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HomeMy Public PortalAbout01 January 12, 1994 CommissionRIVERSIDE COUNTY TRANSPORTATION COMMISSION WEDNESDAY, JANUARY 12, 1994 2:00 P.M. 1. CALL TO ORDER. 2 PUBLIC COMMENTS. 3. APPROVAL OF MINUTES. 4, AGENDA ADpITIONS/REVISIONS. 5, PUBLIC HEARINGS. 5A. Unmet Transit Needs. Overview The purpose of the 5B. Section 9 Program Urbanized Areas. AGENDA public hearing is to solicit testimony on unmet transit needs. of Projects Amendment for the Palm Springs and Indio/Coachella Overview We have received a. request from SunLine • Transit Agency to amend the FY 1994 Section`9 Pr og, am r hiacts. The firial apportionments have resulted in an increase in. unresfricted Section 9. appropriations which SunLine would like to program for operating assistance instead of using local transportation funds. A notice of public hearing has been published as required by FTA regulations. 5C. Adoption of Resolution No. 94-001, 'A Resolution of the Riverside County Transportation Commission Declaring thai the Acquisition of Fee Interests in Certain. Real Property by Eminent Domain a� eCanvon Road eto Afor th/� ening gciire Properivand lignment Needed for of State Highway 79, also known as L the Route 79, Gilman Springs Road to First Street in the City of Beaumont, Measure A Highway Improvement Project. Overview Following the public hearing, it is recommended that the Commission make the necessary findings as stated above and adopt Resolution No. 94•-001, "A Resolution of the Riverside County Transportation Commission Declaring that the Acquisition of Fee Interests in Certain Real Property by Eminent Domain is Necessary for the Widening and Realignment of State Highway 79, also known as Lamb Canyon Road". Page 2 January 12, 1994 Riverside County Transportation Commission 6. CONSENT CALENDAR -- All matters of the Consent Calendar will be approved in a single motion unless a Commission member requests separate action on specific items. 6A. Consent Calendar - Administrative Items. 6A 1. Membership on the Citizens Advisory Committee/Social Service Transportation Advisory Council. Overview Membership terms of four of our members expired in November, 1993. The ordinance prescribing membership on the CAC/SSTAC states we should strive to attain geographic and minority representation as well as a broad spectrum of interests on the Committee. Anita Alcorn resides in Indian Wells and Lucia Moran lives in LaQuinta. The other two members, Don Senger (Perris) and Clarence Swalve (Rubidoux), both recently moved to areas already having representation, Sun City and Corona, respectively. 6A2. Health Benefits Resolution No. 94-002, Resolution Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act. Overview PERS requires that participating agencies specify the maximum amount it contributes toward each employee's and annuitant's health insurance premium, by resolution. The adoption of Resolution No. 94-002 will make RCTC in compliance of the PERS requirement of action in 1990. 66. Consent Calendar - Transit/Rideshare/Park-n-Ride. 6B1. Funding Agreement with SunLine Transit Agency. Overview SunLine Transit Agency is requesting that the Commission advance against SunLine's five percent share of Coachella Valley Measure A revenues. SunLine would like to use the funds to expand its dial -a -ride and bus services. SunLine is proposing to repay the loan within five years. 6B2. Quarterly Transit Operators Report. Overview This report presents ridership, operating, and financial information on the County's public transportation services for the first quarter of fiscal year 1994. Page 3 January 12, 1994 Riverside County Transportation Commission 6C. Consent Calendar - Service Authority for Freeway Emergencies (SAFE). 6C1. Authority to Issue Request for Proposal to Purchase Cellular 911 Telephones. Overview At the November 10, 1993 Commission meeting, staff was directed to proceed with developing a Request for Proposal (RFP) for cellular 911 telephones to provide telecommunications capability to the motoring public with disabilities in Riverside County. 6C2. Request for Contract Amendment from Hamner Towing, Inc. Overview Hamner Towing, Inc., the sole provider of tow truck service for the four beats of Riverside County's Freeway Service Patrol (FSP) program is requesting consideration of an adjustment to their monthly bill for additional costs they are incurring due to new regulation on diesel fuel standards. Hamner is requesting an increase of $0.80 per hour per beat and is willing to lock in the adjustment rates for an additional year at the Commission's option if the Commission decides to extend the program beyond the June 30, 1995, demonstration period. 6C3. Monthly Ca/lbox Update. Overview The operational statistics for the Riverside County Motorist Aid Call Box System for the month of November, 1993 will be presented to the SAFE Board. 6D. Consent Calendar - Financial Items. 6D1. Management Letter and TDA Recipient Audit Results. Overview The Budget & Finance Committee reviewed this item in detail and proposed wording changes to the auditor, Ernst and Young. The amended letter and results, as well as staff responses, will be presented to the Commission at the February meeting. 6D2. Comprehensive Annual Financial Report for Year Ended June 30, 1993. Overview The Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 1993, was issued as instructed by the Commission on December 20, 1993. The report was thoroughly reviewed by Russ Beirich, Chair of the Budget and Finance Committee and a certified public accountant prior to its release. Page 4 January 12, 1994 Riverside County Transportation Commission 6D3. Adoption of Resolution No. 94-003, "A Resolution of the Board of Commissioners of the Riverside County Transportation Commission, Providing for the Execution and Delivery of a Third Supplemental Indenture, A Purchase Agreement and a Preliminary Official Statement and Authorizing the Issuance and Sale of Riverside County Transportation Commission Sales Tax Refunding Revenue Bonds (Limited Tax Bonds), and Other Matters Related Thereto". Overview The Commission granted the Executive Director the authority to refund up to $75,000,000 of our 1991 Series A bonds. That authority expired December 31, 1993. Staff receives daily market update reports and regularly reviews other sources of information on market performance and expectations. At the instruction of staff, our financial team regularly provides interest rate scales and a refunding simulation model to assess market conditions and potential level of savings. Staff compares these various sources of information so that an informed decision can be made on if and when to proceed with the refunding. The market has been close, but not quite there to make a refunding economically feasible. 6D4. Single Signature Authority Report. Overview For the period ending December 31, 1993, three contracts were executed under single signature authority granted to the Executive Director by the Commission. There remains approximately $50,500 capacity to enter into additional contracts for the remainder of the fiscal year. 6D5. Cost and Schedule Reports for the Month of December. Overview The data enclosed depicts the current costs and schedule status of contracts reported by Route, commitments, and Cooperative Agreements executed by the Commission. For each contract and Agreement, the report lists the authorized value approved by the Commission, percentage of contract amount expended to date, and the project expenditures by route for the month ending November 30, 1993. 6E. Consent Calendar - Commuter Rail. 6E 1. Cost Revisions for Press Enterprise Work - Final Bid Numbers. Overview In September, 1993 staff brought forward an agenda item to reconstruct the Press Enterprise facilities. The facilities had been disrupted as part of the acquisition of property for needed rail improvements for the Riverside - Downtown Commuter Rail Station and operation of Commuter Rail on Union Pacific tracks. Page 5 January 12, 1994 Riverside County Transportation Commission 6E2. Renewal of Property Lease Agreement: 1) Framco in Perris; 2) Latimer Trust in Riverside; and 3) Adams Outdoor Advertising. Overview RCTC staff has negotiated terms to revise the renewal of the property lease agreement. 7. TRANSIT/RIDESHARE/PARK-N-RIDE. Telecommuting WorkCenter of Riverside County. Overview Working within budget parameters, staff has been unable to negotiate a favorable third year lease rate for the Telecommuting WorkCenter of Riverside County. Notice to vacate the current site by January 31, 1994, has been given. Relocation of the WorkCenter to UCR's CE- CERT facility at Bourns, Inc. as a sub -lease tenant is recommended to reduce operating costs and provide future facility options. 8. HIGHWAYS/LOCAL STREETS & ROADS. 8A. Caltrans District 11 Proposal to Rescind Fund Allocation for Route 86 Proiect. Overview A proposal is being presented by Caltrans District 11 relating to funding of Route 86 project. 8B. Study on High Occupancy/Toll Lanes: Phasing in Congestion Pricing a Lane at a Time. Overview This is a study sponsored by the Reason Foundation which addresses a mechanism to handle freeway congestion in Southern California. 9. COMMUTER RAIL. 9A. Discussion on Schedule for Implementing San. Bernardino/Riverside/Irvine MetroLink Commuter Rail Service. Overview This item relates to schedule for start-up of commuter rail service to Irvine subject to several variables, as mentioned in the staff memorandum. Page 6 January 12, 1994 Riverside County Transportation Commission 9B. Phase ll Development of the Downtown Riverside MetroLink Station. Overview In order to provide MetroLink Commuter Rail Service from San Bernardino to Riverside to Irvine and from Riverside to Los Angeles via Fullerton track improvements and a layover facility must be constructed. Staff is requesting authorization to move forward with implementation of the requisite improvements. 9C. City of Perris RCTC Property - Conceptual Site Plan and Specific Plan Amendment. Overview With the RCTC acquisition of the San Jacinto Branch Line from Santa Fe, RCTC also acquired approximately 14 acres in Downtown Perris. This property contains the railroad right-of-way, plus additional property currently being leased to the City of Perris and various private property owners. 10. ADMINISTRATIVE ITEMS. 10A. Measure A Vision and Strategy Paper. Overview As directed by the Commission, revisions have been made to the Measure A Vision and Strategy Paper and is presented. 10B. Legislative Report. Overview D.J. Smith, the Riverside County Transportation Commission's legislative consultant, will attend the meeting on January 12th to make a presentation on the following: 1) Summary of 1993 legislative activities; and, 2) discussion of upcoming 1994 legislative issues, including discussion of overall State transportation finance situation. In addition, the proposed FY 93-94 RCTC Legislative Agenda is presented for approval. 10C. Upcoming Conferences. Overview Upcoming conferences are presented to the Commission to determine whether Commissions should participate: 1) Planning More Livable Communities - January 14; 2) International Conference on Fuel Cells - February 23-25; 3) Regional General Assembly - March 3&4; 4) APTA's 1994 Commuter Rail Conference - April 10-13. Page 7 January 12, 1994 Riverside County Transportation Commission 10D. Commissionerfs) Reports, if needed. Overview This item is placed on the agenda to provide Commissioners the opportunity to report on various Committees representing the Commission. 10E. Proposed Staffing to Proceed with Projects in Riverside County. Overview During its December 8, 1993 meeting, the Commission considered a proposal to provide reimbursable services of RCTC contract employees to Caltrans to expedite project development. The PECG vs. Caltrans ruling, and subsequent rulings, limits Caltrans ability to contract directly, or indirectly through local agencies, for consultant services; no such limitation exists for reimbursable work performed for Caltrans by local agencies' employees. 10F. Election of Officers and Appointment/Reappointment of Committee Members. Overview According to the bylaws, election of officers must be held at the first Commission meeting. 1 OG. Letter to Supreme Court Supporting Review of Santa Clara Sa/es Tax Case. Overview A discussion on the Santa Clara "Rider" Sales Tax Case has been handed down. Legal Counsel is recommending Supreme Court review of the case. 11. CLOSED SESSION (if necessary). 12. ADJOURNMENT. The February 9, 1994 RCTC Meeting will be held at the City of Palm Desert Council Chambers, 73-710 Fred Waring Drive, Palm Desert. LAW OFFICES OF BEST, BEST & KRIEGER Date: 1) 12) 9 I Local Agency: MEMORANDUM (Government Code Section 54956.9) G(L This local agency may meet in closed session to confer with or receive advice from legal counsel regarding pending litigation when discussion in open session would prejudice the agency's position in the litigation. Litigation is pending when any of the following exists: "(a) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the local agency is a party, has been initiated formally. (b) (1) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency; or (2) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision. (c) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation." 1 This agency should meet in closed session as follows: I. Pursuant to subsection (a) above; the title of the litigation is II. Pursuant to subsection (b)(1) above, the agency bears a significant exposure to litigation because of these facts and circumstances LAW OFFICES OF BEST, BEST & KRIEGER III. Pursuant to subsection (b)(2) above; the agency is meeting to decide whether a (b) (1) closed session is authorized. IV. Pursuant to subsection (c) above; the agency is deciding whether to initiate litigation, based on these existing fac and c'rcumsd-nces e- G (cry? r PC. �; pe,t IA4.1 r r 6,111 rmh.t 4 ter (o,n 5.) /"dA • Prior to holding this closed session the agency identified the litigation to be discussed, or Prior to holding this closed session, the agency stated that identifying the litigation to be discussed would jeopardized ability to serve process or existing settlement negotiations. Submitted by Best, Best & Krieger (ScO ) ;,MV28497 \r.-1 City Attorneys Agency Counsel Special Counsel lAW OFFICES OF BEST, BEST Si KRIEGER Date: 1 / ►"11 1-i Local Agency: MEMORANDUM I2 ct c-- (Government Code Section 54956.9) This local agency may meet in closed session to confer with or receive advice from legal counsel regarding pending litigation when discussion in open session would prejudice the agency's position in the litigation. Litigation is pending when any of the following exists: "(a) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the local agency is a party, has been initiated formally. (b) (1) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency; or (2) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision. (c) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation." This agency should meet in closed session as follows: I. Pursuant to subsection (a) above; the title of the litigation is II. Pursuant to subsection (b)(1) above, the agency bears a significant exposure to litigation because of th-se fact .nd circumstanc s `ke_ Ci��-+S%©✓l C "cc, U �(wo/ • 'AO LAW OFFICES OF BEST, BEST & KRIEGER III. Pursuant to subsection (b)(2) above; the agency is meeting to decide whether a ( b) (1) closed session is authorized. IV. Pursuant to subsection (c) above; the agency is deciding whether to initiate litigation, based on these existing facts and circumstances * I�'I Prior to holding this closed session the agency identified the litigation to be discussed, or Prior to holding this closed session, the agency stated that identifying the litigation to be discussed would jeopardized ability to serve process or existing settlement negotiations. Submitted by Best, Best & Krieger ( S t.7 ) l$-1 I City Attorneys Agency Counsel Special Counsel LAW OFFICES OF BEST, BEST Se KRIEGER Date: Local Agency: �Z C-1 L MEMORANDUM (Government Code Section 54956.9) This local agency may meet in closed session to confer with or receive advice from legal counsel regarding pending litigation when discussion in open session would prejudice the agency's position in the litigation. Litigation is pending when any of the following exists: "(a) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the local agency is a party, has been initiated formally. (b) (1) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency; or (2) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision. (c) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation." This agency should meet in closed session as follows: I. Pursuant to subsection (a) above; the title of the litigation is r^. 0 0- t2 t� v . � J:ta�scwi II. Pursuant to subsection (b)(1) above, the agency bears a significant exposure to litigation because of these facts and circumstances LAW OFFICES OF BEST, BEST & KRIEGER III. Pursuant to subsection (b)(2) above; the agency is meeting to decide whether a (b) (1) closed session is authorized. IV. Pursuant to subsection (c) above; the agency is deciding whether to initiate litigation, based on these existing facts and circumstances Prior to holding this closed session the agency identified the litigation to be discussed, or Prior to holding this closed session, the agency stated that identifying the litigation to be discussed would jeopardized ability to serve process or existing settlement negotiations. Submitted by Best, Best & Krieger c S-cQ ) DMV28497 f7 1 City Attorneys Agency Counsel Special Counsel iNLAND VALLEY , wily Bulletin In.land Valley January 9ci994 Wednesday tion Features/B4 rJ Entertainment/135 TV log/B5 ❑ Opinion/B6 ❑ Obituaries/B7 G Scene/B8 Man urges state • • Widen expressway Wife died in Corona Expressway crash By Sharon Greengold. the roadway was hazardous, needed to Daily Bulletin . be wider and have a median between the north- and southbound lanes. CHINO fIILiS — Robert McCall During the 10-day trial, the jury hopes to accomplish more in memory learned that the accident rate of one of his wife than Just the $2 8 million every nine days on the three-mile wrongful death judgment last week stretch of highway was 300 percent against the California Department of higher than Caltrans' own projections, Transportation. according to Irvine -based attorney He would like to see the state widen Bryan Card, who helped win the the last three southern miles of the judgment. also learned that 12 Corona Expressway, where his wife The jury was killed in a car accident. fatalities occurred on the southernmost "I'm talking about the future," Mc- three-mile stretch of the Corona Ex - Call said during a telephone interview resswaywere from "1986 crossovers,"to199 . Of those, Tuesday from a Fullerton supermarket where he works as a buyer. judgment "I want to turn a light on at Card sees the MC� as trana � Caltrans and wake up somebody to the too small to frighten fact that people continue to die on this widening the three miles of highway. highway," he said. Even though the $2.8 million judgment Janice McCall, 38, of Chino Hills is larger than the Caltrans offer of died May 14, 1991, after a Toyota $75,000 to settle the case, Card says it pickup truck traveling south crossed is relatively limited, because wrongful into the northbound lanes of the death claimants may not legally hold Corona Expressway about 1 Y2 miles the transportation authority liable for north of the 91 Freeway and hit her punitive damages. . Chevrolet Cavalier head-on. She was But Anthony Ruffolo, deputy chief going to her Butterfield Ranch home. counsel for Caltrans, sees the judg- The judgment compensates for eco- ment as "extremely large for a wrong- nomic and noneconomic losses suffered ful death." by McCall, 41, and his three children, He called the jury's decision to hold j ages 7, 15, and 21. Caltrans 90 percent liable for the A Riverside County Superior Court accident "outrageous." jury unanimously decided last Thurs- The pickup's driver, Frederick Stov- day that Caltrans was 90 percent er of Duarte, could not be reached for liable for Janice McCall's fatal crash comment about his 10 percent liability because authorities should have known See CALTRANiS/B7 ualtraCl$/from B1 " in the case. McCall said he does not expect Stover to pay his share since he was uninsured at the time of the crash and cannot be located now. Caltrans attorney Ruffolo said the jury's assigning of liability represents its attempt to set policy for roads construc- tion, a power which rightly belongs to the various county jurisdictions which control their own transportation funds. San Bernardino County, for example, plans to widen its section of the Corona Express- way to an eight -lane freeway this summer and got it funded by county taxpayers who voted — for the Measure I tax. But in Riverside County, where taxpayers did not pass such a highway construction tax, the freeway will cinch abruptly down to two lanes. With 30,000 travelers on the road each day, there could be bottlenecking in the southbound lanes as drivers enter Riverside County. "I don't know where the heck those three lanes are going to go," Card said. "We're going to have frustrated drivers and deaths are going to continue." Chino Hills City Councilwom- an Gwenn Norton -Perry agrees. She lobbies local, state and federal transportation authori- ties continually in an attempt to acquire funding for widening the Riverside County portion of the Corona Expressway. "Some- times I feel like I'm fighting it alone," she said. Now, however, McCall plans to join the lobby. He plans to use what notoriety he has acquired from winning the court case to urge local resi- dents to call their state repre- sentatives and Caltrans officials about widening the three-mile stretch.