1s14541/g1005 REV.doc Page 2 of 2 11 250 250 SCALE: 1."=250' GENERAL NE'LY LINE SEC. 4 r RA CT'J O1A L :t„. 11 f \7 \0 \• 0_, \ \\\ f� U ti \\ \ • 0 H r9,. . s9; r \ \ C 4 Si R 7 W R,S.B: 121 C 47-49 S. B. M. EXHIBIT "B' SLOPE EASEMENT r2 • 9,k, di n 0 N O F, W \ a P Q.64\ PCL, 2041-2 � 11q6I \ m 8 z a i a 0 a PLANNING, r gC91ON ■ GON9TRVCf/ON to 41' a O_ r r XM OM WW a M71. OFIVE VAE t O o 78Ecuus CALL•afiNUl 92904922 Q 951.678.8042 • PAX 95167E4724D • nwui DF.mm I - a PG\'S • LEGEND R P.O.0: = POINT OF COMMENCEMENT T.P.0.8.= TRUE POINT OF BEGINNING 750 DATA TABLE 1�0 BEARING/04.7A RADIUS LENGTH 1 N46'32'4011 -- 399.19" 2 N54'47'484E - 141.99' 3. N32.25'09"E— -- 70.56' 4 N35'53'22"W -- 97.13' 5 N45'58'36"W -- 71.15' 6 N76.56'20171 -- 4,63' 7 N46.49'33"W -- 11,5.85' B N62'29`12"W -- 56.33' 9 N59.36'55~w 176.35', 10 N21'41'49"W 30.31' 11 N07.57'564W -- 15.76' 12' N54'57'24"E -- 105.05' 13 N27'41'581W --, 120,07' 14 N35'01'05"W — 62.36' 15 N62.39'30"E -- 8.12' 16 N74'.33'01"E -- 269,51' 17 N54.47'46'1 -- 69.69' \ ?�f\CO 7, \--, CONSIJL.TING 24, 2007 scALE 1"=250' \ JOB NO. 10104541 M-5 s 12 13 • RBF CONSULTING 40810 County Center Drive, Suite 100 Temecula, CA 92591 May 15, 2007 J4 10-104541-M4 EXHIBIT "A" ACQUISITION PARCEL: That certain parcel of land situated in the Unincorporated Territory of the County of Riverside, State of California, being that portion of Fractional Section 4, Township 4 South, Range 7 West, San Bernardino Meridian, according to the Official Government Plat thereof, described as follows: 13EGINNING at. LS 16 as shown on the map filed in Book.121, Pages 47 threugh. 49, inclusive, of Records of Survey in the Office of the County Recorder of said County of: Riverside; thence along the general northeasterly line of said Fractional Section 4 the following courses: South46°53'16" East 1387.02 feet; thence South 45°32'40" East 399.19 feet to the northwesterly line of Riverside County Flood Control District Parcel No. 2041-1 as shown on the. Record of Surrey filed in Soak 58, Page 66, of said Records of Survey; thence leaving said general northeasterly line along said northwesterly tine South 54°47'48" West 141.99 feet; thence leaving said northwesterly line North 54°56'01" West 1565.73 feet; thence South 45°00'00" West 105.48 feet to the westerly line of Government Lot 4 of said Fractional Section 4; thence along the westerly and northerly lines of said Government Lot 4 the following courses; North 00°69'26" East 786.33 feet; thence South 89°15'45" East 193.48 feet to said general northeasterly line of said Fractional Section 4; thence along said general northeasterly tine South 08°39'er West 302.04 feet to the POINT OF BEGINNING. alHNVATA11010454nAdminUegets145419014.doe Page 1 of 2 14 CONTAINING:. 12.107 Acres, more or less SUBJECT To .all Covenants; Flights, Rights -of -Way and Easements of Record. EXHIBIT °B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Jo R. Duquetie, C.S. 7566 Date: s l is 1U-7 Exprres 12/31/07 k: waATAi r o i Q 4 5411 Adm inV egaeW 6411004. d o c Page 2of2 15 • WILY LINE, GOV. LOT 4, SEC. 4 1a w r� 1 250 0 250 500 750- LS 16 FI3ACT1 ONAL. ® ■ilini mem No: V�� CC>040� h NS SCALE: 1 "=250' DATA TABLE V�0 BEARING/DELTA RADIUS LENGTH 1 N46°32'4011 -- Z99,19' 2 N54"47'48"E - 141.99' 3 N45.00'00"E -- 105.48' 4 N89"15`45"W -- 193,48' 5 N08.39'07"E - 302:.04' �r S. B. M. EXHIBIT ACQUISITION PARCEL •15, 2007 SCALE 1"=250' GENERAL NE'LY LINE SEC. 4 0 LEGEND P.O.B.= POINT OF BEGINNING CONSULTING MANNINO ■ OE$1ON ■ CONSTRUCTION 4000 COUNTY CENTER UWE, SLOE 100 7ar:ptJLA. C:AUFORN ARZ591fio22 051e790042 • FAX 6016707240 • wx■ABP.cem JOB MI 10104541 M-4 16 17 RBF CONSULTING 40810 County Center Drive, Suite 100 Temecula, CA 92591 July 24, 2007 JN 10=104541-M22° EXHIBIT "A" SLOPE EASEMENT SUBJECT TO RECAPTURE That certain parcel of land situated in the Unincorporated Territory of the County of Riverside, State of California, being that portion of Fractional Section 4, Township 4 South, Range 7 West, San Bernardino Meridian, according to the Official Government Plat thereof, described as follows: COMMENCING at LS 16 as shown on the map filed in Book 121, Pages 47 through 49, inclusive, of Records of Survey in the Office of the County Recorder of said County of Riverside; thence along the general northeasterly line of said FractionalSection 4 the following courses: South 46°53'18" East 1387.02 feet; • thence South 46°32'40" East 399.19 feet to the northwesterly tine of Riverside. County Flood Control District Parcel No. 2041-1 as shown on. the Record of Survey filed in Book 58, Page 66 of said Records of Survey; thence leaving said general northeasterly line along said northwesterly line South 54°47'48" West 141,99 feet; North 54°56'01" West 1256.93 feet; thence South 32°25'09" West 70.66 feet; thence South 35°53'22" East 97.13 feet; thence South 45°58'36" East71.15 feet to the TRUE POINT OF BEGINNING; South 76°56'20" East 4.83 feet; thence South 46°4913" East 115.86 feet; thence South 62°29'12" East.56.33 feet; thence South 59°19'58" East 375.76 feet; • HVOATA110104541tAdmintlegelst46411y1005 8-doc Page 1 of 2 18 thence South 59°36'.55" East 178.35 feet; thence South 21 °41'49" East 30.31 feet; thence South 07°57'56" East 15.76 feet; thence South 54°57'24" West 106.85 feet; thence North 27°41'58" West 34.88 feet; thence North 87°32'47" West 223.00 feet; thence North 71 °2713" West 119,49 feet; thence South 45°11'07' West 105.56 feet thence North 60°32'15" West 244.40,feet; thence North 29°27'45" East 343.43 feet; thence North 45°58'36" West 99.80 feet to the TRUE POINT OF BEGINNING. CONTAINING: 3.816 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared. by me or under my direction. J.1j. R. Duquette Expires 12/31107 ,712'4 1a1 ,L,S.7568 Date: Page 2 of 2 MIVA7A110104541Wirrinliaga1s14541,0005 adoc 19 • \ \ \ \ Ntgi \ L5 16 \ SCALE; 1''=250 GENERAL NE'LY LINE SEC. 4 V�..� \*ems \'N. • SEC. /^� /� \. V E L.s . �-y, \. • • Ail HEREON \ T.P.0.B. DATA TABLE Q SEARING/DELTA RADIUS . LENGTH- i N46'32.401 -- 399.19' 2 N5417'48'E -- 141.99' 3 N32'25'09'E — 70.66' 4 N35'53'221 -- 97.13' 71,15' 9 N45'58'361 — 6 N76'56'201 — 4.63' 7 N46'49'331 115.05' 8 N62'29'121 -_ 56..33"r 9 N59'36'55.'W ` — 178.55' 1.0. N21r41'49"W — 30.31' 11 007757'56'W — 15.76' 12. N54`5r 24'E — 105.85' 13 N2711'581 34.88' 223.00' 14 N87'32'471 _- 15 N71.22'131 — 119.49'. 16 N45'11'02"E — 105.56' 17 N6012'151 --. 244:40' 18- N29"27'45"E -- 243.43' 19 N45'58'361 99..80' �� \ o 49. •.* � a R . S B . 121 / 47-49 \ ` �. �1<r \ V ►�oTDETA �. TO SCALE to, N al .„ t to I z E I -� q \ in ��\ \ r 5. :3. WI, PCL. 2041-2 EXHIBIT "'B' SLOPE EASEMENT SUBJECT TO RECAPTURE \ 7/24A7 $i49.pm y J �--�q$l6�o LE END P.O.C. = POINT OF COMMENCEMENT T.P.O.B.= TRUE POINT OF BEGINNING CON5ULTIN�a 0 i aLANwm0 '1 oKsto J ■ pp N9rfi UgrioN d O DWEVAIE,O s 951 nsoo2. 4 FW145L877umo h *mmrcofn 1a- 40 410. 24, 2007 SCALE 1 "250' JOB NO. 10104541 M 22 20 21 RBF CONSULTING 40810 County Center Drive, SUite 100 Temecula, CA 92591 ,July 24, 20o7 JPt 10-104541-M23 EXHIBIT "A„ TEMPORARY CONSTRUCTION EASEMENT That certain parcel of land situated in the Unincorporated 'territory of the County of Riverside, State of California, being that portion of Fractional Section 4, Township:4 South; Ftange 7 West, San Bernardino Meridian, according to the Official Government mat thereof, described as follows: COMMENCING at LS 16 as shown on the wrap filed in Book 121, Pages 47 through 49, inclusive, of Records of Survey in the Office of the County Recorder of said County of Riverside_, thence along the general northeasterly tine of said Fractional Section 4 the foilawing courses: South 46°53'18" East 1387.02feet; thence South 46°32'40" East 399.19 feet to the northwesterly line of Riverside County Flood Control District Parcel No. 2041-1 as shown on the Record of Survey filed in Book 58, Page 66 of said Records of Survey; thence leaving said general northeasterly line along said northwesterly line South 54'47'48° West 141.99 feeh North 54°56'01"West 1256.93 feet to the TRUE POINT OF BEGINNING; thence South 32°25'09" West 70.66 feet; thence South 35°53'22" East 97.13 feet; thence. South 45'58'36" East 170.95 feet; thence. South 29°27'45" Vilest, 343.43 feet; thence South 60'32'15" East244.40 feet; thence North 45°11'02" East 105.56 feet; thence South 71 °22'13" East 119.49 feet; thence South 87°32'47° East 223.00 feet; thence South 27°41'58" East 154.92 feet; • HAPDATM101045411Adm1nVeg®rs14541191005 Gdoc Page 1 of 2 22 thence South 35°01'05" East 62.36 feet to the northwesterly line of Riverside County Food Control District Parcel No. 2041-2 as shown on said Record of Survey Bled in Book 68, Page 66: of said Records of Survey; then along the northwesterly line of said Parcel 2041-2 Sixth 62°39'30" West 50.45 feet; thence leaving.said northwesterly line North 35°01'051' West 58.81 feet; thence North 27°41'5$" West 129.34 feet~ I thence North 87°32'47" West 201.33feet I i thence North 71 °2213" West 95.69 feet; thenclat South 45°11'02" West 112.52 feet; thence North 60°32'15" West 332.27 feet; thence North 29°27'45" Past 354.76 feet; thence North 45°58'36" West 136.69 feet then4 North 35°5322" West 135.47 feet; thence North 32025'fl9" East 106.90 feet; thence South.54°56'01" East 50.05 feet to the TRUE POINT OF BEGINNING. CONTAINING; 1.869 Acres, more or less. St1tiJiCT TO all Covenants, Rights, Rights -of -Way and Easements of Record, EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by mejor under my direction. rt R. Duquette Explre0 12/31l07 :t-.S.7566 Date; 14:PDATA110104549WdminVegafs1454115(1005 CAW Page 2 of 2 23 • n • yr I O LS 16 GENERAL NE'LY LINE SEC. 4 F'RACTioNAL';. \ J 4 Si Q R.S.B N` \ \ ` \ N. \ -..\s�. \\ [� \ s \ i` �� 9'�Sb N.1* \ 1` 121 % 47-49 0 P... S, B. M. PCL. 2041-2 LEGEND P.O.C. - POINT OF COMMENCEMENT T.P.O.B.= TRUE POINT OF BEGINNING EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT I A /Y j N. -.- -I. I N.. N. -.... i A r\ °� .1 PG , CONSULTING .r r DATA TABLE: 1@0 BEARING/DELTA RADIUS LENGTH 1 'N46432'40"W - 399.19" 2 N64`47'484E -- 141.99` 3 - N32`25`09"E -- 70.66' 4 N35'53'22N — "97.13' 5 N45"58'36"W -- 170,96' 6 N29427'45`E -- 343.43r 7 N60'32'15"8 -- 244.40' 8 1445"11"02"E -- 105,56' 9 N71'22'13"8 -- 119.49' 10 N87.32'4788 223,00( 11 N27"41T564W — 154.92' 12 N35.01'05'1 -- 62.:36' 13 N62'39'30"E- -_ 50.45r 14 N35.01'05°W -- 58.81' 15 N27"41158"W -- 129.34' 16 N87'32'47"W - 20Y.33A 17 N71'22'13"W -- 95.69" 18 N45`11'021 112.52' 19 N60'32'15"W 332.27' 20 N29.27'45"E -- 354,76' 21 N45'S8'38"W -- 136.694 22 N35'53'22"W ^- 135.47' 23 14324-25'09"E 106.90' 24 N54`56`01"W — SO.O6' PIANMNq f °MON ■ CONSTHLCTION 40014 COUNTY MITER COW SUITE 100 TEMECULA. CALF00011A 42591-8022 451M7E0,042 . FAX 961678.77A0 • wrw.REPAOIn 411k.Y 24, 2007 SCALE i"=250' JOB NO, 10104541 M-23 7/24/07 5:51 pm 24 • 25 • • RBF CONSULTING 40810 County Center Drive, Suite 100 Temecula, CA 92591 May 15, 2007 JN 10-104541-M6 EXHIBIT "A" ACQUISITION PARCEL That certain parcel of land situated in the Unincorporated Territory of the County of Riverside, State- of California, being that portion of Fractional Section 4, Township 4 South, Range 7 West, San Bernardino Meridian, according to the official Government Plat thereof, described as follows: COMMENCING at LS 16 as shown can the map flied in Book 121, Pages 47 through 49, inclusive; of Records of Survey in the Office of the County Recorder of said County of- Riverside; thence along the general northeasterly line of said Fractional Section 4 the following courses: South 46°53'18" East 1387.02 feet; thence South 46°32'40" East 399.19 feet to the northwesterly line of Riverside County Flood Control District Parcel No. 2041-1 as shown on the Record of Survey filed in Book 58, Page 66 of said Records of Survey; thence leaving said general northeasterly line along said northwesterly line the following courses: South. 54°4T48" West 211.68 feet; thence South 74°33'01" West 269.81 feet; thence South 01°14'41"West 62.00 feet; thence South 66°35'32" West 82.37 feet to the TRUE POINT OF BEGINNING, said point being on the southeasterly line of Parcel 1 of that certain grant deed recorded December 1, 2000 as instrument No. 2000-479181 of Official Records of said County Recorder, thence along said southeasterly line the following courses; continuing South 66°35'32" West 117.40 feet; thence South 63°50'33" West 85.21 feet; thence leaving said southeasterly line South 14°37'37" East 302.43 feet;. • RIPDATA110f04541kAdmmvegatsW641/gt408.doc Page 1 of 26 thence North 80°03'58" East 238.45 feet; thence North 11 °51'13" West 18.07 feet to the westerly line of said Parcel 2041-1; thence along said westerly line the following courses: North 40°40'55"West 180.55 feet; thence North 01 °09'15" West 181.48 feet to the TRUE POINT OF BEGINNING, CONTAINING; 1.427 Acres, more or less, SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record; EXHIBIT' "$" attached hereto and by this reference made a part hereof, This description was prepared by me or under my direction. n R. Duquette, Aires 12/31/07 L.B. 7566 Bate:. 51 rg 107 1-5PDATA11G1U454RAdminVega1st45411000 aac Page 2 of 2 27 • R.S"8. �� SEC, , 4' � �.� gt �'; :. (�\ 'n FTL. 2041-2 I ��"- 0� 7 \ ^ . / j- / 3 {3Cjv 4.; J �� ��"�. EXHIBIT ACQUISITION PARCEL `4*GENERAL NE'LY LINE. SEC. 4 7' 4 Si R 7 W 4 7 _49 ` _ �0 12.A I Az •P° t{ DATA TABLE 00 BEARING/DELTA RADIUS NTH 1 N46132'40"W 398,19' 2 N54'47'48'E — 211.68' 3 N01'14'41"E — 62.00' 4 N66'35'32"E — 82.374 5 N01'09'151( --- 181.48' 8 N40'40'5548 -- 1B0.56' 7 N11'51413"W — 18.074' 8 N63650.33"E — 85.21' 9 1466'38'32"E — 117.40' 150 300 450 MOM NM � SCALE: 1 =150' LEGEND P.O.C. = POINT OF COMMENCEMENT T.P.O,B.= TRUE POINT OF .BEGINNING GONSULT►N13 M.ANM•6 ■ OCWW4 Y C0N91/e00-"0,4 4MOCOUOYCBMWORNEWITE100 7FPAM 2 A, CA:MOMA 92,5024022 95t678P042 r FAX 0%6 5.7$4O + lMwiIBP!eotn 1111 15, 2007 SCALE 1"=150' JOB ND. 10104541 M-6 E n 28 29 RBF CONSULTING. 40810 County Center Drive, Suite 100 Temecula, CA 92591' May 15, 2007 „1N 10-104641-M8 EXHIBIT "A" ACQUISITION PARCEL That certain parcel of land situated in the Unincorporated Territoryof the County of Riverside, State of California;, being that portion of Government Lot :5, Fractional Section 4; Township 4 South. Range 7 West, San . Bernardino Meridian, according to the Official Government Plat thereof, described as follows: COMMENCING. at LS 16 as shown on the map filed in Book 121, Pages 47 through 49, inclusive, of Records of Survey in the Office of the County Recorder of said County of Riverside; thence ailing the general northeasterly line of said Fractional Section 4 the following courses: South 46°53'18" East 1387.02 feet; thence South 46°32'40" East 924,93 feet to the southeasterly line of Riverside County Flood. Control District Parcel No. 2041-1 as shown on the Record of Survey filed .in Book 58, Page 66 of said Records of Survey, said point being the TRUE POINT OF BEGINNING thence continuing South 46°32'40" East 1011.07 feet to the easterly line of said' Section 4: thence leaving said general northeasterly line along said easterly line South 00°55'45" West 47.04 feet .to a point on a non tangent curve concave southwesterly and having a radius of 1139.00 feet, a radial lineof said_cuive from said point bears South 31 °11'51" West; thence along said curve northwesterly 216,26 feetthrough a central angle of 10°52'44" to a point of reverse curvature with a curve concave northeasterly and having a radius of 1161.00 feet, a radial lime of said curve frorn said point bears North20°19'07" East; thence along said curve northwesterly 401.16 feet through central angle of 19°47'50% thence radially from said curve North 40"06'57" East 2.00 feet to a point on a non -tangent curve concave northeasterly and having a radius of 1159.00 feet, said curve being concentric with and 2.00 feet northeasterly of last said curve, a radial line of said concentric curve from said point bears. North 40°06'67" East; II V'DATAi101045411AckninVegalsW5411y100840t Page 1 of 2 30 thence along said curve northwesterly 391.65 feet through a central angle of 19°21'42° to a point of reverse curvature with a curve concave southwesterly and having a radius of.1041.00 feet, a radial lineof said curve from said point burs South 59°28'39" West; thence along said curve northwesterly 69.25 feet through central angle of 04°54'45"to said southeasterly line of Parcel 2041-1: thence along said southeasterly line the following courses: non -tangent from said curve North'66°15'26" East 63.15 feet; thence North 35°50'52" fast 49.52 feet to the TRUE POINT OF BEGINNING. CONTAINING; 3.501 Acres, more or less: SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. J R. Duquette, LS. 7506 Date: Os isI•� Expires 12/31/07 . Ji.1Poara101945411Adminvnpais146411g1008.d c Rage 2 of 2 31 • LS 16 \ IN '�y't?- -k°<45'q 150 0 150 300 450. 11111111111111111111111111111 x�, ■ Imo- ME GENERAL NE'LY LINE SEC, 4 T.P.O.B. GOV. LOT T 4 S, .R 7 W SEE DETAIL HEREON S. B. M. EXHIBIT 13" AQUISIT ION PARCEL SCALE: 1"=150' DATA TABLE BEARING/DELTAI RADIUS 1 NCI1.55' 45'E 2 N35'50'52"E 3 1NI66'15'26'E 4 04'54'45' 5 N40'06'57"E 6 10'52'44' +re. J? p0+ Nz\ �59 1041.00' RAD, 1139,00' N 16 <4e�t2r. 4541 ;t2 LENGTH 47.04' 49.52' 83,15' 69.25' 2.00' 216.26* DETAIL NOT TO SGAL.E .6/ Q N31' 1 i' 51"E (R) Q/ CLY LINE SEC. LUEND P.O:C., POINT OF COMMENCEMENT T.P.O.B.=TRUE POINT OF BEGINNING CONSULTING P LNNNIN6 • DESIGN • con4TRuuro 1 4AOMANTYCENTERUMINMECO meaLkafiLroftWometwn 95tEMW2.FAXNIV•7240. mvoREF om •15, 2007 SCALE 1'=150' J09 NU 10104541 M-8 32 33 • • • RBF CONSULTING 4081.0 County Center Drive, Suite 100 Temecula, CA 92591 May 15, 2007 JN 10-104541-M9. EXHIBIT "A" SLOPE -EASEMENT SUBJECT TO RECAPTURE. AND TEMPORARY CONSTRUCTION EASEMENT Those certain parcels of land situated in the Unincorporated Territory of the County of Riverside, State of California, being portions of Govemme,nt Lot 5, Fractional Section 4, Township 4 South,: Range 7 West, San Bernardino Meridian, according to the Official Government Plat thereof; described in parcels as follows: PARCEL. A: SLOPE EASEMENT SUBJECT TO RECAPTURF� COMMENCING at. LS 16 as shown on the snap filed in Book 121, Pages 47 through.49, inclusive, of Records of Survey in the Office of the County Recorder of said County of, Riverside; thence along the general northeasterly lineof said Fractional Section 4 the following courses: South 46°53'18" East 1387.02 feet; thence South 46°32'40" East 924.93 feet to the southeasterly line of Riverside County Flood Control District Parcel No, 2041-1as shown on the Record of Survey filed in Book 58, Page 60 of said Records of Survey; thence continuing South 46°32'40" East 1011.07 feet to the easterly line of said Section 4; _ thence leaving said general northeasterly line along said easterly line South 00°55'45" West 47.04 feet to a point on a non -tangent curve concave southwesterly and having a radius of 1139.00 feet, a radial line of said curve from said point bears South 31611'51" West, said point being the TRUE POINT OF BEGINNING; thence along said curve northwesterly 216.26 feet through a central angle of 10°52'44" to a point of reverse curvature with a curve concave northeasterly and having a radius of 1161.00 feet, a radial line of said curve from said paint bears North 20°19'07" East; thence along said curve northwesterly 401.16 feet through central angle. of 19°47'50"; HAPDATAII01 D454 iVldminVega/s14541101009.abc Page 1 of 4 34 thence radially from said curve North 40°06'57" East 2.00 feet to a point on a non -tangent curve concave northeasterly and having a radius of 1159.00 feet, said curve being concentric with and 2.00 feet northeasterly of last said curve, a radial line of said concentric curve from said point bears North 40°0€057" East; thence along said curve northwesterly 391.65 feet through a central angle of 19°21'42" to a point of reverse curvature with a curve concave southwesterly and having a radius of 1041.00 feet, a radial line of said curve front said point bears South 59°28139" West; thence alone said curve. northwesterly 89.25 feet through central angle of 04°54'45" to said southeasterly line of Parcel 2041-1 thence along said southeasterly line the following courses: non -tangent from said curve South 66°15'26" West 129.45 feet to a point hereinafter referred to as: point "A"; thence leaving said southeasterly line South 19°16'03" West 129.02feet; thence South 40°00'38" East 204.58 feet; thence South 61 °23'22° East 225.28 feet; thence South 58°15'07" East 216.84 feet; thence South 21°09'18" East 72.08 feet; thence South 61 ° 13'56" East 111.49 feet; thence North 62°28'05" East 85.68 feet; thence South 42°36'51" East 154.88 feet; thence South 48°1520" East 171.73 feet to the southerly line of said Government Lot 5; thence along said southerly line South 89°13'10" East 49131 feet to said easterly line of Section 4; thence leaving said general southerly line along said easterly line North 00°55'45" East 194.07 feet to the TRUE POINT OF BEGINNING. CONTAINING: 4.394 Acres. more or less. H: OATAIi4104541tAdmJnvoga/s445411 009.0c Page 2 of 4 35 • • PARCEL 8: TEMPORARY CONSTRUCTION EASEMENT BEGINNING at point "A" as described in Parcel A above; thence South 19°16'03" West 129.02 feel: thence South 40°00'38" East 204.58 feet; thence South 61 °23'22" East 2225.28 feet; thence South 58°15'07° East 216.84 feet; thence South 21°09'18" East 7208 feet; thence South 61°13'56" East.111.49 feet; thence North 62°28'05" East 85.68 feet; thence South 42'336'51" East 154.88 feet; thence South 48°15'20" East 171.73 feet to said southerly line of Government Lot 5; thence along said southerly line North 89°13'10" West 76.27 feet; thence leaving said general southerly line North 48315'20" West 116.60 feet; thence North 42°36'51" West 119.04 feet; thence South 62°28'05" West 74.12 feet; thence North 61 °13'56" West 156A8 feet; thence North 21 °09'18" West 73.54 feet; thence: North 58°15'07" West 198.70 feet; thence North 61°23'22" West 233.35 feet; thence North 40°00'38" West 242.47feet; thence North 19°16'036 East 110.83 feet to said southeasterly line of Parcel 2041-1; H1PDATA11010454 naarrri"vegals1454000os.doc Page 3 of 4 36 thence along said southeasterly line Forth 66°1626" East 68,38 feet to the POINT OF BEGINNING. CONTAINING: 1,648 Acres, more or less. SUBJECT 7'0 all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached hereto and bythls reference made a part hereof, This description was prepared by me or under my direction. 5/0-113 I J R. DuquePIS. 7566 Date; Expires 12131/07' MADATA110104541I Admin4egals}4341 b1U09. doc Page 4 of 4 37 • C\-* 9.0 POINT "A" P.0.8 PCL. B 2 �, GOV . SEC. T S .� T 4 9, R 7 W SEE SHEET 2 FOR COURSE DATA P.O.C. PCL. A LS 16 �$. \. tip" \ _l GENERAL NE'LY INE SEC. 4 . --- lipADI e 6. " 1 RC\ 21 \ \ DETAIL' NOT TO SCALE V \ \Z, �vi, J AIL\ i 540"06'57"N+\p3. N r \.pi wI 1 \ g ciia \ 'r(d 1 S. B M. EXHIBIT "B' SHEET I OF 2 TEARY CONS"TRUGTIM EASEMENT AND SLOPE EASDENT SUBc1ECT TO RECAPTURE S'LY LINE GOY. LOT 5 ( E'LY LINE, SEC, 4 �( LEGEND P.O.C.- POINT OF COMMENCEMENT T.P,O.B.= TRUE POINT OF BEG- INNING CONSULTING ( 'o to O V O 0 N i c4 n r 9 PLoaimtio ■ pE61oN R pot4sTroullus 40816 COUkt Y CFMHi owY$ MIMIC* /EMMA CaUFaMea vzS31-eua2 951871113042 r FAA 10.6797Z44 • wow..149F.cwn iioe 15, 2007 SCALE 1"=150' JOB 1.10. 10104541 M-9 38 DATA TABLE. BEARING/DELTA RADIUS LENGTH 1 MC/455445"E 194.07' 2 N89413110"W 49.81' 3 N48.15120"W -- 171.73' 4 N42436'51"W -- 154.881 5 N62428105"E -t 85.68' 7 N61413456"W 111.49' 8 N21409118"W -- 72.08' 9 N58415'07"W -- 216,841 10 N61423422"W -- 225.28' 11 N40400'38"14 --- 204.58' 12N194164.03"€ ...... 129.02' 13 N66415426"E -- 68.35' 14 N19416103"E -- 110.831 15 N40400138"W -- 242.474 16 N61423122"W -- 233.35' 17 N58415107"W 198.70' 18 N21409418"W .-- 73.54' 19 N61413156"W 156.48' 20 N62428'05"E — 74.121 21 N42436151"W -- 119.04' 22 N484151201W 116.60' 23 N89413'10"W -- 76.27' 24 N66415'26"E 129A5' 25 04454445" 1041.004 89.25' 26 19421'42" 1159.00' 391.65' 27 N40406457"E RAD; 2.00' 28 19447150" 1161.00' 401.16' 29 10452'44 1139.001 216.2C -- 30 N00455'45"E 47.04' EXHIBIT 'Bs SHEET 2 OF 2 TEMPCRARY OXISTRUCTION EASENENT AND SLOPE EASEMENT SUBJECT TO RECAPTURE MAY 15, 2007 SCALE N/A CCIN8WLTINLi PI-ANNING R DEMON It aaNBrnisonaN acre ccom camas alm smE xe TEMECULA CALIFORNIA 52591-SO22 stit Boaz • FAX VJ W7Q72AC • wwvitaleetrt JOB NO, 10104541 M-9 w i 39 • RBF CONSULTING 40810 County Center Drhra, Suite 100 Temecula, CA 92591 May 15,2007 JN 1p-104541-M7 EMISIT'"A"' TEMPORARY CONSTRUCTION EASEMENT That certainparcel of land situated in the Unincorporated Territory of the County of Riverside, State of California, being that portion of Fractional Section 4, Township 4 South; Range 7 West, San Bernardino Meridian, according .to the Official: Government Plat thereof, described as follows: COMMENCING at LS 16 as shown on the map filed in Rook 121-, Pages 47 through 49, inclusive, of Records of Survey in the Office of .the County Recorder of said County of Riverside; thence along the generalnortheasterlyline of said Fractional) Section 4 the following courses: South 46°53'18"'East 1387.02feet; thence South 46°32'40" East 399.19 feet to the northwesterly line of Riverside County Flood Control District Parcel No. 2041-1 as shown on the Record of Survey filed in Book 58, Page 66- of said Records of Survey, thence leaving said general northeasterly line along said northwesterly line the following courses; South 54°47'48" West 211.68 feet; thence South 74°331)1" West 269.81 feet; thence South 01°14'41" West 62.00 feet; thence South 66°35'32" West 82.37 feet to the southeasterlyline of Parcel 1" of that certain grant deed recorded December 1, 2000 as Instrument No. 2000-479181 of Official Records of said County Recorder; thence along said southeasterly line the following courses: continuing South 66°35'32" West 117.40 feet; thence South 63°50'33" West 85,21 feet to the TRUE POINT OF BEGINNING; thence leaving said southeasterly line South 14°37'37" East 302.43 feet; thence North 80°03'58" East 236.45 feet: • H:PDAT/voraas411Admmvogsrsuse.1lgrooxuoc Page 1 of 2 40 Expires 1.2/31/0 thence South 11°51'13" East25,01 feet; thence South 80°03'58" West 2+60.32 feet; thence North "1417'37" West 320.37 feet to said southeasterly line of Parcel 1; thence along said southeasterly line North 631'50'33" East 25.51 feet to the TRUE POINT OF BEGINNING. CONTAINING; 0.321 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record: EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. n Duquet ,�P�7566 Date: 5161e7 H 1PDATA1101045411AdminVegals1454110007,doc Page 2 of 2 41 • 7 4 Si R W GENERAL NE'LY LINE SEC: 4 st)?. 4' —49-, 0 R • . E3. 5RAC71 ONAL `N, SEC. 4 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT • 15, 2007 150 0 DATA TABLE. BEARING/DELTA RADIt15 LENGTH 1 N54.513'0111 -- 179.1 7' 2 N54.47'48"E -- 211.68' 3 N01"14'41"E 82.00f 4 N66"35'a2"E -- 82.37' 5 N63.50'3rE 65.21' 6 N66.35'32"E -- 117.40' 7 N46'32'40"W -- 180.76' 8 1453'50'33"E — 26.511' 9 . N11'51'13"W — 25.01r 150 300 450 MINN>, . rl!`1111111111111111111111111111 SCALE: 1 "=150' LEGEND P.O.C. = POINT OF COMMENCEMENT T.P.O.B.= TRUE POINT OF BEGINNING CONsuurtrvii FLAMN1140 i OESOIN M ComsTOdOt bt 108nCOUtiVIMMERORIVE,SINTE106 TEMECULA QALFOWAA@?E66-80T2 8519788042 • FAX 65L5767340 • wreSIB ?FdP SCALE 1"=150' JOB NO. 10104541 M-7 CY a 0 0 4 r 0 t� X is r z a. a 42 43 • • • RBF CONSULTING 40610 County Center Drive, Suite 100 Temecula, CA 92591 May 15, 2007 JN 10-104541,-M10 EXHIBIT "A" ACQUISITION PARCEL That certain parcel of land situated in the Unincorporated 'Territory of the County of Riverside, State of California, being that portion of Government. Lot 2, Fractional Section 3, Township 4 South, Range 7 West, San Bernardino Meridian, according to the Official Government Plat thereof, described as follows:. COMMENCING at LS 16 as shown on the .map filed in Book 121, Pages 47 through 49, inclusive, of Records of Survey in the Office of the County Recorder of said County of Riverside;. thence along the general northeasterly lino of Fractional Section 4, Township 4 South, Range 7 West, San Bernardino Meridian, the following courses: South 46°53'18" East 1387.02 feet; thence continuing South 46°32'40" East 1936.00 feet to the westerly line of said Section 3, said point being the TRUE POINT OF BEGINNING; thence leaving said general northeasterly line along said westerly line South 00°55'45" West 47.04 feet to a point on a non -tangent curve concave southwesterly and having a radius of 1139.00 feet; a radial tine of said'durve from said point bears South'31°11'51" West; thence along said curve southeasterly .554.94 feet through a central angle of 27°64'55'; thence tangent from said curve South 30°53'14" East 343.51 feet to the beginning of a tangent curve concave northeasterly and having a radios of 1861.00 feet; thence along said curve southeasterly 479.23 feet through a central angle of 14°45'16"; thence tangent from said curve South 45°38'30" Fast 213,02 feet to the southwesterly line of Riverside County Flood Control District parcel 2070-106 as shown on the Record of Survey filed in Book 64, Pages 75 through 79, inclusive, of said Records of Survey; Page 1 of 2 HAP❑ATAI201045411Ad+ninVegarak454110010. doc 44 thence along the southwesterly and northwesterly lines of said Parcel 2070-106 the following courses: North'32°44'50" West 115.31 feet; thence North 48°08'26" East 190.79 feet to the northeasterly .line of Fractional Section 3; thence leaving said northwesterly line along said northeasterly line the following courses: North 46°40'04" West 836.52 feet; thence North 46°32'40" West 664.79 feet to the TRUE POINT Or BEGINNING. CONTAINING. 3.632 Acres`, more or less. SUBJECT TO ail Covenants. Rights, Rights -of -Way and Easements of Record. EXHIBIT " B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. R. Duquette, P. ., 7568 Date: siloio-7 ices 12/31/07 Page 2 of 2 45 LS 16 y GENERAL NEVI"' LINE SEC. 4 T.P:O.B. "F4' ti b%�i ssr • ¢cS. .�' _ \41* 1 Mfff 4k. p0- 7. FRAC. LOT 2 `' , SAC. 9 ' \`L� 1FRACf.10NAL • w7 4 S, R 7 W SEC,. O DATA TABLE g0 BEARING/DELTA RADIUS LENGTH 1 N00455'45"E -- 47,04' 2 N30453'14"W --• 343.51' 3 14445'16" 1861.00' 479.23' 4 N45'38'304W -- 213.02' 5 N32444'50"W — . 115.31' 6 N48408'26"E — 190.79' 7 N46453'18"W — 1387.02' 8 N46432'40"W -- 1936.00' EXHIBIT °B" ACQUISITION PARCEL NE'LY LINE SEC. 3 o. 6, , E . P.O.G.= POINT OF COMMENCEMENT T.P.O.B.= TRUE POINT OF BEGINNING 'S N a 0 c3 0 8 0 tV CONSULTING 0 i 0 v zN 8th cb4 h N 03 CL •LAHNINO ■ /LAM M M VONBTNYOTION 408i0«,00 ,F� CALIFORNIA 92Sn-6M 951878.8042 • FM 951670V#0 +. mo'ariAtom fil)15, 2007 SCALE 1"-200' JCS NM 10104541 M-10 5f15/07_8:13 am a C] 0 5 w r t- m i a 4 s a a i_ 3 0 t 46 • 47 RSF CONSULTING 4081.0 County Center Drive, Suite 100 Temecula, CA 92591. May 15, ROOT JN• 10-104541-M11 FIHIBIT "A SLOPE EASEMENT SUBJECT TO RECAPTURE AND TEMPORARY CONSTRUCTION EASEMENT Those certain parcels of land situated in the Unincorporated Territory of the County of Riverside, State of California, being portions of Government Lot 2, Fractional Section 3,, Township 4 South; Range 7 West, Sari Bernardino Meridian, according to the Official Government Plat thereof, described in parcels as follows: PARCEL A; SLOPE EASEMENT SUBJECT TO RECAPTURE COMMENCING at LS 16 as shown on the map filed in Hook. 121, Pages 47 through 49, inclusive, of Records of Survey in the Office of the County Recorder of said County of Riverside; thence along the general northeasterly line of Fractional Section 4, Township 4 South, Range 7 West, San Bernardino Meridian, the following courses South 46°53'18" East 1387.02 feet; thence continuing South 48°3240" East 1938.00 feet to the westerly line of said Section 3; thence leaving said general northeasterly line along said westerly line South 00°5645" West 47.04 feet to a point on a non -tangent curve concave southvvesterly and having a radius of 1139.00feet, a radial ling of said curve from said point bears South 31°11'51"West, said point being the TRUE POINT OF BEGINNING; thence along said curve southeasterly 664.94 feet through a central angle of 27°54'55"; thence tangent from said curve South 30°53'14" East. 343.51feet to the beginning of a tangent curve concave northeasterly and having a radius of 1861.00 feet; thence alongsaid curve southeasterly 479.23 feet through a central angle of 14445'16n; HAPDATA11010454t W danNegetal4S411 011. doc Page 1 of 3 48 thence tangent from said curve South 45°3630* East 21102 feet to the southwesterly line of Riverside County Flood Control district Parcel 2070=106 as shown on the Record of Survey filed in Book 64,Pages. 75 through.79, inclusive, of said Records of Survey; thence along said southwesterly line of said Parcel. 2070-106 South.32°44'50" East 71,88 feet to the northerly line of the McKnight Clay Claim as shown on said Record of Survey filed in Book 121 Pages 47 through 49,. Inclusive, of Records of Survey; thenceleaving said southwesterly line along saidnortherly line North 89°45'28" West 152.77 feet to a point hereinafter referred to as point ".A"; thence leaving said northerly line North 38°53'04" West 187..30feet; thence North.82°21'51" West 234,40 feet; thence North 37°38'00" West 309.29°feet; thence North 48°39'08* East 173.V feet; therice North 32°03'24" West 273.63 feet; thence North 87°44'27* West 149.57 feet thence North 39°00'18" West 316.04 feet to said westerly line of Section 3;' thence: along said westerly line North 00°55'45" East 248.59 .feet to the TRUE POINT OF BEGINNING. CONTAINING: 6.136 Acres, more or less. PARCEL It Tf WIPORARY CONSTRUCTION EASEMENT' BEGINNING at point °A° as described in Parcel A above; thence North 38°53'04" West 187.30 feet; thence North 82°21'51" West 234A0 feet; thence North 37°38'00 West 309.29 feet; thence North 48°39'08" East.173.32 feet; thence North 32°03'24" West 273.63 feet; H: tPDATA1101045411AdminVegats1454110011. doc Page 2 of 3 49 • • • thence North 87944'27" West 149.57 feet; thence North 39°0018" West 316.04 feet to the westerly line of said Section 3; thence along said westerly line South 00°55145" Vilest 77.89 feet; thence leaving said westerly line South 39°00'11r East 278.96 feet; thence South 87°44'27° East 145.80 feet; thence South 32°03'24" East 204.74 feet; thence South 48°39'08" UVest 177,70 feet; thence South 37°38'00° East 376.72 feet; thence South 82°21'51" East 236.03 feet; thence South 38°53'04° East 126.69 feet to the ,northerly line of said McKnight Clay Claim as shown on said Record of Survey filed in Book 121, Pages 47 through 49, inclusive, of Records of Survey; thence along said northerly line South 89°45'28" East 64A5 feet to the POINT OF BEGINNING. CONTAINING: 1.831Acres, more or less, SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT " S" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction.. 1 �(1S�u7 JA: R. Duq tte, PLS. 7566 Date: Expires i 2/3 0.7 HAPDATA11010464iWdmievegebt4541/00a tdoc Page 3 of 3 50 51 r P.O,• PCL. A LS 1 \ GENERAL NE'LY 7- LINE SEG. 4 ?4 �� PCL. A / A .4)/ ` SEC. 4 • ' W'LY LINE 13 4 LOT 2 12 uj • LEGEND N' LY L 1 NE MCKN I GHT CLAY CLAIM ,. P.O.C.= ROINT OF COMMENCEMENT POINT "A" T,P,O:BRUE POINT OF BEGINNING P-O.B• PCL. .� SHEET 1 OF 2 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT AND SLOPE EASEMENT SUBJECT TO RECAPTURE 15, 200 SCALE 1'=200' Ns 8 O 0 cv / i tN Q to G7 N • -I Sn [? O.04 SEE SHEET 2.FRR COURSE DATA CCINSWLTING 40e10 COM"( Cron OHNE, 8Iu1E 100 7F474e A CALIFORNIA 82891-8022 - 451678.6042 • FAX 081875.7240 • nawHNF.eem JOB Na '10104541 M-11. 52 COURSE DATA DATA TABLE BEARING/DELTA. RADIUS LENGTH 1 N00'55'45"E -- 47.04' 2 N30'53'14"W -- 343.51' 3 14'45'16" 1861.00' 479.23' 4 N45°38'30"W -- 213.02' 5 N89°45'28"W -- 152.77' 6 N38°53'04''W -- 187.30' 7 N82°21'51"W -- 234.40' 8 N37°38'00"W -- 309.29' 9 N48°39'08"E -- 173.32` 10 N32°03'24"W -- 273.63' 11 N87644'27"W -- 149.57' 12 N39700'18"W -- 316.04' 13 NOO°55'45"E -- 248.59' 14 N00"55'45"E — 77.89' 15 N39°00'18"W -- 278.95' 145.80° 16 N87'44'27"W -- 17 N32°03'24"W -- 204.74' 18 , N48'39'08"E — 177.70' 235.03' 126.59' 19 N82°21'51"W -- 20 N38'53'04"W -- 21 N89'45'2811 -- 64.45' 71.8e 22 N32°44,50DW -- 23 N46'53'18"W -- 1387.02' 24 N46-32'40"W -- 1936.00' SHEET 2 OF 2 EXHIBIT `B" TEMPORARY CONSTRUCTION EASEMENT AND SLOPE EASEIENT SUBJECT TO RECAPTURE MAY 15, 2007 SCALE 1"-200' GONSULTIiNG PLANNIND ■ DCDttiN ■ DCNWFM•011014 40011 MAIM CartEFl twos. gun fog 7EMECULA. 6AUFORNIA t17Wt-ecea 9816784042 • FAX fiabie.7246.• rDrwAaFoom Joe ha 10104541 M-I1 07 11:16 am 53 3/9/2011 Foothill Parkway Westerly Extension 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 offer of just compensation has been made to the property owner. 1 3/9/2011 Foothill Parkway Westerly Extension 2 3/9/2011 i ne Neal rro-ert interests to oe H :urea are necessary ror the rrotect ''' r a 3is-040-012 216-040.015 276.040.015 12 107 3.632 3.693 3.616 6.393 6.131 1869 1669 1.631 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 offer of just compensation has been made to the property owner. 3 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 9, 2011 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Proposed Policy Goals and Objectives for Fiscal Year Budget 2011 /12 BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve the proposed Commission Policy Goals and Objectives for the FY 2011 /12 Budget. BACKGROUND INFORMATION: The initial step in the budget process is to develop policy goals and objectives for the next fiscal year that are consistent with the Commission's overall strategic direction. Most importantly, the adoption of the Commission Policy Goals and Objectives for the annual fiscal budget provides an opportunity to match the Commission's spending priorities in a manner that implements the promises made to the citizens of the county of Riverside in both Measure A Expenditure Plans and that fulfills other Commission responsibilities. The Commission's seven long-term policy goals are: • Promote mobility; • Mitigate and address the impact of goods movement; • Encourage economic development; • Ensure improved system efficiencies; • Foster environmental stewardship; • Support transportation choices through intermodalism and accessibility; and • Prioritize public and agency communications. The Commission's Financial and Administration Policies are also included in the Commission Policy Goals and Objectives for the FY 201 1 /12 Budget. Attachment: Proposed Commission Policy Goals and Objectives for FY 201 1 /12 Budget Agenda Item 8A 54 • • Commission Policy Goals and Objectives In addition to financial and administration policies, the Commission has seven long-term policy goals: promote mobility, mitigate and address the impact of goods movement, ensure improved system efficiencies, foster environmental stewardship, encourage economic development, support transportation choices through intermodalism and accessibility, and prioritize public and agency communications. For each of these policy goals, the objectives and initiatives that were considered in the framework of the work plan for the FY 2011/12 budget are identified below. While Riverside County grapples with the challenges of a declining real estate market, high unemployment, and an uncertain economy, the need for better transportation remains a top public priority. The Commission is poised to address these challenges via the seven policy goals. In moving forward with an aggressive program of projects and services, the Commission will face the challenge of fluctuating Measure A, TUMF, and TDA revenues and uncertainty regarding the availability of federal and state transportation revenues. Due to the long-term nature of many of the Commission's programs, many of the policy goals' objectives and initiatives are ongoing from year to year. Promote Mobility The Commission, in cooperation with local, state, and federal agencies, will strive to create a transportation system that promotes efficient mobility both within the County and region. • Complete projects and programs included in the 1989 Measure A and determine use(s) for any unexpended revenues. • Continue to aggressively pursue completion of the environmental, design, and construction processes on key components of the Western Riverside County Delivery Plan, which includes the SR-91, 1-15, and 1-215 corridor improvement projects. • Continue to develop the toll program consistent with the Western Riverside County Delivery Plan including executing toll program agreements with key regional and state partners namely Ca!trans, Orange County Transportation Authority (OCTA), toll operator, city of Corona, California Highway Patrol (CHP), and others. • Develop requests for proposals for SR-91 corridor improvement project design - build contract and pursue funding opportunities via the Transportation Infrastructure Finance Innovation Act (TIFIA) loan program. • Continue the preliminary engineering and environmental clearance for the Mid County Parkway and SR-79 realignment projects. • Continue to work with state and federal agencies to fund and construct projects programmed in the STIP, Federal Transportation Improvement Program (FTIP), Proposition 1 B bond programs, and Measure A program as well as other high 55 • • • priority regional projects. Maximize obtaining all available transportation funds and strategically program funds to meet funding deadlines and to prevent the lapse and loss of funds. Maximize the effective application and use of Western County TUMF funds to deliver eligible Commission priority projects. Work closely with local jurisdictions to implement the TUMF Regional Arterial Program and facilitate the delivery of arterial improvements in Western County. Actively participate in the SR-91 Advisory Committee and Riverside Orange Corridor Authority to facilitate near and long-term improvements to SR-91, enhance intercounty public transit options, and foster the development of a new corridor between the two counties. Advocate streamlining efforts at the state and federal levels that will reduce costs, time and delays currently associated with project delivery including, but not limited to, timely project reviews and approvals. Continue to coordinate and provide public access to commuter information via the newly launched lE 511 system and the development of a supporting traveler information newsletter for Inland Empire commuters. Continue cooperation with the FTA regarding the Small Starts process to support the initiation of the Perris Valley Line commuter rail service in 2012. Continue to work with the public transit operators to reduce costs and increase system efficiencies in order to accommodate fluctuating revenues from state and federal sources. Continue to develop a vision of transit service to further promote seamless intracity, intercity, and regional transit connectivity for County residents. Mitigate and Address the Impact of Goods Movement The Commission will work with federal, state, and local governments to facilitate the movement of goods and services to, within, and through the County, recognizing the vital role goods movement mobility plays in the economic health of the County, the State, and the nation. • Seek funding and local agency concurrence to implement the Commission's approved, high -priority railroad grade separation priority list to mitigate the impact of increased goods movement demands on the transportation system. • Encourage Congress to create a federal freight trust fund, or similar program with a dedicated and firewalled revenue structure, in order to treat the nation's multimodal national goods movement network as a system rather than individual projects. Partners assisting with this issue include the Southern California Association of Governments (SCAG), Los Angeles County Metropolitan Transportation Authority (Metro), OCTA, SANBAG, San Diego Association of Governments (SANDAG), Ventura County Transportation Commission (VCTC), South Coast Air Quality Management District (SCAQMD), Mobility 21, and the Coalition for America's Gateway and Trade Corridors (CAGTC). • Remain committed to a regional approach regarding goods movement issues in order to maximize funding from state and federal sources to goods movement • • • 56 • • needs in Southem California. • Continue working with the Ports and regional transportation commissions to develop a funding mechanism for needed projects and mitigation on a regional basis, including Riverside County. Encourage Economic Development Transportation decisions will consider the economic benefits derived from any improvement, and, where feasible and practical, will pursue transportation alternatives that enhance or complement economic development. • Commit to seek opportunities related to transportation projects that will create jobs and improve the economic base in the County. • Support local agencies in the design and construction of interchanges that are in proximity to regional economic centers and developments. • Support local projects, consistent with countywide transportation goals, which enhance business development; local employment, and area tourism. Ensure Improved System Efficiencies The Commission will select projects and allocate funds in a manner that will improve safety and reduce congested traffic corridors. • Advocate the development and use of advanced technologies for transportation applications that are affordable and practical. • In partnership with SANBAG, refine and enhance the recently launched IE 511 system, which will make real-time traffic information, real-time bus and rail transit trip planning information, and rideshare information available to commuters for the purpose of trip planning and reducing congestion. • Assure the effectiveness of transit planning through coordination with the County's eight transit operators, Citizens' Advisory Committee, and annual SRTP process with a goal toward promoting program productivity, efficiency and effectiveness. • Provide innovative commuter rideshare programs to reduce single occupant vehicle trips and coordinate with other regional rideshare service providers to address intercounty commute trips. • Work with local jurisdictions, Caltrans and the CHP to continue providing a motorist aid system which includes a call box program and an FSP program, including temporary services in freeway construction zones. • Leverage resources to incorporate park and ride facilities and additional connecting bus service at Metrolink stations that may have available capacity. • Continue working with Caltrans to monitor traffic conditions for the purpose of focusing transportation funds on congested corridors and system deficiencies. 57 Foster Environmental Stewardship • The Commission will achieve its mobility goals while promoting environmental stewardship and protecting the area's natural resources and quality of life. • Continue working with the Riverside Conservation Authority (RCA), CaMans, and state/federal resource agencies to implement the Multi -Species Habitat Conservation Plan (MSHCP). • Work with the SLAG, SCAQMD, sub -regional agencies, and local jurisdictions to implement an RTP that meets regional air quality goals, conformity guidelines, and SB 375 green house reduction targets for the SCAG region. • Support a variety of outreach channels and educational programs that promote the benefits of ridesharing, public and specialized transit, rail, and availability of commuter resources for the purposes of reducing vehicle trips and vehicle miles traveled. • Facilitate private/public use of clean fuels technology. • Continue to develop sustainable and green commuter rail stations and provide upgrades and rehabilitation projects to reduce the environmental impact of the existing stations. Support Transportation Choices through Intennodalism and Accessibility County residents will be served, where economically feasible, through the development of transportation alternatives and travel options that consider the needs of a wide range of citizens. • Work with transit providers and local social service agencies to provide specialized transit service to meet a broad spectrum of socio-economic transit needs of seniors and persons with disabilities. • Leverage commuter assistance and freeway service patrol outreach channels in order to increase the awareness of and foster the use-ef alternative commuting modes. • Implement the Commission's commuter rail SRTP and SCRRA's plan for commuter rail services with an emphasis on the Perris Valley Line, an extension from Riverside to Perris via Moreno Valley. • Advocate for the provision of Amtrak commuter and/or passenger rail services to the Pass Area and Coachella Valley. • Continue to pursue the goals and objectives as outlined in the Coordinated Public Transit -Human Services Transportation Plan(Coordinated Plan) for Riverside County related to a unified, comprehensive but flexible strategy for transportation service delivery to address transportation gaps and/or barriers focusing on unmet transportation needs of elderly individuals, persons with disabilities, and individuals of limited income. • Enhance security, surveillance, and emergency response capabilities of County transit facilities and infrastructure through proactive planning, interagency coordination, and investment. 58 Prioritize Public and Agency Communications The Commission will provide timely, informative, and accurate information to encourage informed public and agency participation in the Commission's decision -making processes. • Promote a close working relationship with news and civic entities to increase interest and understanding of transportation and related issues. • Enhance the provision of public information through various forms of communication (e.g., website, monthly newsletter, television, Speakers Bureau, print media, radio, etc). • Maintain an ongoing effort of informing Riverside County's Congressional and State Legislative delegations regarding County transportation issues. • Develop an effective long-range legislative strategy regarding the reauthorization of the federal transportation bill to ensure that the federal government participates as a full partner in funding Riverside County projects that are of national and regional significance. • Advocate for sufficient funding for Riverside County transit and transportation projects from various federal and state revenue sources including, but not limited to, annual federal appropriations, economic recovery programs, STIP, and Proposition 1 B bond programs. • Seek legislative flexibility for innovative financing and delivery methods. • Maintain ongoing efforts to educate commuters, businesses, and the public regarding the Commission's toll planning efforts and specific project development efforts currently underway. Financial and Administration Policies Financial Planning Policies • Administrative costs, including salaries and benefits, shall be funded by allocations from Measure A, LTF, FSP, SAFE, and TUMF funds. • The Commission shall budget no more than one percent (1%) of Measure A sales tax revenues for administrative salaries and benefits. • Administrative program delivery costs will be budgeted at whatever is reasonable and necessary, but not to exceed four percent (4%) of Measure A sales tax revenues (inclusive of the one -percent salary limitation). The Commission shall budget 100% of the annual required contribution related to the postretirement health care benefits. • The Commission shall utilize unexpended 1989 Measure A funds only for projects and programs included in the 1989 Measure A. Sales tax revenues from the 2009 Measure A shall be expended only for projects and programs included in the 2009 Measure A. • Amounts will be budgeted by fiscal year for multi -year projects, based on best 59 available estimates, with the understanding that, to the extent actuals vary from those estimates and the project is ongoing, adjustments will be made on a continual basis. • The fiscal capital budget should be consistent with the strategic plan and deviations appropriately noted, explained, and justified. • A balanced budget shall be adopted annually with operating and capital expenditures and other financing uses funded by identified revenues and other financing sources as well as available fund balances. Revenue Policies • Sales tax revenue projections will be revised semi-annually to ensure use of current and relevant data. Staff may adjust annual amounts to reflect the most current economic trends. • A strategic application of local funding sources will be used to maximize federal and state funding of projects. • Fiduciary responsibility regarding Western County TUMF revenues shall be exercised, and revenues will be allocated pursuant to Commission direction and the approved 2009 Measure A. Debt Management Policies • Outstanding sales tax revenue bonds shall not exceed $975 million. • The Commission will maintain 2.0x debt ratio coverage on all senior sales tax revenue debt. • Debt issuance will be for major capital projects including engineering, right of way, and construction. Debt secured by Measure A revenues may be used to advance projects included in the 2009 Measure A expenditure plan. • Operating requirements, if any, must be paid from current ongoing revenues and may not be financed. • Costs of issuance, including the standard underwriter's discount, will not exceed two percent (2%). • The Commission may enter into interest rate swaps to better manage assets and liabilities and take advantage of market conditions to lower overall costs and reduce interest rate risk. • While it is the intent of the Commission to establish a cash debt reserve for long term bond issuance, surety bonds can be obtained when beneficial to the Commission. • All sales tax revenue debt must mature prior to the termination of 2009 Measure A on June 30, 2039. 60 • Expenditure Accountability Policies • Established priorities for planning and programming of capital projects will be reviewed annually with the Commission. • Actual expenditures will be compared to the budget on at least a quarterly basis, and significant deviations will be appropriately noted, explained, and justified. Reserve Policies • The Commission will maintain program reserves in accordance with Measure A and TDA policies and guidelines. • The Commission will establish and maintain a transit operator's reserve of ten percent (10%) for the Coachella Valley and Palo Verde Valley. Additionally, a ten percent (10%) reserve will be established and maintained for each of the Western County transit operators (public bus and commuter rail). Cash Management and Investment Policies • Where possible, the Commission will encourage receipt of funds by wire transfer to its accounts. • Balances in the bank operating account will be maintained at the amount necessary to meet monthly expenditures. • Idle funds will be invested per the Commission's established investment policy emphasizing in order of priority: 1) safety, 2) liquidity, and 3) yield. • Cash disbursements to local jurisdictions and vendors/consultants will be completed in an expeditious and timely manner. Auditing, Accounting, and Financial Reporting Policies • The Commission will continue the replacement of its financial software system in order to better integrate project accounting needs and improve accounting efficiency. • The Commission will issue a Comprehensive Annual Financial Report (CAFR) in accordance with the GASB Statement 34 financial reporting model. • An audit is to be conducted annually on the Commission's accounting books and records. As long as the Commission has outstanding bonds, an independent accounting firm must conduct the audit. • The Commission is responsible for ensuring that audits of Measure A and TDA funding recipients are completed and reviewed for compliance and other matters in a timely manner. • An internal audit program will be maintained to identify improvements in controls and procedures as well as best practices. 61 Human Resources Management Policies • Commission staffing levels will be consistent with the intent of its enabling legislation, which envisioned a small, but effective staff. • Contract staff and consultants will be used to augment staff efforts as much as possible to support programs or workloads, which do not appear to be of a permanent nature. Information Technology Management Policies • Significant effort will be made to maintain efficient and cost-effective technology infrastructure by continuously upgrading network equipment and software to ensure, quality performance, productivity, and connectivity among staff, other agencies, and the public. Network security will continue to be a top priority to maintain the integrity of the Commission's network and information. • • • 62 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 9, 2011 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Financial Statements BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Quarterly Financial Statements for the period ended December 31, 2010. BACKGROUND INFORMATION: During the last six months of the fiscal year, staff monitored the revenues and expenditures of the Commission. The attached financial statements present the revenues and expenditures for the first six months of the fiscal year. Period closing accrual adjustments are not included for revenues earned but not billed and expenditures incurred for goods and services received but not yet invoiced, as such adjustments are normally made during the year-end closing activities. The operating statement shows the sales tax revenues for the second quarter at 33% 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 remits these funds to the Commission after the reporting period for the businesses. This creates a two -month lag in the receipt of revenues by the Commission. Accordingly, these financial statements reflect the revenues related to collections through October 2010. On a cash basis, the Measure A and Local Transportation Fund (LTF) sales tax revenues are 7.15% and 6.78% higher, respectively, than the same period last fiscal year. This continued increase is an encouraging sign that economic recovery in the region is broadening. Staff will continue to monitor the trends in the sales tax receipts and will report to the Commission any necessary adjustments to the FY 2010/11 budget for sales tax revenue. Agenda Item 8B 63 Federal, state, and local revenues are on a reimbursement basis, and the Commission will receive these revenues as the projects are completed and invoiced to the respective agencies. During the FY 2010/11 budget process, the Commission took a conservative approach in estimating the Transportation Uniform Mitigation Fee (TUMF) receipts as a result of the housing crisis and the significant impact this has had on the Inland Empire's local economy. The operating statement shows the TUMF revenues at 20% of the budget. The Commission took a conservative approach in estimating interest income for FY 2010/11, as a result of flat interest yields on invested balances. Interest income is at89% of budget as a result of this conservative approach. The expenditure categories are in line overall with the expectations of the budget with the following exceptions: • Professional services are under budget due to ongoing contract negotiations with Burlington Northern Santa Fe regarding the 4`h Main track, downscaled toll feasibility work on the Interstate 15 Corridor Improvement Project (CIP) lanes project due to market conditions, and unused additional budget authority for level 2 and level 3 toll feasibility work on the State Route 91 CIP. • Support costs are slightly under budget due to unused budget authority for station maintenance and repair and utilities. This category is expected to be in line with the overall budget in the third quarter. • Program operation expenditures are slightly under budget and reflect Vendor invoices for Freeway Service Patrol towing and program management submitted through the period of November 2010. • Operating and capital disbursements are made as claims are submitted to the Commission by the transit operators. • Special studies are under budget due to unexpended funds for Caltrans project initiation documents (PIDs) related to planning, programming, and monitoring. Due to the state's budget uncertainty, additional funds were budgeted in FY 2010/11, should the Commission be required to reimburse Caltrans for PIDs. • Local streets and roads expenditures are related to the timing of the Measure A sales tax revenues as previously explained. These financial statements reflect expenditures made to the local jurisdictions related to collections through October 2010. • Regional arterial expenditures are a program administered by the Coachella Valley Association of Governments (CVAG). CVAG requests reimbursements from the Commission based on available funds and sufficient budget authority. Agenda Item 8B • • 64 • • • Capital outlay expenditures are under budget due to unexpended authority for financial software improvements. Staff expects these improvements to be completed by the fourth quarter of FY 2010/11. In September 2010, the Commission issued $20 million in commercial paper notes. In December 2010, the Commission issued $150 million in sales tax revenue bonds to provide funding for the advancement of 2009 Measure A projects and retire $103,284,000 of the commercial paper notes. Debt service interest expenditures are made in December and June, while principal payments are made in June. The debt service expenditures as of the end of the second quarter include principal payments made to retire all of the outstanding commercial paper notes with the proceeds from the 2010 sales tax revenue bonds. The cost of issuance expenditures relate to the 2010 sales tax revenue bonds issued in December 2010. Staff will continue to monitor the revenues and expenditures and will notify the Commission of any unusual events. Listed below are the significant capital projectsand the status. Capital project expenditures are generally affected by lags in invoices submitted by contractors and consultants, as well as issues encountered during certain phases of the projects. The capital projects budgets tend to be based on aggressive project schedules. Highway Engineering / Construction /Right of Way /Land SR-91 Van Buren Boulevard Interchange — The city of Riverside is the lead agency for this project. Construction started in March 2010 and the project is progressing. Vendor invoices for the Measure A funded portion of construction for $5 million are expected to be received in the third quarter. 60/215 East Junction HOV Lanes Connector — Right of way certification was approved in the first quarter of FY 2010/11. The project was advertised for construction and the bids were opened in the first quarter FY 2010/11. Construction is currently forecasted to start in the third quarter FY 2010/11. SR-60 Valley Way Interchange — The county of Riverside is the lead agency for this project. The construction contract started in March 2010 and is essentially complete with the contractor clearing punch list items. Remaining invoices are expected to be received in the third quarter. 1-215 South Widening from Murrieta Hot Springs Road to Scott Road — Construction will begin in the third quarter FY 2010/11 as scheduled. Agenda Item 8B 65 1-215 Central Widening from Scott Road to Nuevo Road — A full notice to proceed (NTP) with final design was issued and the draft environmental document was approved in the second quarter FY 2010/11. SR-91 HOV Lanes Project — Caltrans is performing design and is on schedule. Expenditures remain within the budget authority, although billings from the state are lagging. Utility relocation contractors continue to perform relocation of utilities; however, no invoices for expenditures incurred to date have been submitted for payment. Staff is performing right of way acquisition, and negotiations continue to progress and are on schedule, while several acquisition payments are pending settlements. Construction is currently forecasted to start in the first quarter FY 2011 /12. Mid County Parkway — Right of way acquisitions have been curtailed as property development has subsided, and the critical need to acquire property for protection has been delayed due to the substantial rescoping of the project. SR-91 CIP (Design -Build) — A third limited NTP was issued in the first quarter FY 2010/11. Currently, a letter of intent is being prepared for a Transportation Infrastructure Finance and Innovation Act (TIFIA) loan to be submitted in March 2011. The Commission anticipates an invitation to apply for the loan in the first quarter FY 201 1 /12. Major right of way acquisition work cannot proceed until early acquisition authority is granted by Caltrans, which is expected by the end of FY 2010/11. 1-15 CIP — Work on the environmental phase continues. The toll feasibility, model was completed at the end of the second quarter FY 2010/11. Staff is currently analyzing the results of the toll feasibility model and developing a scoping and an implementation plan to present to the Western Riverside County Delivery Plan Ad Hoc Committee in the fourth quarter FY 2010/11. 71 /91 Interchange Project — The preliminary engineering and environmental phase is scheduled to be completed in late FY 2010/11. Availability of Caltrans resources for the SR-91 is being limited and the SR-91 CIP is a top priority. Completion is expected by the first quarter FY 2011 /12. Rail Engineering / Construction / Right of Way / Land Perris Valley Line — Advance preliminary engineering is approximately 90% complete, and right of way acquisition has not occurred due to environmental and appraisals taking longer than anticipated. Riverside Downtown Station Layover Facility Project — The consultant selection process was completed and contract award for engineering was approved by the Commission in September 2010, and a NTP was issued in the second quarter Agenda Item 8B • • 66 • • FY 2010/11. Delay in right of way access to perform geotech and environmental sampling caused preliminary engineering to start later than scheduled. La Sierra Station Parking Expansion Project - Final design activities were in progress and completion was expected in the second quarter FY 2010/1 1, followed by submitting the plan check to the city of Riverside. However, the project has been placed on hold due to availability of funding. Attachment: Quarterly Financial Statements - December 2010 Agenda Item 8B 67 RIVERSIDE COUNTY TRANPORTATION COMMISSION QUARTERLY BUDGET VS ACTUAL 2ND QUARTER FOR THREE MONTHS ENDED 12/31/2010 FY 2010/11 2ND QUARTER REMAINING PERCENT BUDGET ACTUAL BALANCE UTILIZATION Revenues Sales tax $ 190,054,519 $ 62,981,754 $ (127,072,765) 33% Federal reimbursements 28,870,700 3,208,317 (25,662,383) 11% State reimbursements 25,210,100 1,747,001 Local reimbursements (23(525,861) 2% 676,900 151,039 (525,861) 22/° Transportation Uniform Mitigation Fee 9,300,000 1,819,022 (7,480,978) 20% Other revenues 331,800 178,851 (152,949) 54% Interest 1,830,000 1,632,979 (197,021) 89% Total revenues 256,274,019 71,718,963 (184,555,056) 28% Expenditures Salaries and benefits 6,225,000 3,173,774 3,051,226 51% Professional and support Professional services 21,559,630 4,388,854 17,170,776 20% Support costs 4,710,730 1,870,430 2,840,300 40% Total Professional and support costs 26,270,360 6,259,284 20,011,076 24% Projects and operations Program operations - general 12,626,400 3,995,737 8,630,663 32% Engineering 62,538,319 8,171,079 54,367,240 13% Construction 51,340,630 3,745,867 47,594,763 7% Design Build 22,991,000 4,136,705 18,854,295 18% Right of way/land 149,287,800 21,423,853 127,863,947 14% Operating and capital disbursements 111,798,940 43,973,336 67,825,604 39°% Special studies 1,614,700 124,861 1,489,839 8°% Local streets and roads 33,668,400 10,946,642 22,721,758 33% Regional arterials 15,195,000 3,535,311 11,659,689 23°% Total projects and operations 461,061,189 100,053,391 361,007,798 22% Debt service Principal 92,300,000 103,284,000 (10,984,000) 112°% Interest 12,405,000 2,765,468 9,639,532 22% Cost of issuance 1,520,000 1,271,461 248,539 84% Total debt service 106,225,000 107,320,929 (1,095,929) 101% Capital outlay 335,270 103,906 231,364 31% Total Expenditures 600.116.819 216,911.284 383,205.535 36% Excess revenues over (under) expenditures (343,842,800) (145,192,321) 437,821,314 42°% Other financing sources/(uses) Operating transfer in 251,478,721 122,677,870 (128,800,851) 49% Operating transfer out (251,478,721) (122,677,870) 128,800,851 49°% Debt proceeds 185,000,000 170,000,000 (15,000,000) 92% Discount on debt proceeds - (967,467) (967,467) N/A Total financing sources/(uses) 185,000,000 169,032,533 15,967,467 91% Net change in fund balances (158,842,800) 23,840,212 453,788,781 _15% Fund balance July 1, 2010 500,458,200 551,567,928 51,109,728 110% Fund balance December 31, 2010 $ 341,615,400 $ 575,408,140 $ 504,898,509 168% 68 69 041.'BOP SLS $ 699'L8S'OS $ Z913119b4 $ BZB ZO9'6E $ ££I 9a 6L 8Z6'L9S'l SS 46Z11£4.'S6 - 8ZE'lLS'6Z 1921319'e8 Z1Z'048'EZ SLS'6144 Z89LL4'44 Bfi5'l£Zbl (941'04E'4) $ 199'SLVCE a fLZ'6£409 $ SL68b9b$ 9SS $ ZEI.1 LL S4Z$ 416'E49'9$ 4.19141'01$ 16911VEE 696'9L9'4L L69'6Z017 9Z6'6£ ZE9'1.41 09Z LCS'6L9'9 8£ti 19Z'El (0E0'9C1) (969'9E4141) 9LZ'6l9 (OLE'6E) (OOb'OEb'e L)(LS9'S£) (1.Ze'6LL'E) OLOZ'LE Jegma0 aoueleq pund 010Z'1 AN aoueleq pund seoueleq purl ul abuego leN EEG ZEO'691 L99"SCE 'L £e9'8b1 24 9E1'EtZ'S11 L98'408'Z (099'601'L) (sasn)/sewnos 6upueu9leloy (L94'L96) IL94'L96) speeowd map uo lunooslo 000'000'041 000'000'0SL 000'000'0Z - - speecwd logo (DLB'LLVZZL) - (000'49Z'E01) (1798'010'8) - 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BACKGROUND INFORMATION: Attached are the quarterly investment and cash flow reports as required by state law and Commission policy. The county of Riverside's Investment Report for the month ended December 31, 2010, is also attached for review. Attachments: 1) Quarterly Investment Report for the Quarter Ended December 31, 2010 2) County of Riverside Investment Report for the Month Ended December 31, 2010 Agenda Item 8C 70 Statement of Compliance Nature of Investments Bond Projects 9.'17^Fa Operating Funds 75.05ok. Oeht Reserve 4.50 �1-rust Funds 11. Portfolio Investment Type Mutual Funds LA 1 F "1 '1 _22 16 O_G6�3F. County Reel/Cesl, 8G_4g Oeunty Reeienvestmant 2.63 h All of the above investments and any investment decisions made for the quarter ended December 31, 2010 were in full compliance with the Commission's investment policy as adopted on May 12, 2010. The Commission has adequate cash flows for six months of operations. Signed by: Chief Financial Officer 71 • • • Riverside County Transportation Commission Investment Portfolio Report Period Ended: December 31, 2010 RATING MOODYS/FITCH COUPON PAR PURCHASE MATURITY YIELD TO PURCHASE MARKET UNREALIZED FAIR VALUE S&P RATE VALUE DATE DATE MATURITY COST VALUE GAIN (LOSS) OPERATING FUNDS City National Bank Deposits 854.960 A3/BBB+ N/A N/A County Treasurer's Pooled Investment Fund 403,294,140 Aaa/MR1/AAAN+1 N/A 0.69% Local Agency Investment Fund (LAIF) 3,583,290 Not Rated N/A N/A Agency/Treasury Securities: N/A N/A N/A N/A N/A N/A N/A N/A N/A Subtotal Operating Funds 407,732,390 FUNDS HELD IN TRUST County Treasurer's Pooled Investment Fund: Local Transportation Fund Subtotal Funds Held in Trust COMMISSION BOND PROJECT FUNDS/DEBT RESERVE US Bank Money Market Investment Agreements County of Riverside Pool investment First American Government Obligation Fund First American Treasury Obligations Fund - Held in Trust Subtotal Bond Project Funds/Debt Reserve TOTAL All Cash and Investments 60,318,100 Aaa-MR1/AAAN+1 N/A 60,318,100 Aaa/AAAm N/A Aaa-MR1/AAAN+1 N/A 11,143,095 Ada/AAAm N/A Aaa/AAAm N/A 11,143,095 $ 479,193,586 Investment Transactions for the quarter Ended December 31, 2010 Purchases: None Maturities: None Par Value aT Maturity Maturity Date Coupon Rate 0.69 0.69% N/A SUMMARIZED INVESTMENT TYPE Banks 854,960 County Pool 463,612,241 County Pool Investment LAIF 3,583,290 Mutual Funds: CNI Charter US Bank Money Market First American Government Obligation Fund 11,143,095 Sub - Total Mutual Funds 11,143,095 Federal Agency securities Certificates of Deposit U.S. Treasury securities Corporate Note/Commercial Paper Investment Agreements TOTAL $ 479,193,686 72 • et PRINCIPAL = easur fr Taal Collect _ oplChri te21sen _ lint rt4?surtr Tax -_u Consumer Coidldenoe 152.5 arAgl vs.57.4 survey) November . a.�11111.1V1.P September u Y. • "Out With the Old, in With the New! 2010 was another year most of us would like to forget as it marked the end of the "lost decade" in terms of investment and real estate losses. The Great Recession has touched all of our lives in one way or another; our hope is that the new decade will bring with It renewed optimism and prosperity, although the road to get mere will be like driving the winding Big Sur highway. Our new California Governor, Jerry Brown, is facing a projected state budget deficit of around $25 billion. Moreover, our state faces huge pension and unemployment insurance liabilities, among others. These issues will continue to drag on our slate economy and it is expected that spending cuts, rather than large tax increases, WA be the main tool used in dosing the budget gap as further tax hikes could be problematic for a continued recovery, let alone growth.. Tax revenues continue to be at risk and the abil- ity of the state to pay all of its bills timely is in question. Some economic numbers for December looked more promising with 103,000 jobs being added, dropping the unemploy- ment rate to 9.4%, the lowest level in almost two years. Most of these gains have been in the private sector and in small to medium sized businesses; these gains can be seen as indicators of an economy's health. Unemployment numbers could continue to improve as the much debated tax cut extensions by Congress in December 5,255,311,172.36 5,094,737,682.79 5,489,078,369.48 ° w 5 246,149,168.28 5,085,073,808.65 5,075,104.99 9,162,004.08 9,663,874.14 have given businesses additional certainty. How- ever, the pace of state and local job losses in Cantor- nia, and elsewhere, will likely intensify In 2011. Our state's unemployment rate is expelled to hold well above the U.S. average. Only time will tell how the unemployment picture will play out but one thing is for sure, there will be no lasting recovery without jobs. The Fed met on December 14°i and there was no change to the Fed Furls rate. The story will be the same for the foreseeable future as an ever diligent Fed remains engaged in CIE2. Happy New Year to all and best wishes for the next decadel Deo Kent Treasurer -Tax Collector itors The Fed maintained the target rate at a range of 0 to 25 bps. The 2 year T-Note was yielding 0.61% (up 16bps) while the 10 year T-Note was yielding 3.30% (up 49bps). For December, the Pool had a decrease of 5bps in the average monthly yield. 3 Mo US Treasury Bill 0.12 (0.05) 6 Mo US Treasury Bill 0.19 (0.02) 2YrUS Treasury Note 0.61 0.16 5YrUS Treasury Note 2.01 0.54 10YrUS Treasury Note 3.30 0,49 F® Fund Rate 0 - .25 0.00 91.36 7.27 Gold (Ounce) 1,257.64 (128.36) aid 11,577.50 571,50 S&P500 1,257.64 77.09 NASDAQ 2,652,87 164-64 Page: t ., x 1 I 01rd011 03.2011 05/2011 07 n 6I1 645,99 952.96 760.95 1,008.18 13,145,559 326,131,246 1 ,409.36 (793.43) 850.00 IO2.90 200.00 439.05) 1_00_. 995.64... 66%115 i Maturity Distribution 46% 40% 35% 30% 25% 20% 15% 10% 5% 0% 90 days or 30-90 Days 90 Days-1 1-2 Years 2-3years Over 3 Yeas Less Year 12 Month Gross Yield Trends) zoo i.eo 1.00 1.20 1.00 0.00 0.00 0.40 0.20 0.00 ,,,roni 1244-011 Jaw•10 Fe►10 Mar-10 Ar4-10 May.10 Jun. O Jul-10 Aucp10 5op-/0 CMd10 t4..w10 We.10 611.03 233.52 12,54 +1,41, telo, 1,054A5 106,75 793,99 907,t4 • s Treasurer's Institutional Money Market Index (TIMM!) is compiled and reported h-v the Riverside County Treas- urer's C7optlal Markets dimly,, 1t is a composite index derived from the average of three multi -billion dollar AAA rated Prime (funds that invest in a diversified portfo- lio of US. dollar denominated money market instruments including U.S. Treasuries, government agencies, bankers' acceptances, commercial paper, certificates of deposits, repurchase agreements, etc) portfolios that the Treasurer tracks. Further details available upon request. Current funds are ASTITGA, ff7UXX (12/09). andMPF.1:1, t The Pooled investment Fund cash flow requtrements are based upon a 11 month historical cash flaw model. 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Ca>Iod sr.!" 'apop luaLuulanop e!uaojlpro OLD Ue Lp 0ApOpjSaa aaOW S! AOfIOd MI.1.11SZAU1 sAunoD aqu •Xogod waurnsonuj j0 j.vaLl oms s,aaanseaad, aLp Lp!m 3:) vl v rlijuko) `nruf uu sem pund watiusanui mood s,aaanseali aqZ • • SLfd3A 9 30NVHOX3 d0 81118 SN011V91180 AON3OV 1tl001 SONOS AON3OV • Lf) co • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 9, 2011 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Sales Tax Analysis BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the sales tax analysis for Quarter 3 (Q3) 2010. BACKGROUND INFORMATION: At its December 2007 meeting, the Commission awarded an agreement to MuniServices, LLC (MuniServices) for quarterly sales tax reporting services plus additional fees contingent on additional sales tax revenue generatedfrom the transactions and use tax (sales tax) audit services. The services performed under this agreement pertain to only the Measure A sales tax revenues. Since the commencement of these services, MuniServices submitted an audit update, which reported findings that have been generated and submitted to the State Board of Equalization (SBOE) for review and determination of errors in sales tax reporting related to 138 businesses. Through Q3 2010 for July through September 2010, the SBOE approved corrections for 98 of these accounts for a total sales tax revenue recovery of $1,094,053. If the SBOE concurs with the error(s) for the remaining claims, the Commission would receive additional revenues; however, the magnitude of the value of the remaining findings was not available. It is important to note that while the recoveries of additional revenues will be tangible, it will not be sufficient to alter the overall trend of sales tax revenues. Additionally, MuniServices provided the Commission with the quarterly sales tax summary report for the third quarter of calendar 2010 for July through September 2010. Most of the Q3 2010 Measure A sales tax revenues was received by the Commission in the fourth quarter of calendar 2010, during October through December 2010, due to a lag in the sales tax calendar. The summary section of the Q3 2010 report is attached and includes an overview of California sales tax receipts, local results, historical cash collections analysis, summary of the top 25 Agenda Item 8D 86 sales tax contributors, historical sales tax amounts, sales tax by business category, economic trends for a significant business category, and results. The following observations were noted in the Q3 2010 report: • Sales tax receipts for Riverside County were 3.3% higher compared to the Q3 2009, and comparable to the state's experience. This supports the previous quarterly reports' analyses that an economic recovery statewide and locally is underway. • Taxable transactions for the top 25 tax contributors in Riverside County, which generated 24% of the taxable, sales for the year ended Q3 2010, increased 4% compared to the year ended Q3 2009. - For the top 100 tax contributors, which generated 38% of the taxable sales, the growth was 5.6%. • Over the last two-year period, the Q3 2010 sales tax levels continued to be at or near the low points for 5 of the top 10 economic segments compared to 7 of the top 10 in Q2 2010. Building materials wholesale was slightly above the low point in Q2 2010. Apparel store sales reached a new high point during Q3 2010. • Department stores, service stations, and restaurants continue to represent the three largest economic segments for Riverside County. Largest Segment % of Total / % Change 2nd Largest Segment % of Total / % Change 3rd Largest Segment % of Total / % Cha Department Stores 12.7/ 1.1 Service Stations 11.2 / 17.0 Restaurants 10.8/ 3.3 Restaurants 13.2/-1.0 Department Stores 11.5 / 1.9 Service Stations_ 9.5/ 14.8 ECONOMIC SEGMENTS ANALYSIS Restaurants 13.7/-0.2 Department Stores ...... .......... 10.4 / 3.0 Service Stations 8.2 / 16.3 Departrnent Stores /3.1 / 2.5 Restaurants 10.9/-2.6 Service Stations 9.5 / 14.6 Department Stores 16.1 /-0,4 Service Stations 10.7/ 14.7 Restaurants 10.3/-2.0 Restaurants 14.0/-0.8 Department Stores 11.0/ 2.1 Service Stations 9.5/ 14.0 Department Stores 12.4 / 1.7 Service Stations 11.3/ 16.0 Restaurants 11.0/-0.6 Department Stores 13.2/-0.6,_ Services Stations 122�/ 18.4 Restaurants 9.9/•3.4 Restaurants 19.7/-1.3 Misc. Retail 10.7/4.6 Department Stores �9.3 / 5.9�� • The general retail and transportation economic categories were the only categories with increases in the Q3 2010 benchmark year comparison to Q3 2009. Construction and business to business, which comprised almost 25% of the sales tax receipts, had smaller declines of 8.8% and 7.3%, respectively, compared with the prior Q2 2010 report declines of 16.3% and 11.5%, respectively. Agenda Item 8D • 87 • • General Retail 31.0/1.4 30.9/0.5 30.5/0.9 31.0/0.0 33.7/1.3 30.8/0.1 29.4/2.0 30.4/-0.3 33.6/-3.1 % of 7W / % Change Food Products % of Total/ % Change Construction % of Total / % Change Transportation % of Total / % Change Business to Business % of Total / % Change W Miscellaneous_ _ % of Total / % Change 17.3/-2.8 10.5 / -8.8 24.3/ 9.4 14.7/-7.3 19.4/-1.1 19.9/-0.1 8.7/-6.0 8.3/-4.3 22.3 / 7.0 19.4 / 10.3 17.4/-3.6 20.6/-2.8 2.2/-1.1 1.3/-8.2 1.3/-7.3 Total 100.0/-0.1 100.0/0.1 100.0/ 1.0 17.5/-1.6 10.4 /-9.0 24.4 / 3.4 15.3/-5.9 1.3/-6.4 100.0/-1.5 17.7/-1.0 10.8/-7.8 23.6/ 5.9 13.1 / -4.4 1.1 /-5.1 100.0/ 0.0 19.9/-1.3 8.0 / -5.2 22.7/ 6.3 17.4/-4.1 1.2 / -12.4 100.0/-0.1 17.5/-2.3 10.1 /-9.0 25.3 / 8.2 15.6 / -1.2 2.1 /-1.2 100.0 / 0.9 19.3/-0.8 12.3 / -11.9 26.8 / 7.2 29.8/0.3 9.3/-3.9 19.4 / 15.2 8.9/-0.2 6.4/-2.3 2.4/131.3 1.5/7.5 100.0/1.2 100.0/1.2 During the review of the Q3 2010 detailed report with MuniServices, information regarding sales tax comparisons by city and change by economic category from Q3 2009 to Q3 2010 was provided, and is attached. The city of Eastvale is not presented due to lack of data. Staff continues to monitor monthly sales tax receipts and other available economic data to determine the need for any additional adjustment to the revised revenue projections in FY 2010/11. Staff will utilize the forecast scenarios included with the complete report and recent trends in assessing such projections. Attachments: 1) Sales Tax Analysis for Q3 2010 2) Sales Tax Comparison by City for Q3 2010 to Q3 2009 Agenda Item 8D 88 Riverside County Transportation Commission Sales Tax Digest Summary Collections through December 2010 Sales through September 2010 (2010Q3) CALIFORNIA OVERVIEW For the third quarter in a row, California experienced overall sales tax growth. Continuing the emerging trend of a 'broader' recovery, Department Stores, Apparel Stores, New Auto Sales and Service Stations sales led the gain. On a cash basis, statewide sales tax receipts during October -December 2010 grew by 3.7% from the same three months in 2009. Northern California grew by 3.9% and Southern California grew by 3.6%. As for Riverside County Transportation Commission, its sales tax receipts changed by 3.3% from October -December 2009 to October -December 2010. CALIFORNIA'S FUTURE Promising Holiday sales indicate General Retail sales should grow moderately in FY2011. Expect General Retail to grow between 3.5% and 4.5%through FY 2015. While Service Station sales grew significantly this quarter compared to prior year, the industry's ongoing volatility will continue affect local sales tax fluctuations. Construction will continue its drop during FY2011 by`5.0 to 10.0% before growing by 2.5% per year through FY 2013 and eventually rebounding through FY 2015. Food Products, which includes Restaurants and Supermarkets, should grow with core CPI of 2.4% per year with price pressures upward of 3.5% into FY 2014 and FY 2015. Autosaleswill remain flat during the first half of FY 2011 until pent up demand causes buyers, who will be seeking lower -priced vehicles, to increase purchases during FY 2012 and 2013 by3.0%to 5.0%. County Pool receipts will follow the auto sales trends as third -party vehicle sales resume along with overall car sales volume. In order to establish an economic rebound, California still needs job growth both locally and regionally to increase spending as well as business travel. Housing prices must stabilize and begin growing in order to restore some levels of equity and wealth effect, which should bolster consumer confidence and spending once again. LOCAL RESULTS Net Cash Receipts Analysis Local Collections Share of County Pool 0.0% Share of State Pool 0.0% SBE Net Collections Less: Amount Due County 0.0% Less: Cost of Administration Net 3Q2010 Receipts Net 3Q2009 Receipts Actual Percentage Change $28,289,596 0 0 28,289,596 .00 (347,300) 27,942,296 27,050,242 3.3% Business Activity Performance Analysis www.MuniServices.com (800) 800-8181 89 Page 1 Riverside County Transportation Commission Local Collections $28,289,596 Less: Payments for Prior Periods (1,522,913) Preliminary 3Q2010 Collections Projected 3Q2010 Late Payments Projected 3Q2010 Final Results Actual 3Q2009 Results Projected Percentage Change HISTORICAL CASH COLLECTIONS ANALYSIS BY QUARTER 26,766,683 963,885 27,730,568 27,188,756 2.0% (in thousands of $) $40,000 $35,000 $30,000 , $20,000 111 Hil $15,000 $10,000' , I ' ' $5,000 ' ' $o 1 I $0 2Q2008 3Q2008 4Q2008 1Q2009 2Q2009 3Q2009 4Q2009 1Q2010. 2Q20103Q2010 L ma Net ReceiptsAdmin Fees Due $450 $400 $350 $300 $250 m $200 g $150 $100 $50 TOP 25 SALES/USE TAX CONTRIBUTORS The following list identifies Riverside County Transportation Commission's Top 25 Sales/Use Tax contributors. The list is in alphabetical order and represents sales [rpm October 2009 through September 2010. The Top 25 Sales/Use Tax contributors generate 24.0% of Riverside County Transportation Commission's total sales and use tax revenue. ALBERTSON'S FOOD CENTERS BEST BUY STORES: CHEVRON SERVICE STATIONS CIRCLE K FOOD STORES COSTCO WHOLESALE DEPT OF MOTOR VEHICLES HOME DEPOT 1 C PENNEY COMPANY K MART STORES KOHL'S DEPARTMENT STORES LOWE'S HOME IMPROVEMENT MACY'S DEPARTMENT STORE MOBIL SERVICE STATIONS RALPH'S GROCERY COMPANY RITE AID DRUG STORES ROSS STORES SAM'S CLUB SEARS ROEBUCK & COMPANY SHELL SERVICE STATIONS STATER BROS MARKETS TARGET STORES VERIZON WIRELESS W.W.GRAINGER WAL MART STORES WALGREEN'S DRUG STORES www.MuniServices.com (800) 800-8181 Page 2 90 $O $20,000 $40,000 Riverside County Transportation Commission HISTORICAL SALES TAX AMOUNTS The following chart shows the sales tax level from sales through September 2010, the highs, and the lows for each segment over the last two years. (in thousands of$) $18,000 $16,000 S14,000 $12,000 $10,000 $8,000 $6,000 $4,000 $2,000 $0 ■ 3Q2010 ♦ High • Low te6 oty 4. �y1 •: e s¢ ys -J �S�o `ter ��t4 • � ¢5' mot. 4� 5~ot ¢�ca a`b. t`��o t• t. *e. ��eS ¢oaS oa ����" Q�te S���s ��O ac o �` �62 S¢ Q'J�o yam¢ 4 ��a4o PQ �`a� ti,.4v �'� ANNUAL SALES TAX BY BUSINESS CATEGORY 3Q2010 2Q2030 1 Q2010 4Q2009 3Q2009 2Q2009 1 Q2009 4Q2008 3Q2008 2Q2008 (in thousands of $) r $60,000 $80,000 $100,000 S120,000 $140,000 $160,000 1 General Retail O Food Products fEll Transportation MI Construction Business To Business IN Miscellaneous www.MuniServices.com (800) 800-8181 Page 3 91 Riverside County Transportation Commission F1VE-YEAR ECONOMIC TREND: Auto Sales - New $6,000 $5,000 $4,000 $3,000 $2,000 $1,000 $O (in thousands of $) Irn„ „ „„„„,„,„ e O O d O d 0 N d N v Eva e N d e O_ d d O cc O_ d o N a N a 0 O p+: d O d N O N M. O_ O O 6 N O N a FINAL RESULTS: April -June 2010 Sales Local Net Cash Collections $29,481,404 Less: Pool Amounts ($-347,300) Less: Prior Quarter Payments ($2,076,921) Add: Late Payments $1,163,672 Local Net Economic Collections after Adjustments $28,915,454 Percent Change from April -June 2009 Sales UP BY 3.5% MUNISERVICES' ON -GOING AUDIT RESULTS This Quarter Total to Date $97,636 $696,382 www.MuniServices.com (800) 800-8181 Page 4 92 Southern California: Sales Tax Comparison from Aeptember 2009 Sales to Julv-September 2010 Sales Jurisdiction General rood ` Retail Products jjif.g.( I'yLI[E. �.rld... tet e.. xi E�e.�'�M1. es.. v .rc +S BB sn �+satYk�mM�w'c-¢•.f.. rRat,Tl41v�7TttdRi7Y :.r I Trans. +fta_>kY. Connt Business Misc. to Business 1 "..• s�R 3:5 z.vz Sa�....a. r rr._ .y.tzL..,GiM1i.^a.+k.XL,E$r N� Jul -Sep 2010 - Jul -Sep 2009 %Chg Largest Gafn'r - 2nd Largest Gain Largest Decline ,. 2nd Largest Decline Total Total Fs s,e :. i t _ .-..... W.6Y+i L14uc .i,:-... ... ... �� .. .. .4a5 .[2$.:Cw.t.✓v l'i _ w �.��._...L--.� ..�. .. c-:.... F s SHA'�. ,. +X.v.. 1.., . �• 't'i k11.1f 1 i:l �i G 1 : I{ al�':Fin -'� 4�` 1 1"4ii �'�. �il i iil k .144, � `=ht h•. i'Ie _ ,.yl a=3:`}%4 -,i` . S.I9R � •_ ,'aa'19.3fi[I &'� anti 7,S +i�hrore °.;,.r'?J rtsShtlrrdurtrM _" L � Ivro� II R ��, R,rS �" `. Nlg fi4ail Retail d. RIVERSIDE COUNTY Banning -3.2% 3.4% •2.4% -66.7% 6.5% -44.6% 365,048 406,817 -10.3%Auto Sales - New Restaurants BIdg.Mads-Whsle Service Stations Beaumont 0.6% -2.8% 24.3% -11.5% -6.0% -33.4% 685,744 671,009 2.2% Service Stations Department Stores Auto Parts/Repair tight Industry Blythe -9.7% -6.6% -2.4% -0.7% 16.0% -14.9% 313,076 324,366 -3.5% Energy Sales Light Industry Florist/Nursery Food Processing Eqp Calimesa 125.1% 7.7% -18.1% -100.0% 57.5% -40.3% 134,940 135,340 -0.3% Restaurants Drug Stores Misc. Vehicle Sales eldg.Matls-Retail Canyon Lake -1.2% -12.3% 331.5% 59.2% -70.4% 12.8% 32,654 26,204 24.6% Auto Parts/Repair BIdg.Matls-Whsle Light Industry Restaurants Cathedral City -3.7% -6.8% 8.0% -41.6% -4.9% 14.3% 1,328,907 1,326,702 0.2%Auto Sales - New Service Stations Bldg .Mads-Whsle Restaurants Coachella 10.5% 0,9°% 8,0°% -6.4% -0.3% -25.7% 606,561 582,880 4.1% Service Stations Food Processing Eqp - Chemical Products Food Markets Corona 8.2°% -1.8% -6.6% 7.4° -7.2% -18.1% 6,244,874 6,219,248 0.4%BIdg.Matls-Whsle Miscellaneous Retail Light Industry Auto Sales - New Desert Hot Springs -0.6% 1,6% -1.6% -17.4% 51.0% 3.5% 186,489 185,957 0.3% Auto Parts/Repair Department Stores Service Stations Miscellaneous Retall Hemet -2.016 -3,6% 7,1% -3.4% -5.9% -17.4% 1,798,590 1,790,614 0.4% Service Stations Auto Parts/Repair Restaurants Bldg.Matls-Retail Indian Wells 14.4% 2.9°% 49.8% 42.2% 59.9% -94.5°% 99,794 94,256 5.9% Restaurants Misc Vehicle Sales Miscellaneous Other Light Industry Indio 10.9% 0.7% 1,D% 0.2% -10.8% 20.8% 1,315,993 1,295,373 1.6% Service Stations Department Stores Heavy Industry Auto Sale New La Quinta 8.1% -11.3% 26.3% -6.9% -12.8% 34.2°% 1,240,910 1,213,505 2.3% Miscellaneous Retail Auto Sales • New Restaurants BIdg.Matls-Whsle Lake Elsinore 8.9% -5.3% 0.9% 7.5% 5.0% •22.4% 1,460,641 1,411,793 3.5% Department Stores Auto Sales -New Service Stations Restaurants Menifee 9.6% 4,0% 5.8% 3.9% -10.1% -36.1% 885,192 845,553 4.7% Service Stations Apparel Stores Light industry Energy Sales Moreno Valley 10.7% 2.8% -2.9% -2.9% -18.1% -6.7°% 2,564,723 2,522,923 1.7% Department Stores Apparel Stores Auto Sales - New Electronic Equipment Murrieta 4.3% -0.7% -5.7% -1.3% 4.5% 27.7% 2,202,520 2,191,933 0.5% Service Stations Department Stores Auto Sales -New BIdg.Matls-Retail Norco 8.1% 0.7% 5.0% -5.8% -12.1% 0.7% 890,465 867,556 2.6% Service 5tations Auto Parts/Repair Heavy Industry Bldg. Maus-Whsle Palm Desert 6.1% 7.0% 19.2% •13.7% -6.2% .25.9% 2,403,906 2,298,046 4.6% Department Stores Restaurants BIdg.MaiI -Whsle Bldg, Matls•Retail Palm Springs 0.8°% 7.6°% 5.5°% -0.5% -5.1% -4.3% 1,640,453 1,603,736 2.3%Restaurants BIdg.Matis-Whsle Heavy Industry Light Industry Perris -0,8% 0.9% 24.2% 7.6% -17.8% 42,8% 1,323,216 1,221,789 8.3% Service Stations Miscellaneous Other Light Industry Heavy Industry Rancho Mirage 1.4% 4,8% 32.0% 9.4% 30.1% -37.7% 704,118 643,673 9.4%Auto Sales -New Restaurants Heal th&Government Food Markets Riverside 3.9% 02% 6.1% -175% 14.3% -3.4% 9,160,425 8,884,956 3.1% Electronic Equipment Auto Sales - New Bldg .Matls-Whsle Heavy Industry Riverside County 7.9% -4,6% .4.0% -11.4%a -2.1% -24.1% 5,931,203 6,014,314 -1.4%Apparel Stores Service Stations Bldg .Matls-Whsle Auto Parts/Repair San Jacinto 0.9% 5.0'% 5.5% -12.9% -37.0% -11,4% 435,441 434,150 0.3% Restaurants Auto Parts/Repair Light hen by Heavy Industry Temecula .9.2% 1.0% 4.1% -9.9% 4.9% -19.3% 5,329,864 5,172,540 3.0% Department Stores Office Equipment Light Industry BIdg.Matls-Whsle Wlldomar -2.7% -2, 8'% -5.4% 11.8% -15.0% 9.5% 255,092 265,172 -3.8% Miscellaneous Retail Au[a Parts/Repair Service Stations Restaurants MuniServices, LLC 93 • • • RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: March 9, 2011 TO: Riverside County Transportation Commission FROM: Henry Nickel, Staff Analyst Sheldon Peterson, Rail Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Proposition 1 B Fiscal Year 2010/11 California Transit Security Grant Program - California Transit Assistance Fund and Supporting Resolution for the Commission's Commuter Rail Program STAFF RECOMMENDATION: This item is for the Commission to: 1) Adopt Resolution No. 11-003, "Resolution of the Riverside County Transportation Commission Approving the Allocation of FY 2010/11 Proposition 18-6161-0002 California Transit Security Grant Program - California Transit Assistance Funds (CTSGP-CTAF) Population Funds to the RCTC Commuter Rail Program"; and 2) Allocate the CTSGP-CTAF discretionary funds totaling $266,260 for the Commission's Commuter Rail Program. BACKGROUND INFORMATION: The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006, approved by the voters as Proposition 1 B in November 2006, includes a program of funding in the amount of $1 billion to be deposited in the Transit System Safety, Security, and Disaster Response Account (TSSSDRA). Sixty percent of those funds are being made available for eligible transit system safety and security projects under the CTSGP-CTAF. The CTSGP-CTAF is administered by the Governor's Office of Homeland Security (OHS). Of these funds, fifty percent shall be allocated by the State Controller to eligible transit agencies using the formula in Section 99314 of the Public Utilities Code (operator allocation), and fifty percent shall be allocated by the State Controller to regional transportation agencies such as the Commission using the formula in Section 99313 of the Public Utilities Code (population allocation), subject to the provisions governing funds allocated under those sections. Agenda Item 8E 94 For the current fiscal year, the Commission expects to receive $1,553,822 in total population funds per Section 99313. The Commission is responsible for calculating eligible amounts for each project sponsor under its authority. The transit agencies within Riverside County will receive the CTSGP-CTAF non -discretionary operator funds totaling $231,221, as identified in Attachment 2, directly from the State Controller per Section 99314. These funds are designated to be used for transit capital projects that provide increased protection against a security or safety threat including, but not limited to, the following: • Construction or renovation projects that enhance security of public transit stations or other transit facilities; • Explosive device mitigation and remediation equipment; • Chemical, biological, radiological, and nuclear explosives search, rescue or response equipment; • Interoperable communications equipment; • Physical security enhancement equipment; • Installation of fencing, barriers, etc. to improve security at transit stations or other transit facilities; • Capital expenditures to increase the capacity of transit operators to, develop disaster response transportation systems that can move people, equipment, etc. in the aftermath of a disaster; or • Other security related projects approved by the OHS. Funds will be allocated directly to the project sponsors upon Commission approval. Project sponsors have three years to complete all eligible projects. The OHS is requiring a resolution from the Commission regarding the allocation of population funds for Western Riverside County rail per __Section 99313. This resolution is needed in order to successfully complete the grant submittal process for the Commission's Rail Program. Attachment 1 is Resolution No. 11-003 to approve and authorize the Commission as the rail project sponsor, to apply for the CTSGP-CTAF population funds through the OHS. Subsequent resolutions for the bus transit operators will be submitted following approval by their Boards or city councils. Financial Impact Since the funds are directly allocated to the project sponsor, the only Commission financial impact is for the allocation of funds to the Commuter Rail Program in Riverside County, estimated at $350,280, which is comprised of $266,260 of population funds per Section 99313 and $84,020 of operator funds per Section 99314. These funds will be included in the Commission's FY 2011 /12 Budget. Agenda Item 8E • 95 • • Financial Information In Fiscal Year Budget: N/A Year: FY 2011/12 Amount: $350,280 Source of Funds: Prop 1 B CTSGP-CTAF Funds Budget Adjustment: N/A GL/Project Accounting No.: 004012 415 41507 265 33 41 502 Fiscal Procedures Approved: \ a,j Date: 02/16/11 Attachments: 1) Resolution No. 11-003 2) Recommended Prop 16-Security Fund Distribution by Operator Agenda Item 8E 96 ATTACHMENT 1 RESOLUTION NO. 11-003 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION APPROVING THE ALLOCATION OF FY 2010-11 PROPOSITION 1 B-6161-0002 CALIFORNIA TRANSIT SECURITY GRANT PROGRAM- CALIFORNIA TRANSIT ASSISTANCE FUNDS — POPULATION FUNDS TO THE RCTC COMMUTER RAIL PROGRAM WHEREAS, the Riverside County Transportation Commission (RCTC) is the designated regional transportation planning agency for Riverside County, and is therefore, eligible to receive and allocate funds under Government Code 8879.58(a)(2) based upon population; and WHEREAS, RCTC has been identified as the recipient of Proposition 1 B CTSGP-CTAF Population Funds in the amount of $1,553,822; and WHEREAS, RCTC approves the allocation of the Population Funds to eight local transit agencies for the purpose of enhancing safety and security on public transit systems throughout Riverside County; NOW, THEREFORE IT BE RESOLVED, that the Riverside County Transportation Commission hereby finds that: RCTC approves the allocation of $266,260 in Proposition 1 B CTSGP-CTAF Population Funds to the RCTC Commuter Rail Program. APPROVED AND ADOPTED this 9`h day of March 2011. __ Gregory S. Pettis, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 97 ATTACHMENT 2 FY 2010/11 California Transit Security Program (Prop 1B) Funding Allocation Governor's Office of Homeland Security Issued: January, 2011 Western Riverside' Coachella Palo Verde Bus Rail Valley Valley Total 944,013 City of Banning City of Beaumont City of Corona City of Riverside Riverside Transit Agency 17,653 17,653 36,250 45,218 827,239 • 74,455 City of Banning City of Beaumont City of Corona City of Riverside Riverside Transit Agency 1,182 717 2,577 2,327 67,652 $1,018,468 266,260 84,020 $350,280 323,119 71,808 $394,927 Population Source: Califomia Department of Finance, Demographic Research Unit (1l1/09) Area Western Coachella Valley Palo Verde Valley Total Population 1,641,652 77.89% 438,289 20.80% 27,712 1.31% 2,107,653 100.00% For Western Riverside: Bus Services (78%), Rail Services (22%) • 20,430 938 $21,368 1,553,822 231,221 $1,785,043 98 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 9, 2011 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Jillian Edmiston, Staff Analyst Brian Cunanan, Commuter Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: City of Beaumont's Bicycle Transportation Plan BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve the city of Beaumont's adopted Bicycle Transportation Plan as submitted. BACKGROUND INFORMATION The city of Beaumont's (Beaumont) adopted Bicycle Transportation Plan (BTP) has been submitted to the Commission for certification that it complies with the requirements of the state's Bicycle Transportation Account (BTA) program as required by state law. The state's BTA program may fund a maximum of 90% of the cost of eligible projects and each jurisdiction is eligible to receive up to 25% of the funds available for any given year. Beaumont City Council approved the BTP in November 2007. The BTP was subsequently amended in October 2010. Accordingly, the Commission must affirm that the BTP meets the requirements of the state's BTA program in order to be eligible to apply for BTA grant funding. Commission staff has reviewed Beaumont's adopted BTP and finds that it satisfies the requirements of the state's BTA program as specified by state law. There is no financial impact to the Commission, as the state's BTA funding is directed through the state to the city. Attachment: Beaumont's Adopted BTP Map Agenda Item 8F 99 ~pa / �w�/4i1 rr WU' wv w •M imp s'luvgnsuod ogo7 term ON IISIX3 11VLIl 0NINIH O3SOdO8d 11Y211 O AN w." - ONIISIX3 I SSV10 O3SOdO2dd I SSd10 •- - -- -- - ONIISIXS III SSV10 •-•-•-•-• 03SOdO21d III SSV10 DNI1SIX3 II SSW* OSSOdO21d it SSV10 - - - -- - ASVON1108 A110 — - - — 1V021310\1141O0 S)I8Vd 0118nd SIOOHOS • • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: March 9, 2011 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Jillian Edmiston, Staff Analyst Brian Cunanan, Commuter Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: City of Moreno Valley's Amended Bicycle Transportation Plan BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION_ This item is for the Commission to approve the city of Moreno Valley's amended Bicycle Transportation Plan as submitted. BACKGROUND INFORMATION: The city of Moreno Valley's (Moreno Valley) amended Bicycle Transportation Plan (BTP) has been submitted to the Commission for certification that it complies with the requirements of the state's Bicycle Transportation Account (BTA) program as required by state law. The state's BTA program may fund a maximum of 90% of the cost of eligible projects and each jurisdiction is eligible to receive up to 25% of the funds available for any given year. Moreno Valley amended its BTP in January 2011. Accordingly, the Commission must reaffirm that the amended plan meets the requirements of the state's BTA program. Moreno Valley has modified the BTP in order to utilize remaining grant monies from the state's BTA. Commission staff has reviewed Moreno Valley's amended BTP and finds that it satisfies the requirements of the state's BTA program as specified by state law. There is no financial impact to the Commission, as the state's BTA funding is directed through the state to the city. Attachment: Moreno Valley's Amended BTP Map Agenda Item 8G 101 s w®eutr 'YNEMPap xeYleeY WNel eo g344W's499,03.0gq0191K! VMMW 111,KAVA...M1.4 V+4satrAI 1 'blrtn0W qm roxassgu•Ne olniMNaM. •-• NwAxaeNt PNemdn0 AYMRaA1P NON7+1:104.0•mmIng cop wM wykosaOele.l sea uewP'MAON IVl MMUS NOWII:104Ni OIN d016039 pm•ee0nslpp ose0ma'.4whq WoSaYaEsurnofeuo1SS'Js9i 90,4201011i paid a,AS 010i *Atsiog:We4 TO 0 IVO 99 t4•A J WG'S 0 COSY coal Y N tamocpagem aaa Ltmew Spe0)3 III S6,49 1 •1 1 II satire I aSep -•uo;;eog!sseio deMave lt;i3iS veld AvArt o118 pasodom Aarl VA ON13HOW • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 9, 2011 TO: Riverside County Transportation Commission FROM: Tanya Love, Goods Movement Manager Shirley Medina, Programming and Planning Manager Sheldon Peterson, Rail Manager Edda Rosso, Capital Projects Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Perris Valley Line Update and Memorandum of Understanding with the City of Riverside STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive an oral report on the status of the Perris Valley .Line (PVL) project; 2) Receive and file the Commission's response on issues raised by Mr. Barney Barnett at the January 2011 Commission meeting; 3) Approve Memorandum of Understanding- (MOU) No. 11-33-065-00 with the city of Riverside (Riverside) regarding the PVL project and implementation of quiet zones; 4) Authorize the Chair, pursuant to legal counsel review, to execute the MOU on behalf of the Commission; 5) Deprogram $7 million in federal Congestion Mitigation Air Quality (CMAQ) funds from the 3`d Street grade separation project and program $7 million in federal Surface Transportation Program (STP) to The Burlington Northern Santa Fe (BNSF)/Union Pacific Railroad (UPRR) Quiet Zones project in Riverside; 6) Reprogram balance of unexpended 1989 Measure A Highway and Rail funds from the State Route 91 /La Sierra Avenue and SR-91 /Van Buren Boulevard interchanges, estimated by Riverside at $7.7 million, to the BNSF/UPRR Quiet Zone projects in Riverside; 7) Approve the deletion of the 3'd Street grade separation project from the Trade Corridor Improvement Fund (TCIF) program of projects; 8) Defer reprogramming of $17.5 million of state TCIF funds resulting from 3`d Street grade separation deletion to ensure sufficient funding availability for balance of the program; 9) Process an amendment to the Federal Transportation Improvement Program to add BNSF/UPRR Quiet Zones project and reflect above funding changes; 103 Agenda Item 9 10) Approve Agreement No. 07-31-1 18-01, Amendment No. 1 to Agreement No. 07-31-118-00, for the SR-91/La Sierra Avenue interchange project, and Agreement No. 09-31-077-01, Amendment No. 1 to Agreement No. 09-31-077-00 for the SR-91 Nan Buren Boulevard interchange project to reflect above funding changes; and 1 1) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. BACKGROUND INFORMATION: The PVL Metrolink extension continues to be one of the Commission's top priorities. The PVL project was included in both Measure A expenditure plans and has received significant approvals and funding from Congress and the Federal Transit Administration (FTA). Most importantly, the project offers a welcome opportunity for renewed transportation investment that establishes a strong transit backbone for Western Riverside County while offering an alternative to Interstate 215. This $235 million project will provide a 24-mile extension of Metrolink service from Riverside to Perris. The project will provide four stations on opening day to provide enhanced commuter rail access for more of Riverside County. The station locations are Hunter Park, Moreno Valley/March Field, Perris, and South Perris and will serve businesses and residents. It is projected that 4,350 riders per day will utilize this service. Status of The Perris Valley Line Project The project is in the final stages of project development. Advanced preliminary design and preparation of final environmental documents are in progress. The California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents were released for public review and comment in April 2010 and December 2010 respectively. The public comment periods have closed and the project team is currently analyzing the public comments and preparing responses for inclusion in the final documents. It is expected that the documents will be completed late summer 2011, and brought to the Commission for final approval in fall 2011. These current schedules are delayed from original projections; however, it is critical that the documents appropriately and adequately address public comments. 104 • • Agenda Item 9 • • • Response to Mr. Barney Barnett's Comments At its January 2011 Commission meeting, Mr. Barney Barnett provided comments related to the PVL project and specifically regarding his desire for a station to be located in Highgrove. Commissioner Marion Ashley requested a response to Mr. Barnett's comments be provided at a future meeting. Mr. Barnett's Issue No. 1: The Commission is proposing to construct the Hunter Park station on a piece of property that was recently developed with a commercial building. Staff Response: The environmental document evaluates three locations as potential sites for the Hunter Park station. Each location is evaluated thoroughly, and a final location will be selected upon approval of the environmental documents. The Commission's decision will be based on objective criteria from environmental and technical perspectives. Mr. Barnett is correct in stating that one of the locations included in the document is currently developed. This development occurred after the Commission began the evaluation. Mr. Barnett did not mention in his public comments that there are two other locations being considered: State and federal environmental protocol does not allow the Commission to drop that location as an alternative at this stage of the process. The other two locations are currently vacant. The Commission will make the station location decision upon completion of the environmental document later this year. Mr. Barnett's Issue No. 2: Former Commission Executive Director Eric Haley and former Commission Chair Robin Lowe inappropriately stopped Southern California Association of Government's (SCAG) assessment of the construction of a Highgrove station as part of PVL. Staff Response: The actions of Mr. Haley and Ms. Lowe were in the interests of the Commission and completely appropriate. At Mr. Barnett's request, a SCAG member from another county requested SCAG's engagement in the determination of feasibility for a Highgrove station. These requests were inconsistent with SCAG policy and statutory authority. SCAG does not engage in project development activities or studies unless so requested by the county in which the project resides. In addition, it would have been inappropriate for any entity to engage in a feasibility study related to a project that was actively in the CEQA and NEPA environmental processes. Mr. Haley and Ms. Lowe were supported by SCAG management and elected officials. Mr. Barnett has frequently commented on this issue in public and in his newsletter, and his comments have become personal and accusatory regarding this issue that resulted in the Commission's request to ask Mr. Barnett to refrain from personal attacks. 105 Agenda Item 9 Subsequent Follow Up: On February 7, 2011, Executive Director Anne Mayer met with Mr. Barnett at his request. He presented a compromise proposal that would delete the Hunter Park station from the PVL project. In lieu of that station, one would be built at Highgrove to serve as a stop for Riverside/San Bernardino existing trains. It was explained to Mr. Barnett that the PVL project is intended to provide expanded service, and the Hunter Park station is essential to the project and important to the community. It was also explained that the federal Small Starts funds are for the PVL project and can only be used for that purpose. In addition, Mr. Barnett was reminded of the technical and cost restrictions related to a station on the Highgrove site. The Commission has spent nearly nine years and at least $200,000 addressing the feasibility of a Highgrove station. Through repeated independent study, complete management and project team turnover, and personal engagement of several Commissioners, the answer remains the same. The Highgrove location between Villa and Citrus Streets is not a feasible location for a Metrolink'station now or in the future. Its geographic, topographic, access, and community impacts are prohibitive from both a technical and cost perspective. It is for these reasons it is not considered as a potential location in the environmental document. A copy of the Commission's most recent letter to Mr. Barnett addressing his issues is attached. Memorandum of Understanding with the City of Riverside A priority for Riverside has been the mitigation of rail related impacts on its community and residents. The Commission and Riverside have a long history of collaborative efforts to implement mitigation strategies such as construction of grade separations at key locations throughout the city. Another key initiative is the development and implementation of quiet zones to reduce the noise impacts related to horns blown at grade crossings. The attached MOU between Riverside and the Commission establishes the foundation for quiet zone infrastructure along the PVL and a funding plan for a quiet zone along the BNSF corridor between Buchanan and Cridge Streets and on the UPRR at Panorama Road. PVL Quiet Zone Under the terms of the MOU, the Commission, in connection with the PVL project, will construct the necessary quiet zone infrastructure at Marlborough Avenue, Spruce Street, Blaine Street, and Mt. Vernon Avenue. The infrastructure includes raised medians, sidewalk improvements, and railroad warning devices necessary for the California Public Utilities Commission (CPUC) to approve a quiet zone. 106 • • • Agenda Item 9 • • As identified in the MOU, Riverside will be responsible for filing the necessary applications and approvals to implement the quiet zone. The MOU specifies that Riverside will support the PVL project and will submit a letter of support within 15 days of the effective date of the MOU. Lastly, as a result of the MOU, Riverside will not encourage or sponsor any third parties to oppose the project. Funding the BNSF/UPRR Corridor Quiet Zone The MOU identifies the use of $7.7 million, as estimated by Riverside, in unexpended 1989 Measure A Highway and Rail funds originally allocated to improve the SR-91 /La Sierra Avenue and SR-91 /Van Buren Boulevard interchange projects, as well as $7 million in federal funds allocated to the 3rd Street grade separation project. Staff concurs with this funding plan and recommends approval to trade $7 million in federal CMAQ funds with $7 million in federal STP funds and reprogram $7.7 million in 1989 Measure A Highway and Rail funds to Riverside for its BNSF/UPRR Quiet .Zone project, subject to the closeout of the SR-91 /La Sierra Avenue and SR-91 /Van Buren Boulevard interchange projects. Deletion of Third Street Grade Separation Project From TClF List In April 2008, the California Transportation Commission (CTC) approved funding totaling $3 billion for 79 goods movement related projects located throughout California; of that amount, $167.2 million in funding was approved for Riverside County projects including $17.5 million to build a grade separation at 3rd Street in Riverside. At that time, the estimated cost for the 3'd Street grade separation project was estimated to be $40.2 million. In addition to the TCIF funds, $7 million was allocated in CMAQ funds leaving a project funding shortfall of $15.7 million. The 3' Street grade separation project is becoming increasingly costly due to the railroads' need to maintain track capacity during construction, impacts on adjacent properties, and proximity to the Riverside Canal and SR-91. In addition to the project complexities, it is unlikely that the $15.7 million funding shortfall can be secured given the current economy and the TCIF requirement that all projects must start construction by December 2013. Given the proximity to the University Avenue and 14t Street underpasses, which provide unimpeded circulation in the area, Riverside's Public Works Department believes that Riverside should concentrate on completing other priority grade separation projects and redirect financial and personnel resources allocated to 3rd Street to the BNSF/UPRR Quiet Zones project. 107 Agenda Item 9 At its February 15, 2011 City Council meeting, Riverside took action to request reallocation of the $7 million in federal funds to the BNSF/UPRR Quiet Zones project. Additionally, City Council approval was given to deobligate the $17.5 million in TCIF funds from the 3'd Street project and, once deobligated, be made available for other qualifying projects in Riverside County pending approval of the Commission, the CTC, and the Southern California Consensus Group. Because the TCIF program is oversubscribed, staff recommends that the decision to reprogram the $17.5 million in funding be deferred to ensure that the remaining Riverside County projects are fully funded. Financial Information In Fiscal Year Budget: N/A Year: FY 2011/12+ Amount: $7,700,000 (estimated) Source of Funds: 1989 Measure A Highway and Rail Budget Adjustment: N/A GL/Project Accounting No.: 223999 97001 222 31 97001 $7,700,000 (Highway transfer out) " 003832 59001 221 33 59001 $7,700,000 (Rail transfer in) 003832 81301 221 33 81301 $7,700,000 (Rail Construction) Fiscal Procedures Approved: \I-b44440 jim, Date: 03/01 /11 Attachments: 1) City of Riverside Agenda Item and MOU 2) Response to Barney Barnett from Anne Mayer Dated September 1, 2010 3) Barney Barnett's Alternate Proposal Dated February 7, 2011 108 • Agenda Item 9 ATTACHMENT 1 City Council Memorandum TO: HONORABLE MAYOR AND CITY COUNCIL DATE: February 15, 2011 ITEM NO: 11 WARDS: 1, 2,. 3, 4, 5 and 6 SUBJECT: SEIZING OUR DESTINY MEMORANDUM OF UNDERSTANDING WITH RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR CONSTRUCTION OF PERRIS VALLEY LINE PROJECT AND FUNDING FOR PROPOSED QUIET ZONE ALONG BNSF RAIL CORRIDOR BETWEEN BUCHANAN STREET AND CRIDGE STREET AND AT UPRR/PANORAMA ROAD CROSSING -INITIATE CLOSURE OF JANE STREET AT BNSF RAIL CROSSING FROM PUBLIC WORKS DEPARTMENT ISSUES: The issues for City Council consideration are approval of a Memorandum of Understanding (MOU) with the Riverside County Transportation Commission (RCTC) regarding construction of the Perris Valley Line (PVL) including the appropriate Quiet Zone infrastructure, the re -allocation of approximately $7.7 million of 1988 Measure A funds allocated to the City by RCTC for the La Sierra Avenue and the Van Buren Boulevard Interchange project to the Burlington Northern Santa Fe (BNSF) Quiet Zone and the reallocation of $7.0 million in Federal funds earmarked for the Third Street grade separation to the BNSF Quiet Zone: Although not included in the MOU, City Council approval is also sought to initiate the closure of Jane Street at the BNSF as the first phase of the BNSF Quiet Zone. RECOMMENDATIONS: That the City Council: 1. Approve the attached MOU with RCTC; and 2. Direct initiation of the closure of Jane Street at the BNSF rail crossing. BACKGROUND: A City Council priority is to mitigate the impacts of train horns by establishing a Quiet Zone along the BNSF rail corridor between Buchanan and Cridge Streets and on the Union Pacific Railroad (UPRR) at Panorama Road`. The proposed expansion of Metrolink along the PVL by RCTC would only increase the impacts of train horns in the north east portion of the City and intensify the need to address the impacts of train horns. The attached MOU with RCTC establishes the foundation for a Quiet Zone along the PVL line and a funding plan for a Quiet Zone along the BNSF corridor between Buchanan and Cridge Streets and on the UPRR at Panorama Road. Quiet Zone • Page 2 PVL Quiet Zone Under the terms of the MOU, RCTC, in connection with the PVL project, will construct at RCTC expense; the necessary Quiet Zone infrastructure at Marlborough Avenue, Spruce Street, Blaine Street and Mt. Vernon Avenue. The infrastructure includes raised medians, sidewalk improvements and railroad warning devises necessary for the Public Utilities Commission (PUC) to approve a Quiet Zone. The City will be responsible to file the necessary applications and obtain the approvals necessary to implement the Quiet Zone. RCTC will also be responsible to construct all of the mitigation measure identified in the environmental studies. The MOU further specifies that the City, in consideration of the terms, support the PVL project and send a letter of support within 15 days of the effective date of the MOU. The City will not encourage or sponsor any third parties to oppose the project. BNSF Corridor Quiet Zone This proposed funding plan in the MOU includes two components, unused Measure A funds allocated to the City for interchange improvements and funding for the Third Street grade separation project. The funding plan will generate approximately $14.7 million. Measure A Funds The 1988 Measure Strategic Plan allocated approximately $37 million of Highway and Commuter Rail funds to the City of Riverside for local interchange improvements at La Sierra Avenue/SR 91, Van Buren Boulevard/SR 91 and Adams Street/SR 91. In 2005, due to the escalating cost of the interchange projects, RCTC and the City agreed to direct the Measure A funds to the La 'Sierra Avenue/SR 91 and Van Buren Boulevard/SR 91 projects to ensure their completion. At that time, the City agreed to seek alternate funding for the Adams Street/SR 91 interchange. The La Sierra Avenue/SR 91 interchange is complete and the Van Buren Boulevard/SR 91 interchange is under construction. Due to lower than anticipatedcosts and funding from the Transportation Uniform Mitigation Fee (TUMF) Program, the City may have up to $7.7million of the Measure A Highway and Commuter Rail funds available upon completion of the projects. RCTC has agreed to relocate the unused funds to the BNSF Quiet Zone. Third Street Grade Separation In August 2005, the City Council adopted six priority grade separations and began preliminary engineering to improve project readiness and increase the City's likelihood to receive grant funding. In 2007, the State allocated $80.5 million in Proposition 1 B funding under the Trade Corridor Improvement Fund (TCIF) for the City's six grade separation projects. RCTC also adopted an "off the top" allocation of 25% of the Congestion Mitigation and Air Quality (CMAQ) funds and 25% of the Federal Surface Transportation Program (STP) funds to the County's priority grade separations. The RCTC funding plan also required local agencies to earmark 10% of their local Measure A funds for the grade separation projects. The City's projects and their current status are: 1 Project Columbia/BNSR Status Complete 2 Magnolia/UPRR Under construction 3 lowa/BNSF Right -of way acquisition 4 Streeter/UP Right-of-way acquisition 5 Riverside/UP Right-of-way acquisition 6 Third Street Environmental review 11-2 110 (»net Zone • Page The grade separation funding program earmarked $17.5 million in TCIF and $7 million in CMAQ allocations for Third Street grade separation project. At the time, the estimated cost of the Third Street grade separation project was anticipated to be $40.2 million. The funding plan for Third Street was underfunded by approximately $15.7 million which included $7.5 million in voluntary container fees. The Third Street grade separation project is becoming increasingly costly due to the railroads need to maintain track capacity during construction, impacts on adjacent properties and proximity to the Riverside Canal and SR 91. Additionally, given the current economy, the likelihood of securing the $15.7 million in unsecured funds to complete construction and meet the TC IF deadline of December 2013 is unlikely. Given the proximity to the University Avenue and 14th Street underpasses, which provide unimpeded circulation in the area. The Public Works Department recommends that the City concentrate on completing the other priority grade separation projects and redirect financial and personnel resources allocated to the Third Street grade separation project to the BNSF Quiet Zone. Under this funding proposal, RCTC will re -allocate $7 million in federal funds for the Third Street grade separation project to the BNSF Quiet Zone and the $17.5 million in TCIF funds would become available for another qualifying project in Riverside County pending approval of RCTC and the Southern California consensus group. Implementation and Future Expansion Construction of the PVL Quiet Zone improvements will be completed as part of the PVL project. This is currently anticipated to be completed in 2012. The City will file the Notice of Intent (NOI) with the PUC as soon as RCTC receives environmental clearance for the PVL. The Public Works Department proposes to implement the BNSF Quiet Zone in three phases. Phase I is closure of the Jane Street crossing which will begin immediately. Phase II is construction of roadway improvements consisting of raised medians, replacement of the crossing planks and sidewalk improvements and will begin in mid-2011. Phase III is the installation of the upgraded railroad signals which will begin in 2012. The phasing provides sufficient time for the BNSF to design the rail signaling changes and procure necessary material while allowing the City have near term improvements at the rail crossings. Ultimately, it is anticipated that the BNSF Quiet Zone will be extended northerly to Mission Inn Avenue and Third Street. The City Council first approved the closure of Jane Street in 2005 and subsequently, Caltrans separately proposed the closure of Jane Street as part of the SR 91-HOV lane project between Adams Street and the 60/91/215 Interchange. The City's proposed closure was based on the fact that low traffic volumes on Jane Street did not justify a grade separation. The Caltrans proposal was driven by the proposed new on -ramp on Indiana at Jane and the City's desire to retain Jane Street as a residential street and not a commute corridor to the SR 91. The HOV project, including Jane Street closure, was presented to the Transportation Committee on December 9, 2004, April 13, 2006, and July 10, 2008. The City Council subsequently received updates on September 9, 2004, May 16, 2006 and September 9, 2008. Caltrans completed the necessary traffic studies and environmental review in 2007, including a community meeting on August 15, 2007 specifically to discuss the Jane Street closure with the neighborhood. Notices were mailed to all residents within a 1,000-foot of crossing and a notice was placed in the Press Enterprise newspaper. Approximately 20 people attended the workshop that evening. Overall, the neighborhood supported the closure to eliminate cut-thru traffic and reduce 11-3 111 Qinet Zone • Page J train horn noise. Prior to any closure of Jane Street, the Public Works Department would notify the neighborhood and the motoring public. This project meets with Seizing Our Destiny as it helps to help the City's already outstanding quality of life. FISCAL IMPACT: There is no construction cost associated with the PVL Quiet Zone improvements which will be constructed by ROTC. Sufficient funds are available in the Public Works Department budget to establish the Quiet Zone after RCTC receives environmental approval, The City may be responsible for the increased maintenance costs incurred for the necessary railroad warning devices to accommodate the Quiet Zone. These costs are expected to be minor and similar to the cost to maintain a traffic signal The estimated cost of the BNSF corridor Quiet Zone is estimated to be between $14 and $17 million. The proposed funding plan will generate approximately $14.7 million for the quiet zone. In addition, the City has previously allocated $1.2 million in Redevelopment Agency funds bringing the total funds available to $15.9 million. It is anticipated that any funding gap at the time of construction will be covered by lower than estimated costs, securing addition outside funds, or the use of City resources. The City may be responsible for the increased maintenance costs incurred for the upgraded railroad warning devices to accommodate the quiet zone. The Public Works. Department will return to the City Council with the appropriate agreements with the BNSF and the estimated maintenance costs. Prepared by: Certified as to availability of funds: Approved by.: Approved as to form: Siobhan Foster, Public Works Director Paul C. Sundeen, Assistant City Manager/CFO/Treasurer Belinda J. Graham, Assistant City Manager for Bradley J. Hudson, City Manager Gregory P. Pnamos, City Attorney Attachments: 1. Memorandum of Understanding 2. Map of Quiet Zone • Agreement No. 11-33-065-00 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND THE CITY OF RIVERSIDE This Memorandum of Understanding ("MOU") is entered into this day of 2011 ("Effective Date"), by and between the Riverside County Transportation Commission, a County Transportation Commission ("RCTC") and the City of Riverside, a California charter city and municipal corporation ("City"), as of the date -set forth below. RCTC and the City are sometimes referred to in this MOU individually as a "Party," or collectively as the "Parties." RECITALS WHEREAS, RCTC proposes to extend 24 miles of commuter rail service from the cities of Moreno Valley and Perris in western Riverside County to the existing Riverside Downtown Station, referred to as the Perris Valley Line Project (the "Project"); and WHEREAS, RCTC, as lead agency for the Project, prepared a Draft Environmental Impact Report ("DEIR") in accordance with the California Environmental Quality Act ("CEQA"), in which it analyzed the Project's potential environmental impacts; and WHEREAS, the DEIR concluded that all potentially significant noise impacts from the Project could be reduced to a less than significant level through the implementation of feasible mitigation measures; and WHEREAS, notwithstanding the Project's proposed noise abatement measures, the City has concerns about the Project's noise -related impacts; and WHEREAS, the Parties desire to enter into this MOU to resolve all outstanding issues concerning potential impacts within the City and surrounding areas from the Project; and NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the Parties hereto agree as follows: 1. Incorporation of Recitals The Parties hereby affirm the facts set forth in the Recitals above and incorporate the Recitals as though fully set forth herein. 2. Conditions a. RCTC is funding and implementing, as part of the Project, the infrastructure necessary to allow for the implementation of Quiet Zones ("QZs") within the City at the following four intersections: Marlborough Av, Spruce St, Blaine Street and Mt Vernon Avenue ("Project QZs"). The City 11-5 113 is wholly responsible for the establishment and approval of the Project QZs within the City, and is a responsible agency for the Project QZs under CEQA pursuant to Public Resources Code section 21069 and State CEQA Guidelines section 15096. b. RCTC will reallocate the unused 1988 Measure A Highway and Commuter Rail funds from the La Sierra Avenue/SR 91 and Van Buren/SR 91 Interchange Project to the City to fund a portion of the City's costs to establish and implement the Burlington Northern Santa Fe Railroad (BNSF) QZs ("Unused Funds") estimated to be approximately $7.7 million dollars. BNSF QZs are the BNSF line at -grade crossings between Buchanan and Cridge Streets and the Union Pacific Railroad line at Panorama Road. c. RCTC will reallocate to the City seven million dollars of federal funds originally earmarked for the Third Street Grade Separation Project to fund a portion of the City's costs to establish and implement QZs in other areas of the City. Federal funds must be obligated in accordance with all federal regulations and requirements. The City will seek obligation authority in a timely manner to ensure funding does not lapse. d. The City will use these funds (a total of up to $14 million dollars) solely to establish QZs outside of the Project areas, which includes the construction of any necessary infrastructure improvements for the QZs' implementation. The City will diligently pursue implementation of the QZs' and may implement the QZ's in phases. City acknowledges that it has five (5) years from the Effective Date to utilize the funds. However, provided the City has made good faith efforts to comply, this timeframe will be extended by RCTC if requested by the City and if consistent with any applicable federal and state rules. The City will return any unused funds to RCTC within thirty (30) days after final accounting of the project costs. e. Any failure on the part of the City to establish QZ pursuant to this MOU will have no effect on RCTC's ability to implement the Project, and will have no effect on the adequacy of the environmental review undertaken for the Project or any related Project approvals. f. RCTC agrees that it will implement all mitigation measures and project components proposed for adoption in the final Environmental Impact Report prepared for the Project that will reduce project noise impacts. g. In consideration of these terms, the City agrees to fully support the Project and shall send a letter of support to RCTC within fifteen (15) business days of the effective date of this MOU. Moreover, the City agrees it will not encourage or sponsor any third parties in any opposition to the Project. 2 11-6 114 • • 3. Term and Termination a. This MOU shall be effective upon execution by both Parties. b. This MOU may be terminated by mutual written consent of both Parties. c. Any termination pursuant to this Section 3 shall not violate or preclude any continuing obligation or duty assumed by either Party under this MOU. 4. No Third Parties This MOU shall not create any rights in any third party. 5. Notices The persons and their addresses having authority to give and receive Notices under this MOU are: RCTC Attention: Edda Rosso, P.E. Capital Projects Manager 4080 Lemon Street; 3rd Floor Riverside, GA 92502 Phone; (951) 787-7141 Facsimile: (951) 787-7920 City of Riverside Attention: Tom Boyd Deputy Public Works Director. 3900 Main Street, 3rd Floor Riverside, CA 92522 Phone: (951) 826-5575 Facsimile: (951) 826-5.542 Any notices from either Party to the other shall be given in writing to the attention of the persons listed above, or to other such addresses or addressees as may hereafter be designated in writing for notices by either Party to the other. Notice shall be served personally, sent by facsimile or by first class mail, postage prepaid. 6. Indemnification RCTC shall indemnify and hold the City, its officers, agents and employees free and harmless from liability to any person or entity not a Party to this MOU from any damage, loss or injury to person and/or property which relates to or arises from the negligence or willful misconduct of RCTC, its officers, agents or employees in the execution or implementation of this MOU. The City shall indemnify and hold RCTC, its officers, agents, or employees free and harmless from liability to any person or entity not a Party to this MOU from any damage, loss or injury to person and/or property which relates to or arises from the negligence or willful misconduct of the City, its officers, agents or employee in the execution or implementation of this MOU. 3 11-7 115 7. Miscellaneous a. The Parties must obtain written consent of the other Party prior to any assignment of rights not to be unreasonably withheld, other than to Project lenders and equity participants. Upon assignment, this MOU shall be binding upon the. Parties, their agents, successors, and permitted assigns. b. This MOU is the final integrated agreement between the Parties regarding the matters addressed herein, and may not be modified except in a writing signed by the Parties. e. This MOU only covers what is written herein. d. This MOU shall be construed in accordance with the laws of the State of California: e. In the event of breach, damages may not be sufficient as compensation: Equitable remedies, including without limitation specific, performance,. injunctive relief (temporary and permanent restraining orders) may be available to the Parties upon proper showing of irreparable injury in a court of competent jurisdiction. f. Both Parties represent they have the legal authority to perform and carry out all covenants and obligations to be performed under and pursuant to this MOU. The execution, delivery, and performance by both Parties has been duly authorized by all necessary action, and does not and will not require any consent or approval of senior management or governing bodies, other than that which has been obtained. g. This MOU may be signed in counterparts. Signatures sent via facsimile or electronic mail shall be valid. [Signatures on following page.] 4 11-8 • • 116 • • • IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the last date set forth below, RIVERSIDE COUNTY TRANSPORTATION COMMISSION Date: By: Name: CITY OF RIVERSIDE Date: By: Name: Attested to: By: Name: Approved as to form: By: Name: t ,2'_ rrr� iltqtA 17336.02306X5836962.1 CA 10-2801 02/04/11 5 11-9 117 • • 118 ;S ueueuon8 'til 'IS 93-lekl 'CI. •any e.ualS el 'Z l 'IS JelAl • 11 •any uospieH '0l }S uosglsi •6 ;S uosNoer •g ;S swepy.L 'IS uosaagaf'9 ;S suen3 g ;S uoslpew q ;S uo;6uNseM •£ aS klew .Z ;S auer •; ATTACHMENT 2 4080 lemon Street, 3rd Floor • Riverside, CA Mailing Address: P O. Box 12008 • Riverside, CA 92502-2208 (951) 787-7141 • Fax (951) 787-7920 • www.rctc.org Riverside fiaxuy TrenspodeNon Commission September 1, 2010 Mr. R.A. Bamett 474 Prospect Avenue Highgrove, CA 92507 Dear Mr. Barnett: Thank you for your letter of July 27 regarding the possibility of a train station in Highgrove. I think the position of the Riverside County Transportation Commission (ROTC) regarding this matter has been rather consistent and transparent. Youhave had a number of opportunities to meet with our Commissioners and staff and had the opportunity to make detailed presentations to various Committees and the entire Commission. You have asked for me to list the Commission's reasons for choosing a bcation serving Hunter Park instead of Highgrove. Rather than merely list arguments, I would like to provide a,detailed explanation for our actions. 1 would hope that you would print this letter in its entirety on your website. I respect your dedication and efforts on behalf of your community, but this is an issue where we will continue to have significant differences of opinion. Our position is based on sound engineering, operational complications, and costs including. •nflicts with Railroad Mainline There are a number of operational, engineering, and ridership challenges with locating a station in Highgrove. Unlike the Hunter Park area, Highgrove is not an employment center nor does R have the population density to support a train , station when the Downtown Riverside station is only two miles away. To further complicate matters, its location on the mainline of the Burlington Northern Santa Fe creates a number of operational concerns that impact dispatching and the need for complicated switching facilities. These concerns were addressed at considerable cost at the Downtown Riverside station; to do the same at Highgrove would be exceptionally expensive and a questionable investment given its proximity to a similar location only two miles away. Direction of Train Service One argument that you've often made in locating a station at Highgrove is that there already a number of trains that travel through Highgrove, why not Just place a stop along the corridor and stop the trains now? Let's assume that the operational concems mentioned in the previous paragraph were not an issue; are there enough trains and passenger demand for a station in Highgrove? The answer will surprise you. Train schedules are set in a way to meet demand and trains do not travel back and forth between Riverside and San Bernardino. Consider that the Downtown Riverside Station is served by 35 daily trains. The stations at La Sierra and Corona are served by 20 trains per day and even the least -used RCTC train station In Pedley is served by 12 trains. Building a station in Highgrove today to be served by only 8 trains is not a cost-effective investment. • 120 Mr. R.A. Barnett September 1, 2010 Page 2 Highgrove Engineering Challenges On January 25, 2010, you had an exclusive audience before our Perris Valley Line Ad Hoc Committee and you were accompanied by a civil engineer— Mr. Addington. Previously, you had met with members of our Commission who went to the Highgrove location for a first-hand look at the site. The purpose of both meetings was to explain numerous engineering challenges that make it much harder and much more expensive to build a station at Highgrove. There are 13 different issues regarding the Highgrove location that create significant engineering challenges. They include the need for a grade separation at Villa Avenue and an underground pedestrian crossing under the tracks. Drainage is yet another problem. In the February edition of Highgrove Happenings, you pointed out that Mr. Addington believes that the engineering challenges can be overcome. What you failed to mention was the extra cost that would ensue — costs that could double the overall outlay for building a station at Highgrove instead of at Marlborough. Highgrove Residents Will Be Served As you've mentioned, you have worked on this issue for a number of years. Your dedication to the area is admirable and you reside in an important and exceptional community. Highgrove deserves the very best from the county of Riverside in terms of services and facilities, but train stations need to be located near residential or employment density. The Marlborough location is sited near a jobs -rich area and will be used primarily by people who will be getting off the train in the morning and returning home in the evening. The best news is that it's easily accessible for Highgrove residents 1 think you should also consider the local impact a train station near a residential area can have on its neighbors. In order to access a station at the site you have identified, Transit Avenue would have to be widened to accommodate cars wishing to access the station, which would increase traffic near the neighborhood. Also, think of the many buses that would have to reach the station via Citrus Street. In addition, residents immediately east of the station would see a major parking lot built neat to their homes. Contrast that with our preferred location on Marlborough Avenue in a primarily industrial area that is already designed with access for larger vehicles. The Bigger Picture and the Future As many of our Commissioners have often noted, your commitment to your community is admirable, however in recent months some of your strategies to influence decision makers might have been counterproductive. Personal attacks are counterproductive and it's important to stay focused on the issue. For example, l can assure you that SCAG is great planning agency but has absolutely no jurisdiction over transit operations and funding. The city of Grand Terrace is unable to financially participate in the construction of, or ongoing maintenance of a train station — especially if it's located in another county. Moreover I've noticed that you are trying to make the point that a warehouse is being developed on Palmyrita although our environmental document makes it perfectly clear that there are three sites under consideration including Marlborough Avenue. ROTC is committed to working with you on issues of concern and we will always welcome your participation in our meetings and events. In the case of'Metrolink train stations, our aim will be to develop stations near residential or jobs -sense areas and are cost-effective to build and maintain. I'm afraid that's not the case with the Highgrove location. Thank you again for you ongoing interest and I look forward to your continued participation. Sincerely, ik\t/ Anne Mayer Executive Director 121 ATTACHMENT 3 Metrolink Station Compromise! Feb. 7, 2011 Do not build a Metrolink station in the Hunter Park Area at this time! Future Metrolink trains between Riverside and Perris would proceed around the curve at Highgrove without stopping in the "Hunter Park Area". BENEFITS: Reduced travel time between Riverside and Perris. COSTS: No additional property would have to be purchased for a station and parking in the "Hunter Park Area" on the Perris Valley Line. SERVICE: RCTC's goal of establishing new commuter rail service between Riverside and Perris would not be affected. No commuter rail service would be provided between Highgrove and Perris. REGION: To satisfy the regional needs of commuters between Riverside and San Bernardino counties, use the savings from a station planned in "The Hunter Park Area" to build a station on the property in Highgrove on the same property needed for the curved track to connect the 2 railroads. The station could be located right next to the # 3 BNSF mail line near mile post 7 where it is needed and wanted and has received support for the last 9 years. .LONG TERM: A future station platform could be built on the east side of this same 19 acres next to the Perris Valley Line for future commuter trains between Perris and San Bernardino using the 19 acre property already owned by RCTC. PROVISION: Build the Highgrove station first so the existing commuter trains can be used during the Perris Valley Line construction. R. A. `Barney" Barnett 474 Prospect Ave. Highgrove, Ca. 92507 (951) 683 4994 highgrovenewsQroadrunner.com www.highgrovehappenings.net 122 Hunter Park Station Sites '''1171111411111/4„, 11!•kolL7,42.J ____._41„.... essilli MN • Map of Area Showing Potential Station Sites .r2. ,,..--, , . 24,ola Ce_, 0.1-:ii 73: Z. a C (AY di- Gik , .7 't- A ' - --..'"\\ _.1.—klk --? se Pote --.. V/ -C.-Monti:ea Ave ,,,•tr, Milton St 51eree: rn St 4A .251111e VO a St Carue SI rear:t.tarC.,:gh Ave Columbia Ave Spi • rei 0 Colurnbte Coluaima Ave Highgrove Palmyrita Columbia Marlborough Quiet Zones What is a Quiet Zone? RCTC and City of Riverside MDU City of Riverside PVL Draft Quiet Zone MOU PVL makes four crossings near UCR Quiet Zone ready City of Riverside BNSF Line Project (La Sierra area to Downtown Riverside) C K S 1 Perris Valley Line Quiet Zone ' - t� w1itioro-NhAgse" . .� Marlborough Ave." Perris Valley Line — RCTC Responsibilities Fund/construct quiet zone infrastructure • Marlborough Avenue • Spruce Street • Blaine Street • Mt. Vernon Avenue Construct mitigation measures identified in environmental studies 2 Perris Valley Line — Mitigation Measures April 5, 2010— May 24, 2010 — CEQA comment period December 1, 2010—January 6, 2011— NEPA comment period Mitigation/improvements included in project Noise and vibration reducing ballast mats beneath rail lines Noise barriers Sound insulation Vehicular and pedestrian safety Culvert replacements/enhancements Traffic management plans to minimize construction traffic Perris Valley Line — City Responsibilities File Notice of Intent with PUC and obtain necessary approvals Enter into Maintenance Agreement with BNSF Send letter of support for PVL project within 15 days of MOU effective date Do not encourage third party opposition to PVL project 3 I Jane Si T. Mary St S. Washington S1. 1. Madison St 5. Evans 9t. 6. JeBetson St. Adam St. 0. Jackson St. 9. Gibson St. 10. Hanisan Ave. It. TYlet Si IT. La Siena Ave. IT. Pieree Si I/. Buchanan St. MonRedeveb0ment Funded BNSF Quiet Zone — City Responsibilities Phase 1 - Immediate closure of Jane Street/BNSF crossing Phase 2 — Construct quiet zone improvements in mid-2011 Raised medians and sidewalks Replacement of crossing planks Phase 3 — Upgrade crossing railroad signals in 2012 4 3rd Street Grade Separation $40 million estimated project cost Underfunded by$15./ million Numerous complexities prevent meeting December 2013 TCIF construction deadline Recommend deferral of project City return $17.5 million TCIF funds to RCTC for qualifying county projects RCTC reallocate $7 million in federal funds to BNSF quiet zone project Project Funding BNSF Quiet Zone Project cost: $14-17 million Funding: $15.9 million $7.7 million unused regional Measure A funds $7 million RCTC reallocation of federal funds $1.2 million previously allocated RDA funds Perris Valley Line Quiet Zone Construction and mitigation measures funded by RCTC 5 Recommendations Approve MOU with City of Riverside Approve funding transfers for Quiet Zone $7 million CMAQ from 3`d Street Reprogram $7.7 million from SR-91/La Sierra Avenue and Van Buren Boulevard interchange projects 6 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 9, 2011 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Aaron Hake, Government Relations Manager THROUGH: Anne Mayer, Executive Director SUBJECT: State and FederalLegislative Update BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION; This item is for the Commission to: 1) Approve the following bill positions: • AJR 4 (Miller) - Support; • H.R. 526 (Calvert) - Support; • H.R. 304 (Gallegly) - Oppose and Work with Author; and 2) Receive and file an update on state and federal legislative activities. BACKGROUND INFORMATION: State Update Assemblyman Miller Introduces Resolution in Support of State Route 97 Transportation Infrastructure Finance and Innovation Act Application Former RCTC Commissioner and Assemblyman Jeff Miller introduced AJR 4, calling on the federal government to award a Transportation Infrastructure Finance and Innovation Act (TIFIA) loan guarantee to the SR-91 Corridor Improvement Project (SR-91 CIP). Following the bi-partisan support for AB 2098 (Miller) last year to accelerate the SR-91 CIP, the Assembly Joint Resolution calls attention to the statewide significance of the project for job creation and economic recovery in California. State Budget Discussions Continue; Fuel Tax Swap Reenactment Still Needed As much of the focus of ongoing budget talks is on redevelopment and tax extensions, a coalition of contractors, labor, transit agencies, cities, counties, and self-help entities have educated legislative leaders on the need for timely re-enactment of last year's fuel tax swap. Compliance with Proposition 26's requirements that the Legislature re-enact any tax increase that was offset by a Agenda Item 10 123 related tax decrease, such as was done with the sales and excise taxes on motor and diesel fuels in 2010 by a two-thirds vote is essential to maintain stability of state transportation funding. Based on discussions with legislative offices in the Inland Empire, it appears there is a good understanding of the consequences if the fuel tax swap is not re-enacted. At this time, it appears that resolution to this issue is tied to the successful negotiation of the larger budget package. Federal Update President Releases FY 2012 Budget Congress Debates Finishing FY 2011 Earlier this month, President Obama unveiled his FY 2012 Budget proposal. The President's transportation budget plan provides the first insights into what the Administration's policy proposal will be for the next surface transportation authorization bill, which has been delayed by more than a year. The budget calls for a 60% increase in transportation spending, similar to levels first proposed by the House Democrats in 2009. Although the Administration claims that its proposal will be paid for according to "pay as you go" (PAYGO) rules, the Administration has yet to reveal a specific plan to fund this significant increase. Among the notable policy items that can be extracted from the budget is the proposed creation of a $50 billion National Infrastructure Bank (NIB or "I -Bank"), a long-time Obama priority. However, until the Administration releases a more specific proposal, it is still unclear how the bank would operate. The budget also daylights the concept of moving towards a transportation trust fund rather than today's Highway Trust Fund. This reflects the Administration's belief that funding should not be separated into so many silos by mode (e.g., highways, transit, rail), but rather that funding should flexible across multiple modes to achieve specific performance targets. Again, staff is awaiting further details on flow a transportation trust fund would operate. Simultaneously, House Republicans moved forward with an appropriations bill to direct federal spending for the remainder of FY 2011. The current continuing resolution expires March 4. The focus of the House of Representatives bill is to cut spending on discretionary programs, helping fulfill a central campaign pledge during the 2010 midterm elections. On the transportation front, the original House bill (H.R. 1) called for rescissions of unobligated high speed rail money, TIGER grants from the American Recovery and Reinvestment Act (ARRA), and unobligated New Starts funds. At the time this staff report was written, over 400 amendments to H.R. 1 had been printed, but the House had not yet acted on any amendments. Staff and lobbyists will closely monitor and respond to any amendments that impact Commission projects. Agenda Item 10 • 124 s • Congressman Calvert Re -Introduces ON TIME Act Representative Ken Calvert (R-44) has reintroduced legislation that would levy a fee on goods entering and leaving the country at all land, air, and sea ports of entry in the United States. The fee would be statutorily invested into defined trade corridors surrounding the port at which the fee was collected; thereby providing a return to source revenue stream for goods movement projects without subjecting the funds to earmarking or diversion by Congress or the President. The fee is ad valorem (0.075% of the va►ue of goodsbeing transported) and capped at $500. Projects funded by the fee are determined by a consultative process led by the Secretary of U.S. Department of Transportation (U.S. DOT) that includes regional agencies, states, and the private sector. The Commission previously supported all versions of the ON TIME Act and staff recommends support of H.R. 526. This is consistent with the adopted federal platform and the Commission's long-standing perspective that goods movement is a federal issue and requires a federal solution. Retroactive Commuter Rail Liability Legislation Returns As expected, Representative Elton Gallegly (R-24) reintroduced legislation to retroactively raise the statutory liability cap for passenger rail accidents. H.R. 304 would lift the current $200 million cap per accident to $275 million. This is a reduction from Representative Gallegly's bill in 2010, which would have raised the cap to $500 million. However, the retroactivity clause remains troubling to the Commission, its partner agencies, and the Southern California Regional Rail Authority (Metrolink). The retroactive date of the legislation extends to the date of the tragic 2008 Chatsworth accident that killed 25 people. The Commission believes this could set a precedent that would drastically increase insurance costs to Metrolink and commuter rail operations around the country. The bill also attempts to exempt public entities from the increased liability cap; this however may prove difficult given the complex shared use and liability agreements that public agencies, including the Commission and Metrolink, hold with private railroads. The Commission remains committed to safety of Metrolink riders and is assisting in making investments to positive train control, grade separations, and other techniques to enhance the safety of the rail system. Staff recommends the Commission adopt an oppose position on H.R. 304 and to continue working with the author on constructive ways to protect passengers and ensure the fair treatment of the families who lost loved ones in the 2008 Chatsworth accident. Agenda Item 10 125 The Commission Gets Involved in National Policy Issues; Elevates State Route 91 Awareness This month marks the beginning of a concerted effort on the federal level to raise the profile of the Commission and the SR-91 CIP. On February 23, Executive Director Anne Mayer testified before a joint field hearing of the House Transportation and Infrastructure Committee and the Senate Committee on Environment and Public Works. Anne Mayer's testimony focused on innovative financing including the TIFIA program, leveraging self-help counties' local revenue streams, and the need for federal partnership to create jobs and deliver projects for the traveling public. In early March, a delegation of six Commissioners, Anne Mayer, and Government Relations Manager Aaron Hake are traveling to Washington, D.C. to meet with members of Congress, policy committee staff, Administration officials, and other stakeholders to discuss the SR-91 CIP and the Commission's policy recommendations on innovative finance. As discussed at the February Commission Workshop, receipt of a federal TIFIA loan guarantee is the Commission's highest priority in Washington, D.C. this year and is essential to keeping the SR-91 CIP on schedule. During the trip, the Commission will formally submit .its letter of interest to the U.S. DOT for the FY 2011 TIFIA program. Also, in mid -February, the Commission signed a national coalition letter calling on Congress to protect the FY 2011 TIFIA program from budget reductions. Keeping this program whole will increase the odds of the Commission's success in being selected for this year's funding round. The letter included state DDT's from around the country, as well as AAA of Southern California and Texas. Attachments: 1) Assembly Joint Resolution - AJR 4 (Miller) 2) National Coalition Letter Dated February 14, 2011 Agenda Item 10 • • 126 ATTACHMENT 1 CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION Assembly Joint Resolution No. 4 Introduced by Assembly Member Miller February 3, 2011 Assembly Joint Resolution No. 4—Relative to the Transportation Infrastructure Finance and Innovation Act. LEGISLATIVE COUNSEL'S DIGEST AJR 4, as introduced, Miller. Transportation Infrastructure Finance and Innovation Act. This measure would memorialize the President of the United States and the Secretary of the United States Department of Transportation to award a federal Transportation Infrastructure Finance and Innovation Act loan guarantee to enable the timely construction of the State Route 91 Corridor Improvement Project in the interest of economic competitiveness of California and the United States. Fiscal committee: no. 1 WHEREAS, The Transportation Infrastructure Finance and 2 Innovation Act (TIFIA) program was created by the United States 3 Congress to provide credit assistance to nationally or regionally 4 significant surface transportation projects; and 5 WHEREAS, The State Route 91 Corridor Improvement Project 6 requires a federal loan guarantee from the TIFIA program to enable 7 construction of the $1.3 billion infrastructure project; and 8 WHEREAS, The State Route 91 Corridor Improvement Project 9 will be built entirely without state or federal funding, relying solely 10 on local revenues; and 99 127 AJR4 — 2 — 1 WHEREAS, The voters of Riverside County, Califomia have 2 twice approved a one-half cent "self-help" sales tax for 3 transportation that includes improvements to State Highway Route 4 91; and 5 WHEREAS, The State Route 91 Corridor Improvement Project 6 will be among the largest highway construction projects to 7 commence in the State of California in nearly a decade; and 8 WHEREAS, The State Route 91 Corridor Improvement Project 9 is anticipated to provide significant economic benefits to the State 10 of California, including, but not limited to, $2 billion in economic 11 output throughout the state, labor income totaling over $778 12 million, $85 million in increased state and local tax revenues, a 13 permanent increase of 830 jobs per year after construction, and 14 time saved by commuters with a net present value of $1.5 billion 15 to the California economy; and 16 WHEREAS, Unemployment in areas of Califomia served by 17 State Highway Route 91 has exceeded 15 percent and remains 18 above 14 percent; and 19 WHEREAS, The State Route 91 Corridor Improvement Project 20 can begin construction in early 2012 if federal TIFIA financing is 21 received; and 22 WHEREAS, The State Route 91 Corridor Improvement Project 23 employs congestion pricing as an innovative tool to manage severe 24 congestion and enable the growth of public transit by bus, rail, and 25 bicycle in a highly constrained, narrow canyon that is the primary 26 route between the inland and coastal regions of southern California, 27 which are inextricably connected to the economic well-being of 28 California; and 29 WHEREAS, The State Route 91 Corridor Improvement Project 30 is a product of regional planning and environmental stewardship, 31 including the largest multispecies habitat conservation plan in the 32 United States, comprehensive integrated planning by the County 33 of Riverside in response to rapid urbanization, and a decade of 34 cooperation between Riverside and Orange Counties in regional 35 transportation management and planning; and 36 WHEREAS, It is in the economic interest of the State of 37 Califomia and the United States to encourage local investment in 38 nationally and regionally significant infrastructure, create jobs in 39 near and long term, and improve the quality of life for 40 hard-working families and businesses who rely on major highways 99 128 • • • — 3 — AJR 4 1 such as State Highway Route 91 to access employment, customers, 2 and their families; and 3 WHEREAS, The Legislature of the State of California has, on 4 two separate occasions, approved legislation on a bipartisan basis 5 to authorize and accelerate the construction of the State Route 91 6 Corridor Improvement Project; now, therefore, be it 7 Resolved by the Assembly and the Senate of the State of 8 California, jointly, That the Legislature of the State of California 9 memorializes the President of the United States and the Secretary 10 of the United States Department of Transportation to award a 11 federal TIFIA loan guarantee to enable the timely construction of 12 the State Route 91 Corridor Improvement Project in the interest 13 of economic competitiveness of California and the United States; 14 and be it further 15 Resolved, That the Chief Clerk of the Assembly transmit copies 16 of this resolution to the President and Vice President of the United 17 States, to the Speaker of the United States House of 18 Representatives, to the Majority Leader in the Senate, to each 19 Senator and Representative from California in the Congress of the 20 United States, to the Secretary of United States Department of 21 Transportation, and to the author for appropriate distribution. O 99 129 ATTACHMENT 2 ALAMO RMAAIN'T �ARICCIPA AMOOUITIONor QiletWir 21411irlai Regional **MY M OOit) ISSAS \ COMMISSION METROPOLITAN T TRANSPORTATION N MA CDyYI55InM fM.l.. [uumY. I* MAY lifr berter! �IA.... .'/` �` VdlaiiroaspwlRlroRAul`mflYRROIr�'RMurs�O�O000fa0f- sR++ReRlaRan February 14, 2011 Members of Congress: - i m Metro Governments Wng Toged As you examine agency budgets for the remainder of fiscal year 2011, we strongly urge you to fully fund the U.S. Department of Transportation's Transportation Infrastructure Finance and Innovation Act (TIFIA). Through the use of the TIFIA program, state and local governments are able to invest in nationally and regionally significant transportation infrastructure projects. These projects create thousands of much needed construction related jobs and, just as important, improve the transportation system of this country. TIFIA provides credit assistance such as low -interest direct loans to leverage scarce • federal funds and support projects that utilize a specific local revenue stream for repayment. TIFIA is a highly successful federal program and is currently oversubscribed. There are many more projects awaiting TIFIA type assistance than the funding available under the program. The TIFIA program remains one of the critical methods available in this country to advance major transportation projects by leveraging private sector funding. While we would like to see the program's capacity increased and are working to do so as part of the SAFETEA-LU authorization process, it is critical that Congress provide the authorized level of $122 million this fiscal year. Given the fact that this authorized level can be leveraged to over a -billion dollars of infrastructure investment, there are few federal programs that provide this return -on -investment for the American taxpayer and the economy as a whole. Thank you for your consideration of this request. Sincerely, i [Signatures on following page] 130 Members of Congress February 14, 2011 Page 2 Linda K. von Quintus Steve Finnegan Vice President, Government & Community Government Affairs Manager Affairs Auto Club of Southern California AAA Texas '714•4.- f aiite Terry M. Brechtel Executive Director Alamo Regional Mobility Authority Kome Ajise Program Manager Public Private Partnership Program California Department of Transportation Mike Heiligenstein Executive Director Central Texas Regional Mobility Authority Arthur T. Leahy Chief Executive Officer Los Angeles County Metropolitan Transnortation Authority Steve Heminger Executive Director Metropolitan Transportation Commission John McGee Executive Director for Planning and Policy Arizona Department of Transportation Pete Sepulveda, Jr. RMA Coordinator Cameron County Regional Mobility Authority Jennifer Schaufele Executive Director Denver Regional Council of Governments Dennis Smith Executive Director Maricopa Association of Governments Jeff Austin, III Chairman North East Texas Regional Mobility Authority AA-Q 9a", Will Kempton Chief Executive Officer Orange County Transportation Authority Jacob Snow General Manager Regional Transportation Commission 131 Members of Congress February 14, 2011 Page 3 Anne Mayer Executive Director Riverside County Transportation Commission Gary Gallegos Executive Director San Diego Association of Governments Hasan Ikhrata Executive Director Southern California Association of Governments • ai Amadeo Saenz, Jr. Executive Director Texas Department of Transportation /Lid, oe.h.ax, ,e4,0624- Deborah Robinson Barmack Executive Director San Bernardino Associated Governments Michael T. Burns General Manager Santa Clara Valley Transportation Authority Thomas E. Margo Chief Executive Officer Transportation Corridor Agencies 132