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10 October 10, 2012 Commission• • • TIME/DATE: LOCATION: Riverside County Transportation Commission MEETING AGENDA 9:30a.m. I Wednesday, October 10, 2012 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside &-COMMISSIONERS ..., Chair -John J. Benoit First Vice Chair -Karen Spiegel Second Vice Chair -Marion Ashley 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 I Don Robinson, City of Banning Roger Berg I Jeff Fox, City of Beaumont Joseph DeConinck I To Be Appointed, City of Blythe Ella Zanowic I Jeff Hewitt, City of Calimesa Mary Craton I Barry Talbot, City of Canyon Lake Greg Pettis I Kathleen DeRosa, City of Cathedral City Steven Hernandez I Eduardo Garcia, City of Coachella Karen Spiegel I Eugene Montanez, City of Corona Scott Matas I Yvonne Parks, City of Desert Hot Springs Adam Rush I Ike Bootsma, City of Eastvale Larry Smith I Robert Youssef, City of Hemet Douglas Hanson I Patrick Mullany, City of Indian Wells Glenn Miller I Michael Wilson, City of Indio Frank Johnston I Micheal Goodland, City of Jurupa Valley Terry Henderson I Don Adolph, City of La Quinta Bob Magee I Melissa Melendez, City of Lake Elsinore Darcy Kuenzi I Wallace Edgerton, City of Menifee Marcelo Co I Richard Stewart, City of Moreno Valley Rick Gibbs I Kelly Bennett, City of Murrieta Berwin Hanna I Kathy Azevedo, City of Norco Jan Harnik I William Kroonen, City of Palm Desert Ginny Foat I Steve Pougnet, City of Palm Springs Daryl Busch I AI Landers, City of Perris Gordon Moller I Scott Hines, City of Rancho Mirage Steve Adams I Andy Melendrez,. City of Riverside Andrew Kotyuk I Scott Miller, City of San Jacinto Ron Roberts I Jeff Comerchero, City of Temecula Ben Benoit I Timothy Walker, City of Wildomar Basem Muallem, Governor's Appointee RECORDS 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. Tara Byerly From: Tara Byerly Sent: To: Wednesday, October 03, 2012 4:11 PM Tara Byerly Subject: RCTC Commission Agenda -10.10.2012 Importance: High Good Afternoon Commission Alternates: Attached below is the link to the October 1 0 Commission Meeting. Please copy the link below and paste it into a web page. http://www.rctc.org/uploads/media items/october-12-2012.original.pdf Tara S. Byerly Senior Administrative Assistant 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951) 787-7141 1 Tara Byerly From: Sent: To: Cc: Subject: Attachments: Importance: Tara Byerly Wednesday, October 03, 2012 2:42PM Tara Byerly Jennifer Harmon RCTC Commission Agenda -10.10.2012 Conflict of Interest Form. pdf; Conflict of Interest Memo. pdf High Good Afternoon Commissioners, The October Commission Agenda for the meeting scheduled for Wednesday, October 10 @ 9:30a.m. for the IPad Users is available. Please copy this link: http://www.rctc.org/uploads/media items/october-12-2012.original.pdf In addition, attached is the conflict of interest memo and the form for your review. Please let me know if you have any questions. Thank you. Respectfully, TaraS. Byerly Senior Administrative Assistant 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951) 787-7141 1 TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: October 3, 2012 SUBJECT: Possible Conflicts of Interest -Riversiele County Transportation Commission Agenda of October 10, 2012 The October 10, 2012 agenda of the Riverside County Transportation Commission includes items that may raise possible conflicts of interest. A Commissioner may not participate in any discussion or action concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 12 months or 3 months following the conclusion from any entity or individual listed. Agenda Item No. BE -Agreement for Station Janitorial Services Consultant(s): Spotless Complete Services, Inc. 5255 Canyon Crest Drive, 71 Riverside, CA 92507 Manuel Lars, General Manager In addition to the potential conflicts of interest listed, the following companies and individuals are part of the Resolution of Necessity hearings for this agenda. Agenda Item No. 6 -Rao/ution of Necessity for the Acquisition of a Fee Interest in Portions of Certain Real Property, Located in Riverside County, California, By Eminent Domain, More Particularly Described as Assessor Parcel Numbers 465-040-018, 465-040-019, and 465-040-020 for Freeway Purposes, Including the Widening and Maintenance of Improvements to State Route 74 . Between Calvert Avenue and California Avenue, in Riverside County, California, and Related Improvements Property Owner(s): Daniel Duane Koby Alan Edward Koby 20400 V'ta Zaragoza Yorba Linda, CA 92887 Vince McGaw, Agent • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc. org AGENDA* *Actions may be taken on any item listed on the agenda 9:30a.m. Wednesday, October 10, 2012 BOARDROOM 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 t~eir 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. 5. Riverside County Transportation Commission Agenda October 10, 2012 Page 2 APPROVAL OF MINUTES -SEPTEMBER 12, 2012 6. PUBLIC HEARING -RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN PORTIONS OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN, FOR FREEWAY PURPOSES, INCLUDING THE WIDENING AND MAINTENANCE ON STATE ROUTE 74 BETWEEN CALVERT AVENUE AND CALIFORNIA AVENUE, IN RIVERSIDE COUNTY, CALIFORNIA, AND RELATED IMPROVEMENTS 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 hereinafter described in this report: a) The public interest and necessity require the proposed project; • b) The project is planned or located in a manner that will be most compatible with the gr~atest public good and the least private injury; • c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owners; and 3) Adopt Resolution of Necessity No. 12-003, #Resolution of Necessity for the Acquisition of a Fee Interest in Portions of Certain Real Properties, by Eminent Domain, for Freeway Purposes, Including the Widening and Maintenance of State Route 7 4, Between Calvert A venue and California A venue, in Riverside County, California, and Related Improvements, More Particularly Described as Assessor Parcel Nos. 465-040-018, 465-040-019, and 465-040-020 (Caltrans Parcel No. 22058-1 ). , 7. ADDITIONS I REVISIONS -The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. • • 8. • • Riverside County Transportation Commission Agenda October 10, 2012 Page 3 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. SA. AMERICANS WITH DISABILITIES ACT -BEST PRACTICES FOR STATE AND LOCAL GOVERNMENTS Page 12 Overview This item is for the Commission to: 1 ) Appoint the Commission's Deputy Executive Director to serve as the Commission's Americans with Disabilities Act (ADA) Coordinator; and 2) Adopt and make available to the general public the Non- Discrimination Notice, the Grievance Procedure, and the Discrimination Complaint form. 8B. AMENDMENT TO AGREEMENT FOR ON-CALL INTERNAL AUDIT SERVICES Page 19 Overview This item is for the Commission to: 1) Approve Agreement No. 08-19-029-12, Amendment No. 3 to Agreement No. 08-19-029-00, with Bazilio Cobb Associates (BCA) to increase the contract amount $100,000 for additional on-call internal audit services for a total amo1,.1nt not to exceed $330,000 and to extend the term through December 31, 2013; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8C. FISCAL YEAR 2011/12 MEASURE A LOCAL. STREETS AND ROADS BUDGET ADJUSTMENT Page 21 Overview This item is for the Commission to approve a budget adjustment for an increase in FY 2011/1 2 expenditures related to Measure A local streets and roads allocations . Riverside County Transportation Commission Agenda October 10, 2012 Page 4 8D. PROPOSITION 1 B STATE-LOCAL PARTNERSHIP PROGRAM FORMULA FUNDS -WESTERN COUNTY PROJECT PROGRAMMING STATUS AND NOMINATION REQUEST FOR THE INTERSTATE 15/LOS ALAMOS INTERCHANGE Page 23 Overview This item is for the Commission to approve programming up to $3.5 million of Proposition 1 8 State-Local Partnership Program (SLPP) formula funds for the Interstate 15/Los Alamos interchange project in the city of Murrieta. 8E. AGREEMENT FOR STATION JANITORIAL SERVICES Page 25 Overview This item is for the Commission to: 1) Award Agreement No. 12-24-086-00 to Spotless Complete Services, Inc. (Spotless) for station janitorial services for a three-year • term, and two one-year options to extend the agreement, in the amount of $458,283, plus a contingency amount of $45,828, for a • total amount not to exceed $504,111; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement, including option years, on behalf of the Commission; and 3) Authorize the Executive Director, or designee, to execute task orders awarded under the terms of the agreement. SF. REQUEST FROM VALLEY RESOURCE CENTER, INC. DBA EXCEED FOR MEASURE A SPECIALIZED TRANSIT FUNDS AS CAPITAL MATCH FOR SECTION 5310 PROGRAM Page45 Overview This item is for the Commission to allocate $5,055 to EXCEED in Measure A Western County Specialized Transit funds to provide the required capital match for an additional Federal Fiscal Year 2008/09 Section 5310 program funded vehicle. • • • • Riverside County Transportation Commission Agenda October 10, 2012 Page 5 8G. IOWA AVENUE AND RIVERSIDE AVENUE GRADE SEPARATION PROJECTS Page48 Overview This item is for the Commission to: 1) Allocate $2,126,968 in federal Congestion Mitigation Air Quality (CMAQ) funds to the city of Riverside (Riverside) in support of the Iowa Avenue grade separation project; and 2) Allocate $3,208,622 in Surface Transportation Program (STP) funds to Riverside in support of the Riverside Avenue grade separation project. 9. HIGH-SPEED RAIL UPDATE 10. Overview This item is for the Commission to receive an update on high-speed rail from Jeff Morales, Executive Director, California High-Speed Rail Authority . PROCUREMENT OUTREACH UPDATE Page 51 Overview This item is for the Commission to receive and file a presentation on procurement outreach activities. 11 . ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. COMMISSIONERS I EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities . Riverside County Transportation Commission Agenda October 10, 2012 Page 6 13. CLOSED SESSION 13A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) Case Number{s): RIC 462975 138. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Pursuant to Government code Section 54956.9(b) Potential Number of Case(s): One or more 14. ADJOURNMENT The next Commission meeting and is scheduled to be held at 9:30 a.m., Wednesday, November 14, 2012, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. • • • - RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN-IN SHEET OCTOBER 10, 2012 /l I §AMI,: AGENCY E MAIL ADDRESS ~~(Jb \~\-\-5 ci~ c) f (~ A-,VjJ ; ft)q . ' ~Db /;)-1. ~bh & ~ #d./ ft/o A-T _) ,1/J /j··J.:.. '/ ~;(fJTN .--. L 4 V(YD ;,) L.~ k t- \;(h{lJ?f~ ~ ) 411 M-Ur-eJ I l11flt ;_/1 v I fl><-it~.N-1 JJ /~'j) J1-JJZrf< Go I "A-' ~-L ~}11\'\~ -.:J~'--lltLA.Uv //;': #1/.-t4;; -¥1)/Zr V£/~'O~A-~ / v~IL~ G;_ f!-.£.5 11 z/ /l;t / ~-74./ -~~_/A!-,0 ~ Ff2,..;} '-~h"e8t.CI..S 7 g!Y} £c. Vt..A '---r.--:7 ~"*!I n u-'-v...t. L ~~-~ 0:..~--!J~ LA ~7:. ) /.{ j ( vv ;')c _) ~ f · 1 _0 c.; r.?o ( v.l(:'' 'f:;(~/vt 0 ve ~.11 Q 1\. ( r; y {\t\"" "'.!! ........ ~ ~"JCa -ul /];;;('~ . L/~ ~4 C& I Jn (YI.A(;) I~ ~ F i ~ •' ,r _,') _,fi:._ J... ~JY}r:'12~ ~y~ 1/l/Vt cA/~ 1ft-d~J) .Jl.. (\\V-c../'( "J_ /:"'~--...;;::: ,. ~ f·~/" ~,?1" • ..::-,:,_..-· '··")! -tf ;z;/3u.r ~ ~,/t" -fiAA~tY.C ?, c,.l IF lt..C J tl<' br't~ ?~ 7T) s C....Tl-/ ~ of-..4( C ~ kLA,.,Ar 2~--,,· r-~. -c..._ I /f-N.z?l('~ ~t.trl/?11:. 5:4-N T"At:::ti\JT"Z> ~{)~ CQ..l. ~-~ \~o-.f1J~ Tr1 dvo..,.. \At.,. \\_r S'QwV) f/Pfnu. I', 1£7 c··a tlC ~~II t1 ("" A~\ IJA Q_~.J It:. "fJAJMDE5FUl " ~.,71 ~ ~~ 7-:-br s;RJ~~ l,~LI"\ Q ft ~ .) • ~ -{3 0 kitr, , I 0 & {i' ~Lt<-'K LUZ~\ z;, ,~W1i+ef u - RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL OCTOBER 10, 2012 Absent County of Riverside, District I D County of Riverside, District II D County of Riverside, District Ill D County of Riverside, District IV D County of Riverside, District V D City of Banning D City of Beaumont D City of Blythe D City of Calimesa D City of Canyon Lake D City of Cathedral City D City of Coachella D City of Corona D City of Desert Hot Springs D City of Eastvale D City of Hemet D City of Indian Wells D City of Indio City of Jurupa Valley D City of La Quinta D City of Lake Elsinore D City of Menifee D City of Moreno Valley D City of Murrieta D City of Norco D City of Palm Desert D City of Palm Springs D City of Perris D City of Rancho Mirage D City of Riverside D City of San Jacinto D City of Temecula D City of Wildomar D Governor's Appointee, Caltrans District 8 D DETACH AND SUBMIT TO THE CLERK OF THE BOARD DATE: { O -( 0 -UJ I '2-CD CHECK IF SUBJECT OF PUBLIC COMMENTS: 0 PUBLIC COMMENTS: ___________________ _ AGENDA ITEM NO.: I _ SUBJECT OF IASLISTEDONTHEAGENDAI I.P AGENDA ITEM: Vl£5o[....tJT7lJN 0 F ,UE:"C-€:"'55 {tY 'Sv~ \)f't-I.JI Wo~HA1J NAME: C:zPn44 ~ . /t:o v A-l-1 G ~-z>~-c' LL P PHONE NO.: LA ~-u 2...'-/-s51f</-ADDREss: ~oo S · FU.::rV£YJ-DA ?/. ~~1..-6-t> L-os ITPt:rraEs, ~F c, oot] STREET CITY ZIP CODE :PIJ...oh::vz..=ry owtJ 61l.-S: PA-tV 14~'/.. 4-REPRESENTING: A:-t..-/t-N t:o P.,~:f-PHONE NO.: 5 lnH 6 NAME OF AGENCY I ORGANIZATION I GROUP BUSINESS ADDRESS: S f>.K€ STREET CITY ZIP CODE • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION 1. CALL TO ORDER MINUTES Wednesday, September 12, 2012 The Riverside County Transportation Commission was called to order by Chair John J. Benoit at 9:32 a.m. in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Chair Benoit led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Steve Adams Marion Ashley Roger Berg Ben Benoit John J. Benoit Bob Botts Daryl Busch Bob Buster Mary Craton Joseph DeConinck Ginny Foat Rick Gibbs Berwin Hanna Douglas Hanson Jan Harnik Steven Hernandez Frank Johnston Darcy Kuenzi Bob Magee Scott Matas Scott Miller Basem Muallem Greg Pettis Ron Roberts Adam Rush Larry Smith Karen Spiegel John F. T avaglione Ella Zanowic Commissioners Absent Marcelo Co Terry Henderson Glenn Miller Gordon Moller Jeff Stone Riverside County Transportation Commission Minutes September 12, 2012 Page 2 4. PUBLIC COMMENTS Anne Mayer, Executive Director, presented Michael Blomquist, Toll Program Director, with a five-year service award. Arnold San Miguel, Southern California Association of Governments, (SCAG) announced: • The 2012 Southern California Energy Summit will be held on October 4 and 5 at the Palm Springs Convention Center; • SCAG's Annual Regional Conference and General Assembly will be held on May 2 and 3, 2013; • SCAG's 3'd Annual Economic Summit will be held on December 6. Anne Mayer welcomed and expressed appreciation to Norman King, former Executive Director for San Bernardino Associated Governments (SANBAG), for attending the Commission meeting. 5. APPROVAL OF MINUTES-JULY 11, 2012 M/S/C (Ashley/Craton) to approve the minutes as submitted. Abstain: S. Miller and Smith 6. PUBLIC HEARING-RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 327-020-009 AND 327-200-001; 313-272-009; 310-150- 002; AND 313-282-048, LOCATED ALONG INTERSTATE 215, FOR THE CONSTRUCTION, MAINTENANCE, AND OTHER RELATED USES FOR THE PERRIS VALLEY LINE PROJECT IN RIVERSIDE COUNTY, CALIFORNIA At this time, Chair Benoit opened the public hearing and requested legal counsel explain the nature and scope of the hearing. Steve DeBaun, legal counsel, explained the purpose of this hearing is for the Board to consider the adoption of Resolution of Necessity Nos. 12-023, 12-025, 12-026, and 12-027, for the acquisition of certain real property interests related to the Perris Valley Line (PVL) project. He stated at the conclusion of this hearing, the Board will be asked to adopt the resolutions of necessity and he listed the findings. He explained the purpose of this hearing is to consider the need for acquisition of the property and it is not to consider the value of the property. He then noted a revision to the item that will be further explained in the presentation. • • • • • • Riverside County Transportation Commission Minutes September 12, 2012 Page 3 Jennifer Harmon, Clerk of the Board, verified the proofs of mailings that certify the notices were sent to the property owners of said parcel numbers are on file at the Commission. Mark Lancaster, right of way consultant, reviewed the revisions to the item and discussed the four Resolutions of Necessity for the PVL Commuter Rail extension project, highlighting the following areas: • A map depicting the PVL Commuter Rail extension project; • Maps depicting the four properties being considered for the PVL extension project; • Four findings required by the Commission; and • Next steps. At Commissioner Karen Spiegel's request for clarification, Mark Lancaster provided additional information regarding the Apolinar and Florinda P. Sanchez property and the Pentecostal Church of God including current utilization and the property owner's position on the acquisition. In response to Commissioner Adam Rush's request for clarification, Mark Lancaster replied the lntex parcel has certain capital gains that need to be sorted out along with a valuation issue, however, the property owners are not opposed to the take. Jennifer Harmon stated the Commission received a letter from Orlando Sanchez confirming his attendance at the hearing. At this time, Chair Benoit called upon any persons with an interest in the property who wish to be heard on this matter. Orlando Sanchez, property owner, discussed his concerns regarding the project's proximity to residents as well as the offer made to him for his property. Chair Benoit then called on any persons who wish to be heard on this matter. There were no other requests to speak from the public. Chair Benoit closed the public hearing . Riverside County Transportation Commission Minutes September 12, 2012 Page 4 MIS/C {Kuenzi/Hanna) to: 1 ) Conduct a hearing to consider the adoption of Resolutions of Necessity, including providing all parties interested in the affected properties and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolutions of Necessity; 2) Make the following findings as hereinafter described in this report: 3) 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; and Adopt Resolution of Necessity Nos. 12-023, 12-025, 12-026, and 12-027, "Resolutions of Necessity for the Acquisition of Fee Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 327-020-009 and 327-200-001; 313-272-009; 310-150-002; and 313-282-048, located along Interstate 215, for the Construction, Maintenance, and Other Related Uses for the Perris Valley Line (PVL) Project in Riverside County, California". 7. ADDITIONS I REVISIONS Steve DeBaun previously announced the rev1s1on to Agenda Item 6, "Resolutions of Necessity for the Acquisition of Fee Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 327-020-009 and 327-200-001; 313-272-009; 310- 150-002; and 313-282-048, Located Along Interstate 215, for the Construction, Maintenance, and Other Related Uses for the Perris Valley Line Project in Riverside County, California". At this time, Commissioner Rush left the meeting. • • • • • Riverside County Transportation Commission Minutes September 12, 2012 Page 5 8. CONSENT CALENDAR Anne Mayer highlighted Agenda Item 8H, "Fiscal Years 2013-17 Measure A Five-Year Capital Improvement Plans for Local Streets and Roads for the cities of Blythe, Calimesa, Corona, Jurupa Valley, Lake Elsinore, Palm Springs, and county of Riverside", which recommends the Commission adopt the Five-Year Capital Improvement Plans for multiple jurisdictions. These are the annual approvals of the plans, which each city has the ability throughout the year to make administrative modifications to their plan. M/S/C (Craton/B. Benoit) to approve the Consent Calendar items. Abstain on Item 8K: J. Benoit and Tavaglione Commissioner Ron Roberts requested Agenda Item 8P, "Cooperative Agreement with the State of California Department of Transportation for the Reimbursement of Construction Freeway Service Patrol Costs", be pulled from the consent calendar for further discussion. M/S/C (J. Benoit/Kuenzi) to reconsider Agenda Item 8P, "Cooperative Agreement with the State of California Department of Transportation for the Reimbursement of Construction Freeway Service Patrol Costs" at the end of the agenda. No: Foat SA. QUARTERLY FINANCIAL STATEMENTS Receive and file the Quarterly Financial Statements for the period ended June 30, 2012. 8B. QUARTERLY INVESTMENT REPORT Receive and file the Quarterly Investment Report for the quarter ended June 30, 2012. 8C. SINGLE SIGNATURE AUTHORITY REPORT Receive and file the Single Signature Authority Report for the fourth quarter ended June 30, 2012. 80. QUARTERLY SALES TAX ANALYSIS • Receive and file the sales tax analysis for Quarter 1 (Q1) 2012. Riverside County Transportation Commission Minutes September 12, 2012 Page 6 8E. REIMBURSEMENT AGREEMENT WITH BNSF RAILWAY COMPANY FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT 1) Approve Agreement No. 13-31-024-00 with the Burlington Northern Santa Fe Railway Company (BNSF) related to the State Route 91 Corridor Improvement Project (SR-91 CIP) for the advancement of BNSF engineering and legal reviews required for the SR-91 CIP in the amount of $90,000, plus a contingency amount of $10,000, for a total amount not to exceed $1 00,000; 2) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director to approve contingency work up to the total not to exceed amount as may be required. SF. CITY OF SAN JACINTO TRANSPORTATION UNIFORM MITIGATION FEE REGIONAL ARTERIAL PROGRAM -PROGRAMMING REQUEST 1) 2) Approve Agreement No. 13-72-023-00 with the city of San Jacinto to program $4.5 million of 2009 Measure A Western County Measure A Regional Arterial (MARA) funds and $1 million. of Transportation Uniform Mitigation Fee (TUMF) funds for the city of San Jacinto Ramona Expressway improvement project, Sanderson Avenue to Eagle Road construction phase; Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Approve budget adjustments to increase TUMF expenditures by $2 million, TUMF transfers in by $1 million, and MARA transfers out by $1 million. 8G. FISCAL YEAR 2012/13 ANNUAL LOCAL TRANSPORTATION FUND PLANNING ALLOCATIONS TO WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Approve an allocation of Local Transportation Fund (L TF) Planning funds in the amount of $503,250 to the Western Riverside Council of Governments (WRCOG) and $274,500 to the Coachella Valley Association of Governments (CVAG) to support transportation planning programs and functions as identified in each agency's FY 2012/13 L TF Program Objectives/Work Plan (Work Plan). • • • • • • Riverside County Transportation Commission Minutes September 12, 2012 Page 7 8H. FISCAl YEARS 2013-17 MEASURE A FIVE-YEAR CAPITAl IMPROVEMENT PlANS FOR lOCAl STREETS AND ROADS FOR THE CITIES OF BlYTHE, CAliMESA, CORONA, JURUPA VAllEY, lAKE ElSINORE, PAlM SPRINGS, AND COUNTY OF RIVERSIDE Approve the Fiscal Years (FY s) 2013-17 Measure A Five-Year Capital Improvement Plans (CIPs) for Local Streets and Roads as submitted for the cities of Blythe, Calimesa, Corona, Jurupa Valley, Lake Elsinore, Palm Springs, and county of Riverside. 81. PERRIS VAllEY liNE COMMUTER RAil EXTENSION PROJECT - APPROVAl OF PREQUAliFICATION CRITERIA FOR GENERAl AND SPECIAl TV CONTRACTS 8J. 1) Approve the Perris Valley Line (PVU commuter rail extension project prequalification criteria; and 2) Adopt Resolution No. 12-015, "Resolution of the Riverside County Transportation Commission Approving Pre-Qualification Criteria for the Perris Valley Line Commuter Rail Extension Project" . AGREEMENT WITH BECHTEl INFRASTRUCTURE CORPORATION FOR PROGRAM MANAGEMENT SERVICES FOR PERRIS VAllEY liNE PROJECT 1) Award Agreement No. 12-33-103-00 with Bechtel Infrastructure Corporation (Bechtel) for program management services for the Perris Valley Line (PVL) commuter rail extension project in the amount of $2,327,146, plus a contingency of $172,854, for a total amount not to exceed $2.5 million; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director to approve contingency work as may be required for the project. 8K. AGREEMENT FOR lEGAl SERVICES FOR THE PERRIS VAllEY liNE PROJECT 1) Award Agreement No. 12-33-115-00 with Best Best & Krieger LLP (BB&K) for legal services on the Perris Valley Line (PVL) commuter rail extension project for a five-year term, and two one-year options to extend the agreement, in an amount not to exceed $475,000; and Riverside County Transportation Commission Minutes September 12, 2012 Page 8 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement, including option years, on behalf of the Commission. 8L. AGREEMENT WITH PERRIS ElEMENTARY SCHOOl DISTRICT FOR AllOCATION OF FUNDS FOR THE DISTRICT'S DESIGN AND CONSTRUCTION OF A WAll 1) Approve Agreement No. 12-33-066-00 with Perris Elementary School District (PESO) to: 2) 3) a) Reimburse the PESO's design and construction of a wall in the amount of $650,000, plus a contingency amount of $100,000, for a total amount not to exceed $750,000; and b) Grant a license to PESO for the licensed property and the PESO's maintenance and use of the property; Authorize the Chair or the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and Authorize the Executive Director to approve use of the contingency amount as may be required for the project. SM. liST OF PRE-QUAliFIED FIRMS AND AGREEMENTS FOR ON-CAll STATION REPAIR AND MAINTENANCE SERVICES 1) Award the following agreements to provide on-call station repair and maintenance services for a three-year term, and two one- year options to extend the agreements, in an amount not to exceed an aggregate value of $1,250,000: a) Agreement No. 12-24-085-00 with ProCell, Inc; and b) Agreement No. 1 2-24-116-00 with Braughton Construction, Inc; 2) Authorize the Executive Director, or designee, to execute task orders awarded to the contractors under the terms of the agreements; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements, including option years, on behalf of the Commission. • • • • • • Riverside County Transportation Commission Minutes September 12, 2012 Page 9 8N. AGREEMENT WITH IVS SYSTEMS, INC. FOR THE ClOSED CIRCUIT TElEVISION COMMUTER RAil STATION SECURITY SYSTEMS 1) Approve Agreement No. 10-24-111-01, Amendment No. 1 to Agreement No. 10-24-111-00, with IVS Systems, Inc. (IVS) to provide quarterly professional inspection and maintenance services and on-call repair, consultation, and design services for the closed circuit television (CCTV) commuter rail station security systems required by the Commission: a) for a total contract amount not to exceed $600,000; and b) cancelling the three one-year options to extend the agreement; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 80. INTERAGENCY FIXED ROUTE TRANSFER AGREEMENT BETWEEN SUNUNE TRANSIT AGENCY, THE COMMISSION, AND METROUNK 1 ) 2) Approve Agreement No. 13-25-009-00 with Sunline Transit Agency (Sunline) and the Southern California Regional Rail Authority (SCRRA) for fixed route transfers; and Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 80. CITY OF JURUPA VAllEY /COUNTY OF RIVERSIDE -ClAY STREET GRADE CROSSING 1) 2) 3) 4) Reallocate $1 , 1 71 ,490 in Local Transportation Fund ( L TF) funding from the Jurupa Road railroad grade separation project (Jurupa Road Project) to the Clay Street railroad grade separation project (Clay Street Project); Allocate $5,328,510 in Congestion Mitigation Air Quality funds (CMAQ) to the city of Jurupa Valley (Jurupa Valley) for the Clay Street Project; Approve Agreement No. 08-33-013-02, Amendment No. 2 to Agreement No. 08-33-013-00, with the county of Riverside (County) for the deletion of the Jurupa Road Project from the jump start project list with the Clay Street Project as its replacement; Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and Riverside County Transportation Commission Minutes September 12, 2012 Page 10 5) Approve a budget adjustment to increase general fund expenditures and transfers in and L TF transfers out each in the amount of $471,490. 9. AGREEMENT FOR CONSTRUCTION OF THE INTERSTATE 215 CENTRAL WIDENING FROM SCOTT ROAD TO NUEVO ROAD PROJECT IN THE CITIES OF PERRIS AND MENIFEE At this time, Commissioners Marion Ashley and Larry Smith recused themselves due to a conflict of interest. Lisa DaSilva, Capital Projects Manager, provided an overview of the project and the scope of the agreement for construction of the Interstate 21 5 Central widening project from Scott Road to Nuevo Road in the cities of Perris and Menifee. M/S/C (Pettis/Kuenzi} to: 1} 2} Award Agreement No. 12-31-081-00 to Skanska USA Civil West California District, Inc. (Skanska} for the construction of the Interstate 215 Central widening project from Scott Road to Nuevo Road in the cities of Perris and Menifee in the amount of $67,262,000, plus an additional amount of $2,738,000 for potential supplemental work during construction and a contingency amount of $7 million for potential change orders, for a total amount not to exceed $77 million; and Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. At this time, Commissioners Ashley and Smith rejoined the meeting. 10. SUNLINE COMMUTER LINK SERVICE Robert Yates, Multimodal Services Director, presented the new Sunline Transit (Sunline) Commuter Link Route 220 service update, highlighting the following areas: • • Sunline Commuter Link Route 220 -New service, first time connectivity to Metrolink via Coachella Valley, regional cooperation, and leverages many different funding sources; Service designed by Sunline and funded through the Commission's Specialized Transit Universal Call for Projects; • • • • • • Riverside County Transportation Commission Minutes September 12, 2012 Page 11 • Regional cooperation between Sunline, Riverside Transit Agency (RTA), and the Commission; • Service is designed to link Eastern and Western Riverside County communities; • Sunline Commuter Link Route 220 -Service began September 10, 2012; • Fare structure and coordination; • Commenced operations on September 1 0 -Two westbound services weekday early morning, two eastbound services weekdays evenings, operated by Sunline buses and drivers, trip takes approximately two hours and twenty minutes end to end; • Four existing Sunline 40-foot standard urban buses refurbished; and • Next steps. Robert Yates introduced and expressed apprec1at1on to Mikel Oglesby and Joe Forgiarini, Sunline, and Larry Rubio and Tom Franklin, RTA, as they were instrumental in the implementation of this service. In response to Commissioner Scott Matas' question if in the future if there will be additional stops, Robert Yates replied that while additional stops may be added, it must be done strategically in order to avoid excessive running as it is already a substantial trip. Commissioner Greg Pettis expressed gratitude to the agencies as this is an excellent service and the first step for full passenger rail service in the Coachella Valley. He then requested clarification regarding the cost for the all day fare and one-way trip fare. Larry Rubio replied the all day pass provides added benefits for commuters to transfer to RT A and Sunline local services. Commissioner Foat expressed disappointment on behalf of the city of Palm Springs that there is no stop located in Palm Springs. She stated there is space available and encouraged staff to look into a future stop in the city of Palm Springs. Mikel Oglesby explained the route went from the city of Palm Desert westerly out was due to running time. With the available funding, the next focus will be on connectivity within the Coachella Valley. Commissioner Ashley expressed gratitude for this project and commended the agencies . Riverside County Transportation Commission Minutes September 12, 2012 Page 12 Commissioner Harnik expressed appreciation as this is a great service for the Coachella Valley. In response to Commissioner Matas' question regarding a stop in the city of Rancho Mirage, Mikel Oglesby replied that could be included in the connectivity focus. Chair Benoit expressed apprec1at1on to Mikel Oglesby for attending the Commission meeting and all of his hard work to make this plan come to fruition as it is an excellent service. Anne Mayer expressed gratitude to Mikel Oglesby and Larry Rubio for their agencies' hard work. 11. STATE AND FEDERAL LEGISLATIVE UPDATE Aaron Hake, Government Relations Manager, presented the bill positions and an overview of state and federal legislative activities. In response to Commissioner Spiegel's request for an update on the Commission's membership as it relates to SB 1225 (Padilla), Aaron Hake stated in Sacramento, the Commission has remained neutral and educated the delegation on the issue. Anne Mayer explained from the administrative stand point, for several months other members have consistently expressed their support for the Commission's inclusion as a voting member of the Los Angeles-San Diego-San Luis Obispo · Rail Corridor Agency. Commissioner Spiegel expressed concern regarding SB 878 and believes the Commission should adopt an oppose position as this bill needs to be evaluated in terms of protection for the local agencies. She recommended staff prepare a letter in opposition for SB 878. Chair Benoit concurred with Commissioner Spiegel's comments. At Commissioner Pettis' request, Aaron Hake provided a detailed overview of SB 878. Commissioner Roger Berg requested to comment after the motion passed. Commissioner Harnik expressed her opposition to SB 878. • • • • • • Riverside County Transportation Commission Minutes September 12, 2012 Page 13 In response to Commissioner Mary Craton's question as to why the Commission has remained neutral on SB 878, Anne Mayer replied Commission staff did not bring a position on this specific bill because most of the detail on this bill and specifically the amendments were published in August and there were no policy meetings to discuss this with the Commission. She provided details of the amendments that staff felt lessened the impact and stated staff concurs with the Commission's position to oppose the bill. M/S/C (Spiegel/B. Benoit) to: 1 ) Receive and file an update on state and federal legislation; and 2) Adopt an oppose position on SB 878 (DeSaulnier). Abstain: Hernandez and Pettis Commissioner Roger Berg expressed concern for AB 2405 (Biumenfield) due to its inequity and recommended seeking other options. Chair Benoit concurred with Commissioner Berg's comments . Anne Mayer stated those arguments were reiterated by many throughout California at the hearings. She assured the Commission that staff will continue to monitor bills of this nature and work collaboratively with the partner agencies. She then provided a brief update on MAP-21 and the Commission's activities as well as the impacts of the pension reform bill. At this time, Commissioners Scott Miller and Darcy Kuenzi left the meeting. 12. ITEM(S) PUllED FROM CONSENT CALENDAR 8P. COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE REIMBURSEMENT OF CONSTRUCTION FREEWAY SERVICE PATROL COSTS Commissioner Roberts requested the Commission's involvement to get Freeway Service Patrol (FSP) services at the French Valley interchange due to severe traffic congestion and accidents. Anne Mayer replied staff will work with city of Temecula staff and Caltrans to address the situation. She stated FSP funding related to construction comes out of the cost of the construction project. She explained the city of Temecula may have to make budget adjustments for the project to pay for FSP, but it is feasible to do so. Riverside County Transportation Commission Minutes September 12, 2012 Page 14 M/S/C (Roberts/Hanna) to: 1) Approve Agreement No. 12-45-074-01, Amendment No. 1 to Agreement 12-45-074-00, with the Stat~ of California Department of Transportation (Caltrans) for Freeway ·Service Patrol (FSP) in various construction areas in Riverside County for a revised amount not to exceed $2.5 million; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 13. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 13A. Commissioner Spiegel expressed concern about incidents along Metrolink lines where trains have been delayed or stopped. She expressed appreciation to RT A for stepping up and transporting the riders. 13B. Commissioner Rick Gibbs announced a ribbon cutting ceremony will be held on September 13 for the 1-1 5/California Oaks Road interchange project. 13C. Anne Mayer: • Welcomed Basem Muallem, Caltrans District 8 Director, to the Commission; Chair Benoit concurred with Anne Mayer's comments and expressed gratitude for his responsiveness. • Commission staff will be traveling to Washington, D.C., to formally submit the Commission's TIFIA loan application for the State Route 91 Corridor Improvement Project (SR-91 CIP); • A . SR-91 CIP public information meeting will be held on Thursday, September 27; and • The Mobility 21 Conference will be held on Friday, September 28 with a VIP Reception on Thursday, September 27. At this time, Commissioner Steven Hernandez left the meeting. 14. CLOSED SESSION 14A. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) Case Number(s): RIC 1211222 and RIC 1113896 • • • • • • Riverside County Transportation Commission Minutes September 12, 2012 Page 15 14B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 138-030-026 Agency Negotiator: Executive Director or Designee Negotiating Parties: As Listed 1) Lanterra (Broker) I Eagle Pacific Automotive, Inc. Jeff Ottman, President I Oscar Etemadian, Chief Operating Officer 2) Mariman & Company Shawn R. Boyd, Vice President 3) Peninsula Retail Partners, LLC Brett Del Valle, Managing Partner Geoffrey Fults, Partner 4) Steven Walker Communities Steve Berzansky, Principal Under Negotiation: Price and Terms of Payment Agenda Item 14B was taken before Agenda Item 14A . After Agenda Item 14B was presented, Commissioner Greg Pettis left the meeting. Chair Benoit recused himself from Agenda Item 14A, Case No. 1113896. There were no announcements from the Closed Session items. 15. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting was adjourned at 11:10 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, November 14, 2012, in the Board Room, at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California. Respectfully submitted, Jennifer Harmon Clerk of the Board • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 10, 2012 TO: Riverside County Transportation Commission FROM: William Von Klug, Right of Way Manager THROUGH: Anne Mayer, Executive Director Resolution of Necessity for the Acquisition of a Fee Interest in Portions of Certain Real Property by Eminent Domain, for Freeway SUBJECT: Purposes, Including the Widening and Maintenance of State Route 74 Between Calvert Avenue and California Avenue, in Riverside County, California, and Related Improvements STAFF RECOMMENDATION: This item is for the Commission to: 1 ) 2) 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; Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owners; and 3) Adopt Resolution of Necessity No. 12-003, "Resolution of Necessity for the Acquisition of a Fee Interest in Portions of Certain Real Properties, by Eminent Domain, for Freeway Purposes, Including. the Widening and Maintenance of State Route 74, Between Calvert A venue and California A venue, in Riverside County, California, and Related Improvements, More Particularly Described as Assessor Parcel Nos. 465-040-018, 465-040-019, and 465-040-020 (Caltrans Parcel No. 22058-1 ). , BACKGROUND INFORMA TJON: The Commission is being asked to consider the adoption of a · resolution of necessity declaring its intent to acquire an interest in portions of certain real property through eminent domain proceedingsfor freeway purposes, including the Agenda Item 6 1 widening and maintenance of the highway located between Calvert Avenue and ~alifornia Avenue ~ in Riverside County, California and related 1 mprovements. 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 the operation and safety of traffic on SR-7 4 by bringing the lanes, median and shoulders into compliance with Highway Design Manual standards. The project would also improve the safety to traffic on the north leg of Calvert Avenue by realigning Calvert Avenue to join SR-74 at a 90-degree angle. A preliminary title report was obtained from Lawyers Title Insurance Company to confirm and identify the record owners of the parcels affected by the project. The Commission then served the affected property owners with a notice of the Commission's decision to appraise the property. The Commission had the property appraised and made an offer to the record owners. Negotiations have been unsuccessful for the purchase of the property; however, the adoption of a resolution of necessity for the property will not prevent negotiations from continuing. • Since an agreement has not been reached with the owners of record, it may be • necessary to acquire the parcels described in the attachments by eminent domain. The initiation of the eminent domain process is accomplished by the Commission's adoption of a resolution of necessity for the affected property. Description Of Property To Be Acquired Project Parcel Number 22058-1 is owned by Daniel Duane Koby and Alan Edward Koby, and is located in Riverside County, California. The property is an unimproved, vacant lot, with no situs address. A fee interest in the portions of the Larger Parcel is necessary for the project. Project Description The project will provide for the widening of the highway along a portion of SR-7 4 between Calvert Avenue and California Avenue, in Riverside County, California. Hearings And Required Findings The action requested of the Commission at the conclusion of this hearing is the adoption of a resolution of necessity, authorizing the acquisition of real property interests by eminent domain. The property owned by the Koby Ownership is identified in the legal descriptions and depicted on the map attached as Exhibit II 1. II Agenda Item 6 2 • • • • 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 a manner that will be most compatible with the greatest public good and the least private injury; 3. The real property to be acquired is necessary for the project; and 4. The offer of just compensation has been made to the property owners. Notices of the hearing were sent by first class mail to the property owners, and stated the Commission's intent to consider the adoption of a resolution, the right of each person to appear and be heard on these issues, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard. The Commission has scheduled this hearing at which all persons who filed a written request within 15 days of the date of notice was mailed may appear and be heard. The Commission's legal counsel mailed the required notice to the Koby property owners on September 24, 2012, in accordance with the California Code of Civil Procedure, section 1245.235 . Th I . . d ~~t . h c . . d e property owners were a so mv1te to~ w1t omm1ss1on an Caltrans staff to address any concerns the property owners have with the design of the project in the manner proposed and the necessity of the acquisition. The four required findings are addressed as follows: 1. Public Interest And Necessity Require The Proposed Project 2. The acquisition of the property is necessary to construct the project, which will reduce traffic congestion and enhance safety. The proposed project would improve the operation and safety of traffic on SR-74 by bringing the lanes, median and shoulders into compliance with Highway Design Manual standards. The proposed project would also improve the safety of traffic on the north leg of Calvert Avenue by realigning Calvert Avenue to join SR-74 at a 90-degree angle. The Project Is Planned Or Located In A Manner That Will Be Most Compatible With The Greatest Public Good And The Least Private Injury A thorough analysis was conducted to find the single best location for this Project. Environmental analyses and findings indicate this site uniquely satisfies the engineering, public health, and environmental issues, and this Agenda Item 6 3 location is the most compatible with the greatest public good. It is also the location with the least private injury. 3. The Property Sought To Be Acquired Is Necessary For The Proposed Project As described above, a careful analysis was performed regarding location and what property and property rights were needed, and this parcel meets all the desired characteristics for the construction of the improvements for the project. There will be no necessity for the relocation of any residences or business as the result of this Project. 4. The Offer Of Just Compensation Has Been Made An appraisal and an appraisal review were prepared by the Commission's appraisers, Scott A. Lidgard, MAl, CCIM, and Sharon A. Hennessey, MAl, respectively, to establish the fair market value of the real property the Commission is seeking to acquire from the interests owned by the property owners identified herein. An offer of just compensation was made to the property owners to purchase the property interest, based on the approved appraisal, as required by Section 7267.2 of the California Government Code. Although a negotiated settlement may still be possible, it would be appropriate to commence the procedures to acquire the properties through eminent domain, to ensure that the property will be available to meet the time frames associated with the construction of the project. Environmental Analysis Compliance with the California Environmental Quality Act (CEOA) has been satisfied by the adoption of a Categorical Exemption on June 2, 2005 and CEOA Revalidation on June 23, 2009. Fiscal Impact There is no fiscal impact. Notice of Public Hearing A Notice of Hearing was mailed on September 24, 2012, to the owners of record of the Koby property. Attachment: Resolution No. 12-003 Agenda Item 6 4 • • • • RESOLUTION NO. 12-003 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN PORTIONS OF CERTAIN REAL PROPERTY, LOCATED IN RIVERSIDE COUNTY, CALIFORNIA, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBERS 465-040-018, 465-040-019 AND 465-040-020 (PROJECT PARCEL NO. 22058-1), FOR FREEWAY PURPOSES, INCLUDING THE WIDENING AND MAINTENANCE OF IMPROVEMENTS TO STATE ROUTE 74 BETWEEN CALVERT AVENUE AND CALIFORNIA AVENUE, IN RIVERSIDE COUNTY, CALIFORNIA, AND RELATED IMPROVEMENTS WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Nos. 465-040-018, 465-040-019 and 465-040-020 (Caltrans Parcel No. 22058-1), for Freeway Purposes, including the Widening and Maintenance of Improvements to State Route 74 between Calvert Avenue and California Avenue, in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and • WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, October 10, 2012 at 9:30 a.m., at the County Administration Center, 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. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for freeway purposes, including the widening and maintenance of the highway on State Route 74, between Calvert Avenue and California Avenue, in Riverside County, California, and related improvements. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibits "A" and "B" are the legal descriptions and plat maps of the interest 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 Exhibits "A" and "B" 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 interest 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 1240.51 0 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. • • • • • • Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public 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 the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property 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 1Oth day of October, 2012. Karen Spiegel, Vice Chair Riverside County Transportation Commission ATIEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission • • • EXHIDIT'A' LEGAL DESCRIPTION Those portions of Parcels 2, 3 and 4 of Parcel Map No. 11932, filed in Book 61, Page 92 ofMaps, Records ofRiverside County, located in the Section 14, Township 5 South, Range 2 West, S.B.M., Com1ty of Riverside, State of California, and more particularly described as follows: Commencing at the intersection of the northerly prolongation of the easterly line of said Parcel Map with the centerline of Highway 74, both as shown on said Parcel Map; thence along said easterly line South 00°36'30" West 75.00 feet to a line parallel with and distant 75.00 feet southerly of said centerline Highway 74; thence along said parallel line Nm1h 89°41' 12" West 30.00 feet to the easterly line of said Parcel 4 being the True Point of Beginning; thence continuing along said parallel line North 89°41'12" West 539.13 feetto the beginning of a curve concave southeasterly having a radius of 1500.00 feet; thence westerly and southwesterly along said curve an arc length of 1159.04 feet through a central angle of 44°16'20"; thence South 46°02'28" West 27.55 feet; thence South 54~5'05" West 23.08 feet to the westerly line of said Parcel2; thence along said westerly line North 00°41'48" East 54.22 feet to the southerly line of State Route 74 as shown on said Parcel Map, being the beginning of a non-tangent curve concave southeasterly having a radius of 1549.86 feet, a line radial to said beginning bears North 43°23'40" West; thence northeasterly and easterly along said i curve and said southerly line an arc length of 1182.30 feet through a central angle of 43°42'28"; thence continuing along said southerly line the following two (2) courses; 1. South 89°41' 12" East 530.36 feet; 2. South 44°36'51" East 32.60 feet to said easterly 1ine ofParcel4; thence along said easterly line South 00°36'30" West 1.92 feet to the T1·ue Point of Beginning. 08-RIV-074-34.8-22058(22058-1) EXHIBIT 1, PAGE 1 8 The above described parcel contains 52,614 square feet (1.21 acres) more or less The Basis of Bearings for this survey are based upon the North Ametican Datum of 1983 (NAD83) ofthe California Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.999910987 to obtain ground distances. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State ofCalifomia. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date 08-RIV-.074-34.8-22058(22058-1) EXHIBIT 1, PAGE 2 9 • • • • • EXHIBIT SEE SHEET 2 FOR RIGHT OF WAY DEDICATION LEGEND ,8 , PROPOSED RIGHT OF WAY DEDICATION P.O.C. T.P.O.B. TOTAL DEDICATION POINT OF COMMENCEMENT TRUE POINT OF BEGINNING 52,614 SF BASiS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983 (NAD83) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CC$83), ZONE VI, 2007.00 EPOCH. DISTANCES ARE GRID. DIVJD BY 0.999910987!0 OBTAIN GROUND DISTANCES THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: (1_.~ SIMENTAL, PLS 5022 ~b~\\ DATE 2 0 0 ,.: ~ ;; 8 0 l ~ ~ r-------------------4~ SHEET 1 OF 2 , ~--~~~~=-~----;8 SCALE: o ~------------------;§ ~--------------------------------------------,---------------------4-----D_R_A_F_TE_D_: __ AA_P ____ -4~ • P S 0 M A S 1-__ c_H_EC_K_EO_: _S_Ms __ -1: LOCATION: _ 1500 lowo A~e. Sulle 210 DATE: 08/.31/2011 ~ Rtversl<le, Co 92507 1----------=----=---------1 z (951) 787-8421 ww••.p•omos.com JOS NO: 4AEC010100 12 L-------------------~----------------~====~~~~----------------~------------------~~ EXHIBIT 1, PAGE 3 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 10 FOUR SEASONS DRIVE w z ..J :z: 0 1-- u w Vl S'L Y LINE SR 74 -----.. f-1 l.-o· 1oo· 2oo' j ! I SCALE: 1";;200' LOCATION: EXHIBIT PARCEL 4 DOC. NO. 2000-163645 "B" NOTE: SEE SHEET 1 FOR LEGEND AND BASIS OF BEARINGS COUNTY OF RIVERSIDE SECTION 14, TOWNSHIP 5 SOUTH, RANGE 2 WEST, S.B.M. ,_ 3: z :c 0 ~<:>• ;::w Uz w~ Vl..J E'LY LINE PM NO. 11932 ~~ ~ PARCEL 22058-1 0 IJj 1'1 tO t() AREA=52 ,614 SF !J.! PARCEL 3 'N ::-DOC. NO. 2000-163645 ~ !!) v ,.,., 0 -0 mt.O 0 m'; 0 Vlo Vl ,.,.., lO I + y DETAIL NTS PM NOD 11932 PMB 61/92 PARCEL 2 DOC. NO. 2000-16364 5 N°00'41 '4S"E 54.22' PSOMAS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 1500 lowo Ave, Suile 210 River side, Co 92507 (951) 767-8421 www.psomos.<:om EXHIBIT 1, 4 11 THE COMMISSION IS REQUESTED TO MAKE THE FOLLOWING FINDINGS: 1. The public interest and necessity require the proposed project; 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; 3. The real property to be acquired is necessary for the project; and 4. The offer of just compensation has been made to the property owner. ~~~;-'. nY'i''',:, , ,,, , ;·"";-::?<;\,·.,,~~ Riwtrside (GUidy Trampllllalion Conunmioa Lake 'ElSinore I u Mdi'M.a«-SI ~ "' ~ 12 if !a 12 ® . "' ®t l 0 E 12 'i \ ~ EII~A>Ie Conyon lake ,I ~-~ .. <#' C""YM RO l.inl<Set \. Summerly [ w Sedco HAlo ~· v i ,<:a, !a " ... ~ « "'\ 1 a: l R·d@f Sl "':i i ~ ~ ;i "'# <f. .... ~ 1' :r .._.,.!' Lakevtew f ,. ~ Com~ Ave .,, # .qa,.,ooa EU>v .. \ \ r\I.H!·.-oRd !.Jue .. o Rd Nuevo ~'. \.-1'" Pem&' ® "~ ..... ;.. & J Pems Valtey An-port + c, v -~'v ~ ~ -~· ~ . • ~ S...C.ty Plumbc>g I ,. Romoland .J ...,c.,.6"" Sun City ll'~ ~· ;l' N41~Rd Menrlee la)l:es eo.r.t<Yc;...," Menifee y.tJI·ll"-oRcJ JCanyllt'I~CI ~I . "1 Sc::or. _R:d• II .. v f ~ • ® Prntcalto.Rd Homaland I ;:: i \\ ~ • Double Butte eo..r.ty Park SirnP$oCI'l Ra ~ /"~ ......... Q I ,--! Scot1 Rd -~ \ '\ ~ ~ Ptnacate Rd ::< ~ l ~ 1 ~ -Nf.pl WI'IChft!er S.rnp:s.on Rd ® o., ... ~"""' > ' I ~ ® ll'c ~ ... ,11 '>' r ~ \ )> ... @ [ Gokleo Era GolfCourw ftam<Yia E."(t))' ~ • San Jacinto ~ ~ River Park @ WI!' \ r:p Cottorw.ood Ao~e ~ VJ San Jacinto ~ W_71h$1 i !a WE~A~eL¥1 z z EE"'""'""~ .. [ -~ Sl)fingo CounlryCU> r 7. 1:' ~ 12 i ~ ® ~0 ... .o._.+-~..;ve ..... > ~ w '"""" • .,., Hemet f'OfloaA,.. ® w....,,A,. E FIQnd.aAve "' + i Hemet-Ryan !t Airport § ~ East Hemet YIJonr~onA .... E Jr.oM$tonAvt: VVSt~&OI"'Ave ~ t Stto!SOn A.,.a Stetson A·~ ~ 12 Do~ 'p<t"",. i 12 Botr Rd iJ 'j ~ CoRdR3 [ O.emondValey Go41Ciub "' -~ ~ J ! '!/ f'lortd.aAwe. Project Location v ... v .... , i ~ Mop doll•@2012 Googl<-( en ;;u .!._a ~ 0 c ... < I'D ~ -· c. I'D :::s -· :::s u::t ., ... ~. I'D n ,.... Combined area of 3 Parcels-43.05 acres {1,875,629 sq ft) N l Exis-t R/W "A" LINE Exist PROPOSED Rn R(W I_ 25'-55' c r Additional Rfw--; 1 _ 1 LANE *2 1 LANE #1 1 LEFT TURN 1 LANE #1 1 LANE #2 1 a· r 1~ ... ,., ..... uJ •1111 .... •• """" .,. ... Shld.,. J --· ---- ---=:=----~-------·-l!:--E-::-_____ -_ _:-_:---·-_-_----ADDITIONAL ROADWAY WIDTH ROUTE 74 CROSS SECTION llwlirrUtw.tt......-..c:--EARTHEN DlTCH I I I 7~-- HISTORY OF EFFORTS TO RESOLVE DIFFERENCES • The offer to acquire the property was made on May 9, 2011. The owners were offered the full amount of the appraised value of the property. • There were over 60 contacts (meetings, phone calls, and letters) with the property owners attempting to resolve issues. • RCTC standard process was followed in addition to two Condemnation Panel Review hearings. ;:;';:-•. ':·. ,·~ ' ' .~f .. :.:.,;:,.; '':'·'·''·'-"''''". ·.,,,,-~ liwrJM(AJitt~c-- CHANGES TO DESIGN AND UNRESOLVED ISSUES • Several changes were made to the plan as result of discussions with the owners. • Other concerns of the owners were addressed appropriately . • The owners declined to attend a second lholrilill Witt ...,_.c.--Condemnation Panel Review hearing though several proposed dates were offered to them on more than . one occas1on. STAFF RECOMMENDS THE COMMISSION ADOPT A RESOLUTION OF NECESSITY BASED ON THE FOLLOWING FINDINGS 1. The public interest and necessity require the proposed project; 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; 3. The real property to be acquired is necessary for the project; and 4. The offer of just compensation has been made to the property owner. '::j~ .····~ -:·J~::.~ ·;·.·. llwnliiW!fw ......... C..- LAW OFFICES CHARLES D. CUMMINGS GARY A. KOVACIC KARYN A. McCREARY D. DANIEL PRANATA THERESA M. PRANATA SULLIVAN, WORKMAN & DEE, LLP OF COUNSEL HODGE L. DOLLE, JR. THOMAS E. O'SULLIVAN ROGER M. SULLIVAN SHERRILL Y. TANIBATA+ HENRY K. WORKMAN + Certified Specialist in Estate Planning, Trust & Probate Law VIA FEDERAL EXPRESS A LIMITED LIABILITY PARTNERSHIP SUITE 1200 800 SOUTH FIGUEROA STREET LOS ANGELES, CALIFORNIA 90017-2521 TELEPHONE (213) 624-5544 TOLL FREE (800) 717-4990 FACSIMILE (213) 627-7128 October 8, 2012 JOHN J. DEE (1941-2003) AUTHOR'S EMAIL ADDRESS gkovacic@swdlaw.net Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor RIVERSIDE COUNTY TRANSPORTATION COMMISSION Riverside, CA 92501 Re: Hearing on Proposed Resolution ofNecessity SR-74 Realignment Project Subject Property: APNs 465-040-18, -019 and -020 Our Clients: Daniel D. Koby and Alan E. Koby Dear Ms. Harmon: Reference is made to the Notice oflntent to Adopt Resolution ofNecessity concerning the above-referenced matter dated September 24, 2012 (copy enclosed). Our clients, the owners of the subject property, hereby request an opportunity to appear and be heard concerning objections to the adoption of the proposed Resolution of Necessity at the hearing set for October 10, 2012 at 9:30 a.m. at the Riverside County Administration Building, Broad of Supervisors Chambers, 4080 Lemon Street, Riverside, California. This matter involves the taking of portions of our clients' property. Our clients' objections to the adoption of the proposed Resolution ofNecessity are based, in part, on the following grounds: • The project is neither planned nor located in the manner that will be most compatible with the greatest public good and the least private injury. • Certain property interests sought to be acquired are not necessary for the project. • The Legal Description appears to be incorrect. Jennifer Harmon Riverside County Transportation Commission October 8, 2012 Page 2 In the alternative, our clients request that this hearing be continued for at least thirty (30) days so that a meeting can be held with appropriate RCTC representatives (including project engineers) to conclude ongoing discussions concerning the proposed project and the requisite extent of the proposed takings. Our clients and their engineers remain uncertain about certain aspects ofthe proposed project including, but not limited to, access, location of traffic signals, and relocation of utilities. In addition, it is our understanding that RCTC and OPC personnel have contacted our clients' engineers directly without appropriate authorization from our clients. Unless RCTC agrees to pay for any and all time expended by said engineers in response to said contacts, we continue to request that all contact by RCTC, OPC, and/or their employees, representatives and agents, be directly with our clients or through this office. Our clients reserve all their rights, claims, and remedies in the proposed eminent domain action. If you have any questions or comments, please contact this office at your earliest convenience. GAK/LL Enclosure cc: Daniel D. Koby Alan E. Koby Very truly yours, ti~A~ SULLIVAN, WORKMAN & DEE, LLP NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, October 10, 2012 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in portions of certain real property for public use which, according to the la<;t equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of the curve on the State Route 74, between Calvert A venue and Four Seasons Drive, and between Four Seasons Drive and California Avenue, in Riverside County, California. The description of the property to be acquired is attached as Exhibit "1" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. ' .. Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: tf DATED: September_~ 2012. +577-L!iXJ I 0\75'J5ilX!ll Wednesday, October 10, 2012 9:30a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 MonaNemat Attorneys for Riverside County Transportation Commission EXHmiT'A' LEGAL DESCRIPTION Those portions of Parcels 2, 3 and 4 of Parcel Map No. 11932, flied in Book 61, Page 92 of Maps, Records of Riverside County, located in the Section 14, Township 5 South, Range 2 West, S.B.M., County of Riverside, State of California, and more particularly described as follows: Commencing at the intersection of the northerly prolongation of the easterly line of said Parcel Map with the centerline of Highway 74, both as shown on said Parcel Map; thence along said easterly line South 00°36'30" West 75.00 feet to a line parallel with and distant 75.00 feet southerly of said centerline Highway 74; thence along said parallel line North 89°41 '12" West 30.00 feet to the easterly line of said Parcel4 being the True Point of Beginning; thence continuing along said parallel line North 89°41 '12" West 539. I 3 feet to the beginning of a curve concave southeasterly having a radius of 1500.00 feet; thence westerly and southwesterly along said curve an arc length of 1159.04 feet through a central angle of 44°16'20,; thence South 46°02'28" West 27.55 feet; thence South 54°25'05" West 23.08 feet to the westerly line of said Parcel2; thence along said westerly line North 00°41'48" East 54.22 feet to the southerly line of State Route 74 as shown on said Parcel Map, being the beginning of a non-tangent curve concave southeasterly having a radius of 1549.86 feet, a line radial to said beginning bears North 43°23'40" West; thence northeasterly and easterly along said , curve and said southerly line an arc length of 1182.30 feet through a central angle of 43°42'28"; thence continuing along said southerly line the following two {2) courses; 1. South 89°41 '12" East 530.36 feet; 2. South 44°36'51 11 East 32.60 feet to said easterly line of Parcel 4; thence along said easterly line South 00°36'30" West 1.92 feet to the True Point of Beginning. 08-RIV-074-34.8-22058(22058-l) The above described parcel contains 52,614 square feet (1.21 acres) more or less The Basis of Bearings for this survey are based upon the North American Datum of 1983 (NAD83) of the California Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.999910987 to obtain ground distances. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. This conveyance is made for the pu1pose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date 08~RIV ~ 074-34.8-22058(22058-1) I OCA nmt: EXHIBIT SEE SHEET 2 FOR RIGHT OF WAY DEDICATION "8" LEGEND P.O.C. T.P.O.B. PROPOSED RIGHT Of WAY DEDICATION POINT OF COMMENCEMENT TRUE POINT OF BEGINNING TOTAL DEDICATION 52 ,614 SF BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983 (NADBJ) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE Vf, 2007.00 EPOCH. DISTANCES ARE GRID. DIVJD BY 0.999910987TO OBTAIN GROUND DISTANCES THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: ~~-~\\ DATE PSOMAS l:iOO !owo Ave~ Sutte 210 Ri..,si<le, Ca il2!><)7 (9:01) /!l!-11.411 "'WW,f'~t>S:Mm DATE: U8/Jt /201 l JOR NO: 4A[C(HC100 . : z 0 ...... 1-u w til --..t-1- (}' 100' 200' l ;j SCALE: 1"=200' !---·····-··-----·-·--- EXHIBIT PARCEL 4 DOC. NO. 2000-163645 •.:UUNfY m P.i'/::.RStD!:., :;rArE OF CALifORNIA COUNTY NOTE: SEE SHEET 1 FOR LEGEND AND BASIS OF BEARINGS OF RIVERSIDE SECTION 14. TOWNSHIP 5 SOUTH, RANGE 2 WEST, S.B.M. E'LY LINE 0 If) . I") co If) .!J-1 N ~ ' -v () ' <tieD <X>~"'~ 1/)ci I") Ill t t DETAIL NTS PM NO. 11932 PMB 61/92 PARCEL 2 DOC. NO. 2000-163645 "A" PSOMAS CI!ECK£0: $! .. 6 1500 iQwO A..,, S...ih1 2Hl <livefSitlt!, c.a i!L!:IU/ (9St) 787-8•21 ....... psomoscom .JOB NO 41\EC0!0100 ----··-·-·- . \ PROOF OF MAILING NOTICE I. Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on September~Ol2, I mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 465-040-018, 465-040- 019 and 465-040-020 (Caltrans Project Parcel Nos. 22058-1); Daniel Duane Koby 20400 Via Zaragoza Yorba Linda, California 92887 Alan Edward Koby 20400 Via Zaragoza Yorba Linda, California 92887 DATED: Septembe&20 12. ,l.'inL2W l 0\7595iHW.l Record Owner Record Owner INDIAN WELLS (760> 568-26 I I IRVINE (949) 263-2600 LOS ANGELES (213) 617-8100 ONTARIO (909) 989-8584 MONA M. NEMAT (95 I) 826-82 I 5 I Ilk BEST BEST & KRIEGER:! ATTORNEYS AT LAW 3390 UNIVERSITY AVENUE, 5TH FLOOR, P.O. Box I 028, RIVERSIDE, CA 9250 I PHONE: (95 I) 686-1450 I FAX: (95 I) 686-3083 I WWW.BBKLAW.COM MONA. NEMAT@BBKL.AW .COM September 24, 2012 SACRAMENTO (916) 325-4000 SAN DIEGO (619) 525-1300 WALNUT CREEK (925) 977-3300 WASHINGTON, DC <202) 785-()600 Jennifer Harmon Clerk of the Board VIA HAND DELIVERY Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 Dear Jennifer: Re: RCTC/SR74 Curve Widening Property Ownership: Koby Original Notice of Hearing to Property Owners of Resolution ofNecessity Hearing Scheduled for October 10, 2012 Attached is the original Notice of Hearing to Property Owners, with proof of mailing, of the hearing on the Resolution of Necessity which is scheduled for October 10, 2012. The original Notice was mailed on September 24, 2012. It will be necessary for you to note the proof of mailings of the at the hearing. The remaining documents needed for the hearing (Resolution of Necessity, Agenda Report, Memorandum from Legal Counsel) have been provided in draft form to Gina Gallagher for her review and revision. She will provide the finalized versions to you prior to the hearing. Please do not hesitate to contact me, should have any questions. for BEST BEST & KRIEGER LLP Attachments copy: Gina Gallagher, Senior Right ofWay Agent (w/Attachment) 17336.02700\7600313.1 NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, October 10, 2012 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of the curve on the State Route 74, between Calvert Avenue and Four Seasons Drive, and between Four Seasons Drive and California Avenue, in Riverside County, California. The description of the property to be acquired is attached as Exhibit "1" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 45774.20010\7595880.1 ' \ Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: September ~/2012. 45774.20010\7595880.1 Wednesday, October 10, 2012 9:30a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 MonaNemat Attorneys for Riverside County Transportation Commission EXHIBIT 'A' LEGAL DESCRIPTION Those portions of Parcels 2, 3 and 4 of Parcel Map No. 11932, filed in Book 61, Page 92 of Maps, Records of Riverside County, located in the Section 14, Township 5 South, Range 2 West, S.B.M., County of Riverside, State of California, and more particularly described as follows: Commencing at the intersection of the northerly prolongation of the easterly line of said Parcel Map with the centerline of Highway 74, both as shown on said Parcel Map; thence along said easterly line South 00°36'30" West 75.00 feet to a line parallel with and distant 75.00 feet southerly of said centerline Highway 74; thence along said parallel line Nmih 89°41 '12'' West 30.00 feet to the easterly line of said Parcel4 being the True Point of Beginning; thence continuing along said parallel line North 89°41'12" West 539.13 feet to the beginning of a curve concave southeasterly having a radius of 1500.00 feet; thence westerly and southwesterly along said curve an arc length of 1159.04 feet through a central angle of 44°16'20"; thence South 46°02'28" West 27.55 feet; thence South 54°25'05" West 23.08 feet to the westerly line of said Parcel2; thence along said westerly line North 00°41'48" East 54.22 feet to the southedy line of State Route 74 as shown on said Parcel Map, being the beginning of a non-tangent curve concave southeasterly having a radius of 1549.86 feet, a line radial to said beginning bears North 43°23'40" West; thence nmtheasterly and easterly along said I curve and said southerly line an arc length of 1182.30 feet through a central angle of 43°42'28"; thence continuing along said southerly line the following two (2) cow·ses; 1. South 89°41 '12" East 530.36 feet; 2. South 44 °36'51" East 32.60 feet to said easterly line of Parcel 4; thence along said easterly line South 00°36'30" West 1.92 feet to the True Point of Beginning. 08-RIV-074-34.8-22058(22058-1) EXHIBIT A, PAGE 1 The above described parcel contains 52,614 square feet (1.21 acres) more or less The Basis of Bearings for this survey are based upon the North American Datum of 1983 (NAD83) of the Califomia Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.999910987 to obtain ground distances. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of Califomia. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date 08-RIV-074-34.8-22058(22058-1) EXHIBIT A, PAGE 2 EXHIBIT SEE SHEET 2 FOR RIGHT OF WAY DEDICATION "8" LEGEND P.O.C. T.P.O.B. PROPOSED RIGHT OF WAY DEDICATION POINT OF COMMENCEMENT TRUE POINT OF BEGINNING TOTAL F DEDICATION 52 •614 S BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983 (NAD83) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE VI, 2007.00 EPOCH. DISTANCES ARE GRID. DIVJD BY 0.999910987TO OBTAIN GROUND DISTANCES THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: ChhL SIMENTAL, PLS 5022 2 (!) 0 >' ~ "\ ~ u '$ ~ <3 ~ >- '5! .-----------------_,; ~--~S~H=EE~T~1~0~F~2~ __ _,g SCALE: o ~----------------_,§ DRAFTED: AAP ':t ~------------------------------------------,--------------------+-----------------~.~ p 5 0 M A s CHECKED: SMS ,;; 1500 Iowa Ave, Suite 210 DATE: 08/31/2011 ~ Riverside, Co 92507 ~-----____;____;~---_, !l COUNTY OF R!VERSIDE, STATE OF CALIFORNIA LOCAfiON: (951) 787-8421 www.psomos.com JOB NO: 4AEC010100 o ~--------------------------=~~~~~~~-----------~----------------~~ EXHIBIT A, PAGE 3 w z _J z 0 1-u w Vl S'LY LINE SR 74 --.,;--._- o' 1oo· 2oo· SCALE: 1 "=200' -..,. 0 m co z EXHIBIT "8" COUNTY PARCEL 4 NOTE: SEE SHEET 1 FOR LEGEND AND BASIS OF BEARINGS OF RIVERSIDE DOC. NO. 2000-163645 SECTION 14, TOWNSHIP 5 SOUTH, RANGE 2 WEST, S.B.M. PAR 1 • 0 <co POC ~~ QQ !NT E'LY LINE PM 11932 WI It SR74' PMB 61/92 E'LY LINE PM NO. 11932 S00° 36 '30"W ~ I'F'-5_..::.5.z..O~.O:..::::O~ ~<.:>· E~ \' ~ PARCEL 22058-1 w-Vl.J 0 I{) . ,...., co l() AREA=52,614 SF ~ ~-= N PARCEL 3 N O"! :-,...., DOC. NO. 2000-163645 -(() ..,. ,...., 0 -0 mc.o co"'! 0 0 Vlo Vl ,...., l() t t DETAIL NTS PM NO. 11932 PMB 61/92 PARCEL 2 DOC. NO. 2000-163645 S46°02'28''W 27.55' S54°25'05"W 23.08' N°00'41 '48"E - -"" ~~ o) ~OJ ,...., l() -J .,._"' JJ: ltJ .,._ .,._ N (_) {.0 --0:::• ... ~0 0 m a_ <co co z ~~ f Qa_ II A II W'LY LINE PAR 2 :z t:> 0 ~ "\ ... 0 0 B w ~ Ill :;! 0 ? ~ N°00'41'48"E 54.22' ~--------------~~ ~---S=H~E~ET~2~0_F~2~--~i SCALE: 1" = 200' 5 ~----------------~0 DRAFTED: AAP :.1 ~---------------------------------------,,-----------------~------~~~~----~~ CHECKED: SMS PSOMAS LOCATION: COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 1500 lowo Ave, Suite 210 Riverside, Co 92507 (951) 787-8421 www.psomos.com PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on Septemberf~o12, I mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 465-040-018, 465-040- 019 and 465-040-020 (Cal trans Project Parcel Nos. 22058-1 ): Daniel Duane Koby 20400 Via Zaragoza Yorba Linda, California 92887 Alan Edward Koby 20400 Via Zaragoza Yorba Linda, California 92887 DATED: Septembe&2012. 45774.20010\7595880.1 Record Owner Record Owner INDIAN WELLS <760l 568·26 I I IRVINE (949> 263-2600 LOS ANGELES <2 I 3) 6 I 7·8 I 00 ONTARIO (909) 989-8584 MONA M. NEMAT !95 I) 826-82 I 5 ..... l~lk BEST BEST & KRIEGER~ ATTORNEYS AT LAW 3390 UNIVERSilY AVENUE, 5TH FLOOR, P.O. BOX I 028, RIVERSIDE, CA 9250 I PHONE: <95 I l 686-1450 I FAX: !95 I l 686-3083 I www.BBKL.AW.COM MONA. NEMAT@BBKLAW. COM May 1, 2012 SAcRAMENTO (9 I 6l 325·4000 SAN DIEGO <6 I 9l 525·1 300 WALNUT CREEK (925> 977-3300 WASHINGTON, DC (202) 785-Q600 Jennifer Harmon Clerk of the Board VIA HAND DELIVERY Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 Re: Dear Jennifer: RIVERSrDE COUNTY RCTC/SR74 Curve Widening TRANSPORTATION COMMISSION Property Ownership: Koby Original Notice of Hearing to Property Owners of Resolution of Necessity Hearing Scheduled for May 9, 2012 Attached is the original Notice of Hearing to Property Owners, with proof of mailing, of the hearing on the Resolution of Necessity which is scheduled for May 9, 2012. The original Notice was mailed on April25, 2012, at the direction of Gina Gallagher. It will be necessary for you to note the proof of mailings of the atthe· hearing. The remaining documents needed for the hearing (Resolution of Necessity, Agenda Report, Memorandum from Legal Counsel) have been provided in draft form to Gina Gallagher for her review and revision. She will provide the finalized versions to you prior to the hearing. Please do not hesitate to contact me, should have any questions. VHr~;o~~~ Mona M. Nemat for BEST BEST & KRIEGER LLP Attachments copy: Gina Gallagher, Senior Right of Way Agent (w/Attachment) 17336.02700\7323517.1 NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, May 9, 2012 at 9:30a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of the curve on the State Route 74, between Calvert Avenue and Four Seasons Drive, and between Four Seasons Drive and California A venue, in Riverside County, California. The description of the property to be acquired is attached as Exhibit "1" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 17336.02700\7395854.1 --------------------------------------------------- Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: April25, 2012. 17336.02700\7395854.1 Wednesday, May 9, 2012 9:30a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: ( ~ )/,if._~ Kendall H. Mac Vey Attorneys for Riverside County Transportation Commission EXHIBIT 'A' LEGAL DESCRIPTION Those portions of Parcels 2, 3 and 4 of Parcel Map No. 11932, filed in Book 61, Page 92 of Maps, Records of Riverside County, located in the Section 14, Township 5 South, Range 2 West, S.B.M., County of Riverside, State of California, and more particularly described as follows: Commencing at the intersection of the northerly prolongation of the easterly line of said Parcel Map with the centerline of Highway 74, both as shown on said Parcel Map; thence along said easterly line South 00°36'30" West 75.00 feet to a line parallel with and distant 75.00 feet southerly of said centerline Highway 74; thence along said parallel line North 89°41' 12" West 30.00 feet to the easterly line of said Parcel 4 being the True Point of Beginning; thence continuing along said parallel line North 89°41'12" West 539.13 feet to the beginning of a curve concave southeasterly having a radius of 1500.00 feet; thence westerly and southwesterly along said curve an arc length of 1159.04 feet through a central angle of 44°16'20"; thence South 46°02'28" West 27.55 feet; thence South 54°25'05" West 23.08 feet to the westerly line of said Parcel 2; thence along said westerly line North 00°41 '48 II East 54.22 feet to the southedy line of State Route 74 as shown on said Parcel Map, being the beginning of a non-tangent curve concave southeasterly having a radius of 1549.86 feet, a line radial·to said beginning bears North 43°23'40" West; thence northeasterly and easterly along said ; curve and said southerly line an arc length of 1182.30 feet through a central angle of 43°42'28"; thence continuing along said southerly line the following two (2) courses; 1. South 89°41 '12'' East 530.36 feet; 2. South 44°36'51 11 East 32.60 feet to said easterly line ofParcel4; thence along said easterly line South 00°36'30" West 1.92 feet to the True Point of Beginning. 08-RIV-074-34.8-22058(22058-1) EXHIBIT 1, PAGE 1 The above described parcel contains 52,614 square feet (1.21 acres) more or less The Basis of Bearings for this survey are based upon the North American Datum of 1983 (NAD83) of the Califomia Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.999910987 to obtain ground distances. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State ofCalifomia. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date 08-RIV-074-34.8-22058(22058-1) EXHIBIT 1, PAGE 2 LOCATION: ·---------------- EXHIBIT SEE SHEET 2 FOR RIGHT OF WAY DEDICATION "8" LEGEND P.O.C. T.P.O.B. PROPOSED RIGHT OF WAY DEDICATION POINT OF COMMENCEMENT TRUE POINT OF BEGINNING TOTAL DEDICATION 52 ,614 SF BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983 (NAD83) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE VI, 2007.00 EPOCH. DISTANCES ARE GRID. DJVID BY 0.999910987TO OBTAIN GROUND DISTANCES THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: (\ ~bl~\\ DATE z 0 n "' ro ~ ;1; 8 u w < / til ;t 0 ?!- )- ~ .-----------------~~ SHEET 1 OF 2 / r---~~~--------~8 SCALE: 5 r-----------------~8 DRAFTED; AAP "' -+-------------------1~ p 5 0 M A 5 1---c_,H_rc_ .• K_Eo_: _s_~v~s __ -t~ COUNTY OF RlVERSIDE, STATE OF CALIFORNIA 1500 lowo Ave, Suite 2Hl DATE: 08/31/2011 E Riverside, Co 92507 1-------------------1 !i (951) 787-8411 www.psotnos.cotn JOB NO: 4AEC010100 o ~-----------------------------------------~--------------------~~~~~~~~----J~ w z -.....J z 0 1-u w Vl S'LY LINE SR 74 _____ ..__ o· 1oo· 2oo· SCALE: 1"=200' PARCEL 4 DOC. NO. 2000-163645 NOTE: SEE SHEET 1 FOR LEGEND AND BASIS OF BEARINGS COUNTY OF RIVERSIDE SECTION 14, TOWNSHIP 5 SOUTH, RANGE 2 WEST, S.B.M. POC ' 0 I{) . 1'0 co I{) w N ~ -<.0 <;J" 1'1") 0 ' m<.O 0 col"'? 0 0 Vlo Vl 1'1") I{) + ~ DETAIL NTS PM NOD 11932 PMB 61/92 PARCEL 2 DOC. NO. 2000-163645 N°00'41 '48"E 54.22' -"' C\JC'\J a) ~Ol 1'1") I{) -.1 r-"' IS= ltJ ...._ r- N (_) {.0 ~ <;J" ct:o 0 ..q:O d'l a_ <co 00 z ~~ , Q_o_ ''A'' W'L Y LINE PAR 2 -------·-~------------.------- LOCATION: COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on April 25, 2012, I mailed a copy of the attached notice by first-class mail to the following owner(s) of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 465-040-018, 465-040- 019 and 465-040-020 (Caltrans Project Parcel Nos. 22058-1, 22058-2 and 22058-3): Daniel Duane Koby 20400 Via Zaragoza Yorba Linda, California 92887 Alan Edward Koby 20400 Via Zaragoza Yorba Linda, California 92887 DATED: April 25, 2012. 17336.02700\7395854.1 Record Owner Record Owner INDIAN WELLS C760) 568-26 I I IRVINE (949) 263-2600 Los ANGELES (2 I 3) 6 I 7-8 I 00 ONTARIO (909) 989-8584 l~lk BEST BEST & KRIEGER~ ATTORNEYS AT LAW 3750 UNIVERSI1'Y AVENUE, SUITE 400, P.O. Box I 028, RIVERSIDE, CA 92502 PHONE: (95 I) 686-1 450 I FAX: (95 I) 686-3083 I WWW.BBKLAW.COM SACRAMENTO (916) 325-4000 SAN DIEGO (61 9) 525-1 300 WALNUT CREEK (925) 977-3300 WASHINGTON, DC (202) 785-()600 MoNA M. NEMAT (95 I> 826-82 I 5 MONA. NEMAT@BBKL.AW .COM ~~ ©~ ~ ~.w ~ m1 m~ FFB 1 4 !td Jennifer Harmon Clerk of the Board February 14, 2012 Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 Re: RCTC/SR74 Curve Widening Property Ownership: Kamensky kiVERS!Ot. C\):_.;1\ r ; TRANSPORTATION COMtv118SIUN VIA HAND DELIVERY Original and Revised Notices of Hearing to Property Owners of Resolution of Necessity Hearing Scheduled for March 14, 2012 Dear Jennifer: Attached is the original and Revised Notice of Hearing to Property Owners, with proof of mailing, of the hearing on the Resolution of Necessity which is scheduled for March 14, 2012. The original Notice was timely mailed on February 10, 2012; the Revised Notice was mailed on February 14, 2012. It will be necessary for you to note the proof of mailings of the at the hearing. The remaining documents needed for the hearing (Resolution of Necessity, Agenda Report, Memorandum from Legal Counsel) will be forwarded in draft form to Gina Gallagher for her review and revision. She will provide the finalized versions to you prior to the hearing. Please do not hesitate to contact me, should have any questions. VITlC)1~ \tl~ Mona M. Nemat for BEST BEST & KRIEGER LLP Attachments copy: Gina Gallagher, Senior Right of Way Agent (w/Attachments) 17336.02700\7312853.1 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, March 14, 2012 at 9:30a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of the curve on the State Route 74, between Calvert Avenue and Four Seasons Drive, and between Four Seasons Drive and California A venue, in Riverside County, California. The description of the property to be acquired is attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: February 10, 2012. Wednesday, March 14,2012 9:30a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 By: MonaNemat Attorneys for Riverside County Transportation Commission PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on February 10, 2012, I mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 458-193-002 (Caltrans Project Parcel Nos. 22052-1 and 22052-2): Parvin D. Zabetian Parvin D. Zabetian 632 S. Franklin Street 2929 1st Avenue, #917 Hemet, CA 92543 Seattle, WA 98121 RECORD OWNER RECORD OWNER Becky Carli Irene Ganji 1300 Hidden Springs Drive 27 Destiny Way Corona, CA 92881 Aliso Viejo, CA 92656 RECORD OWNER RECORD OWNER Heidi Erdmann, Trustee Heidi Erdmann, Trustee The Erdmann Family Trust The Erdmann Family Trust 5 Buccaneer 2918 Deakin Street, Apt. 2 Coronado, CA 92118 Berkeley, CA 94705 RECORD OWNER RECORD OWNER K. A. Erdmann, Trustee K. A. Erdmann, Trustee The Erdmann Family Trust The Erdmann Family Trust 5 Buccaneer 2918 Deakin Street, Apt. 2 Coronado, CA 92118 Berkeley, CA 94705 RECORD OWNER RECORD OWNER Randall L. Miller Randall L. Miller 1001 E. Latham A venue 3829 Valleyview Avenue Hemet, CA 92543 Norco, CA 92860 RECORD OWNER RECORD OWNER Elise Kamensky Albert Kamensky 16228 Jacobs Circle 16228 Jacobs Circle Riverside, CA 92504-6216 Riverside, CA 92504-6216 RECORD OWNER RECORD OWNER Jane Cornish Herman Mathias 1103 Skylark Drive 391 N. San Jacinto La Jolla, CA 92307-736 Hemet, CA 92543 RECORD OWNER RECORD OWNER Anil Rastogi Abacus, a limited partnership 1275 E. Latham Avenue, Suite A 250 S. Lyon Avenue Hemet, CA 92543 Hemet, CA 92543 RECORD OWNER RECORD OWNER Mueller Family Mueller Family 250 S. Lyon, Suite E 41483 Thornton A venue Hemet, CA 92543 Hemet, CA 92544 RECORD OWNER RECORD OWNER DMC Investors, Ltd. DMC Investors, Ltd. 27780 Pachea Trail 3714 Tibbetts Street, Suite 100 Hemet, CA 92544 Riverside, CA 92506 RECORD OWNER RECORD OWNER Guiherme R. Carvalho Guiherme R. Carvalho 118 N. Santa Fe, #A 20610 Calle Cabazon Hemet, CA 92543 Temecula, CA 92590 RECORD OWNER RECORD OWNER DATED: February 10,2012. ------------------------------ ll~lk Indian Wells (760) 568-2611 Irvine BEST BEST & KRIEGER :J (949) 263-2600 Los Angeles (213) 617-8100 ATTORNEYS AT LAW Ontario (909) 989-8584 3750 University Avenue, Suite 400, P.O. Box 1028, Riverside, CA 92502 Phone: (951) 686-1450 I Fax: (951) 686-3083 I www.bbklaw.com Mona M. Nemat (951) 826-8215 mona.nemat@ bbklaw.com Parvin D. Zabetian 2929 1st Avenue, #917 Seattle, WA 98121 Becky Carli 1300 Hidden Springs Drive Corona, CA 92881 Heidi Erdmann, Trustee The Erdmann Family Trust 5 Buccaneer Coronado, CA 92118 K. A. Erdmann, Trustee The Erdmann Family Trust 5 Buccaneer Coronado, CA 92118 Randall L. Miller 1001 E. Latham A venue Hemet, CA 92543 Elise Kamensky 16228 Jacobs Circle Riverside, CA 92504-6216 Jane Cornish 1103 Skylark Drive La Jolla, CA 92307-736 Anil Rastogi 1275 E. Latham Avenue, Suite A Hemet, CA 92543 Mueller Family 250 S. Lyon, Suite E Hemet, CA 92543 February 14, 2012 Parvin D. Zabetian 632 S. Franklin Street Hemet, CA 92543 Irene Ganji 27 Destiny Way Aliso Viejo, CA 92656 Heidi Erdmann, Trustee The Erdmann Family Trust 2918 Deakin Street, Apt. 2 Berkeley, CA 94705 K. A. Erdmann, Trustee The Erdmann Family Trust 2918 Deakin Street, Apt. 2 Berkeley, CA 94705 Randall L. Miller 3829 Valleyview Avenue Norco, CA 92860 Albert Kamensky 16228 Jacobs Circle Riverside, CA 92504-6216 Herman Mathias 391 N. San Jacinto Hemet, CA 92543 Abacus, a limited partnership 250 S. Lyon A venue Hemet, CA 92543 Mueller Family 41483 Thornton A venue Hemet, CA 92544 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 February 14, 2012 Page 2 DMC Investors, Ltd. 27780 Pachea Trail Hemet, CA 92544 Guiherme R. Carvalho 118 N. Santa Fe, #A Hemet, CA 92543 ll~lk BEST BEST & KRIEGER~ ATTORNEYS AT LAW DMC Investors, Ltd. 3714 Tibbetts Street, Suite 100 Riverside, CA 92506 Guiherme R. Carvalho 20610 Calle Cabazon Temecula, CA 92590 Re: Acquisition of Portions of Riverside County Assessor Parcel No. 458-193-002 (Caltrans Parcel Nos. 22052-1 and 22052-2) 33964 State Highway 74, County of Riverside Ladies and Gentlemen: On February 10, 2012, we mailed a packet of materials to you that included an offer by the Riverside County Transportation Commission ("RCTC") to acquire portions of the above- referenced property. The packet also included a copy of the appraisal, the review appraisal, an Information Pamphlet titled "Overview f the Eminent Domain process and Description of Property Owner Rights" and a Notice of Hearing to Property Owners of a hearing scheduled to take place on March 14, 2012. We discovered after the packets had been mailed that the Notice of Hearing to Property Owners did not contain a copy of the legal descriptions and depictions of the property sought to be acquired. We are enclosing a Revised Notice of Hearing to Property Owners. The only difference between this Revised Notice and the Notice of Hearing to Property Owners that was mailed last Friday is that the attached document includes the necessary the legal descriptions and depictions. The information (date, time, place) regarding the hearing remains the same. We apologize for this oversight. vry<~ly yours, . l ~i\ 1'\, ." \U· .. I ~ , . 1~ . , Mona . ~at ! l~ \l! for BEST BEST & KRIEGER LLP Enclosures pee: Gina Gallagher, RCTC (w/copy of letter and Revised Notice, via e-mail only) Daniel Furr, Overland Pacific & Cutler, Inc. (w/copy of letter and Revised Notice, viae- mail only) REVISED NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, March 14, 2012 at 9:30a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of the curve on the State Route 74, between Calvert Avenue and Four Seasons Drive, and between Four Seasons Drive and California A venue, in Riverside County, California. Descriptions of the property to be acquired are attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: February 14, 2012. Wednesday, March 14, 2012 9:30a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 MonaNemat Attorneys for LLP Riverside County Transportation Commission EXHIBIT 'A' LEGAL DESCRIPTION That pmtion of Lot 1, Block I, as shown on Valley Vista Acres No.2 Tract Map, filed in Book 14, page 57, ofMaps, Records of Riverside County, located in Section 15, Township 5 South, Range 2 West, S.B.M., County of Riverside, State of California, more particularly described as follows: Commencing at the southeast corner of said Tract Map, also being the southeast comer of northeast one-quarter of the nmtheast one-quarter of said section 15; thence along the east line of said Tract Map and said section North 00°45'37" East 80.88 feet to the southeast comer of said Lot 1, also being the northerly line of State Route 74 (60.00 feet wide) as shown on Caltrans Right of Way Map No. 422041, as filed in the CaltransDistrict 8 Headquarters, San Bernardino, Califomia, and being the True Point of Beginning; thence along the southerly line of said Lot 1 South 68°58'34" West 128.45 feet to the westerly line of said Lot 1, also being the easterly line of Calvert A venue (40.00 feet wide) as shown on said Tract Map; thence along said westerly line Nmth 00°45' 46" East 6.39 feet to the beginning of a non-tangent curve concave westerly having a radius of 42.00 feet, a radial line to said beginning bears South 33°13'49" East; thence northeasterly and northerly along said curve an arc length of 57.03 feet through a central angle of77°47'37"; thence Nmth 21°01 '26" West 41.81 feet to said westerly line; thence along said westerly line North 00°45' 46" East 131.72 feet to the northerly line of said Lot 1; thence along said northerly line North 72°11 '40" East 1.63 feet to the beginning of a non-tangent curve concave northeasterly having a radius of 28 0. 00 feet, a line radial to said beginning bears South 84°43'56" West; thence southeasterly along said curve an arc length of 77.00 feet through a central angle of 15°45'22"; thence South 21°01 '26" East 34.32 feet; thence South 30°29' 11" East, 48.77 feet to the beginning of curve concave northeasterly having a radius of 57.00 feet; thence southeasterly and easterly along said curve an arc length of71.06 feet through a central angle of71 °25'30" 08-RlV-074-34.8-22052(22052-1) EXHIBIT A, PAGE 1 to the east line of said Lot 1 and said Section 15; thence along said east line South 00°45'37" West 6.08 feet to the True Point of Beginning. The above described parcel contains 7,764 square feet (0.17 acres) more or less The Basis of Bearings for this survey are based upon the North American Datum of 1983 {NAD83) of the California Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are gdd. Divide by 0.999910987 to obtain ground distances. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. This conveyance is made for the purpose of a fi·eeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Sean M. Smith, PLS 8233 08-RIV-07 4-34.8-22052(22052-1) EXHIBIT A, PAGE 2 r 0 () > 0 z () Q z -·"! -< 0 .,.., 2,2 ?\ ;o \!! 0 _1"'1 ()) -1 )> -1 f"T1 0 ,_,., () > r :;; 0 ::0 z > ~ ~~., _roco ~i~t.n .... 0 I'"'> ~",0 "'""· _.., "2[.., :e ... 1: -, 0 " -~ ,. "' ~ ., c.. 0 t:;J CD )> _, z !~ 9 -1'-)> fTl 9 (.f) ;::: 0 (/} BASIS OF BEARINGS: q 0-1 -1 -o 88 :0 0 r 0~ 9 () rn > m' :::! 0 C) fl1 THE BEARINGS FOR THIS SURVEY ARE BASED ON THE CCS, ZONE 6 (2007.00 EPOCH), NAD83. DISTANCES SHOWN HEREON ARE GRID DISTANCES. GROUND DISTANCES MAY BE OBTAINED BY DIVIDING THE GRID DISTANCE$ BY THE AVERAGE COMBINATION FACTOR OF 0.999910987. s,._ c:.c 1; Oi\; J ,..., r::; ~ fls ,. \'fi, E '(], _,__,.. __ _ z .:-J -1"0 o-o -...) ::oo f'l"I::O m c:z oo ..,. f'l"l-1 -'U (/) -oo ~0 -;Ul z tO 0<}./9 ,......\ -\~ 11-tn(Jl f'O_ ()1 q .., Q.., -f'l"l z ~0 -tO 00 ;o \~ ~ ~~ N N00°45'46"E c.: CAL VERT AVENUE N00°45'46"E 6.39' C /L-----~---__ .-. ---·-· -------· ------..,~ C) -------~ I miTI -1 f'l"lz 0 G)O -f'l1 .., z~ :E ~,.., zZ )> (\' -;Q <t. c:,_no_u~'L LBJ '<1;,77• -:~ N00°45'46"E •o• ·" ~ i l (':.it~ ~ ~ w 3 !_, \0 0 ~?>'0 oo· LL~~ 6o' oca~""'d I c;,\1 OS\""<:} ,:z:z. I -\p z G)-I -< n 0 '= ::::::;. ,....\ ~ ~ ~ c:Po j;> ~-~ .s>. -:i:. ~'-'' lo I -::;:.'1 ~·· ).. ... ~s 'V~ vi~ l> .;0 ·~ s. -. ~ ~ l-0 0 g::c-l ffi ~_j_JtlJ. \\ ~ ~ l> I ~ -~ '""'~ 0 :::: No• 45 '37"E • ~ CAL VERT 80.8s' ---, AVE ·, ~ (I'\ r w --IJJ ~ .... ~ l-N"'-..Q t.;J U1 o ~...J.x N -< tJ:j ~ r.n 1----i u tx:l -S::><Vl CDC/l>rr1 _.;:g:=o -o .1:>.())1"'10 0 ' -<::0 ::Jts<• (') . --NVl -1 )> \. .. >c>s ~ ~ V'~~ "-5~ ·~ ~~ .. \~ ~~ .... ~ l>;..>. -... ~ -1~ 11 I~ IJ I~ l>() ~>": 0~ l>-tJ .... Y-~ N0°45'37"E 1311.25' THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: ~~;>c/~r/z_ SEAN M. SMITH , PLS 8233 DATE 1 I IV) ~~ -1 VI It;; ::r:: ..., I --,.., I(JI [/) ()) 0 = [/) ,.., l:e I:]> f'l"l-1 ~ ,.., -1::0 -1 r-r-~ CJ fTl l-0 -l l\.2 -co \Z ~~ -i W .1:>. o·lJ.J N • Z t.JJN .t.;J )> ;if < rr1 ........ 0 ........ I-': -i N00°45'46"E );> -<---1 31. 72' ...______ ~, ....... ())r ,oo· LL=l l> ---loo·ogz=B ' .. zz~svos~::::'\7 ....... _... _... vss _... _... ~s,,'i.V o ....... \tl~ ~·· l> o. !"'\ \ fT1 X I [JJ -i --[JJ :: GWG Norne: R: \4AEC010100\SURVEY\LEGALS\KAM€NSK'f_01.DGN EXHIBIT 'A' LEGAL DESCRIPTION That p01tion of Lot 1, Block I, as shown on Valley Vista Acres No. 2 Tract Map, filed in Book 14, page 57, ofMaps, Records of Riverside County, located in Section 15, Township 5 South, Range 2 West, S.B.M., County of Riverside, State of California, more particularly described as follows: Commencing at the southeast comer of said Tract Map, also being the southeast comer of n01theast one-quarter of the northeast one-quarter of said section 15; thence along the east line of said Tract Map and said section North 00°45'3T' East 80.88 feet to the southeast comer of said Lot 1, also being the northerly line of State Route 74 (60.00 feet wide) as shown on Caltrans Right of Way Map No. 422041, as ftled in the Caltrans District 8 Headquarters, San Bernardino, California; thence along the southerly line of said Lot 1 South 68°58'34" West 128.45 feet to the westerly line of said Lot 1, also being the easterly line of Calvert A venue ( 40.00 feet wide) as shown on said Tract Map; thence along said westerly North 00°45'46" East 6.39 to the beginning of a non-tangent curve concave westerly having a radius of 42.00 feet, a line raid to said beginning bears South 33°13'49" East and being the True Point of Beginning; thence northeasterly and northerly along said curve an arc length of 57.03 feet through a central angle of 77°47'37"; thence North 21°01 '26" West 41.81 feet to said westerly line; thence along said westerly line South 00°45'46" West 89.24 to the True Point of Beginning. The above described parcel contains 1,027 square feet (0.02 acres) more or less The Basis of Bearings for this survey are based upon the North American Datum of 1983 (NAD83) of the California Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.999910987 to obtain ground distances. 08-RIV-074-34.8-22052(22052-2) EXHIBIT A, PAGE 4 ----------- This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act ofthe State of California. This real property description has been prepared by me, or under my direction, in confmmance with the Professional Land Surveyors Act. Sean M. Smith, PLS 8233 08-RIV-074-34.8-22052(22052-2) EXHIBIT A, PAGE 5 <-() 0 c z -l -< 0 .., ;Q ~ ::0 Vl iS !'1 Ul :;;! -i f'1 0 .., () > c: ~ ~ > r·· () () > --; 6 z )> en OjO co > z 2 9 f'l'1 n """ 0 X )> IV !"11 -1 :X: ,, Vi Vl /\\ 1""'1 1""1-~ X )> :X: ~ ~ \ ~ Vl \ \~ s::: \ Vl ~ ' t\ ~ il) ?0 1""'1 0 [lJ -< s::: 1""'1 0 "':;:::>-0 0 :s.. s::: ~ "-... -< ..__ Rei ;-1 :u r 0-1 :u 0 (TJ -)> 0. s;!r i:D 0 C) :::J • 2 (TJ z o ::0 ~ R;tl iO N ~ Z Q~ -.J -1 (J Vl ~ ~ ~ki .., z 2o ~~ ~ ID2 -1 §2 ~ ~2 C)-I \ -; -a 0 CD BASIS OF BEARINGS: THE BEARINGS FOR THIS SURVEY ARE BASED ON THE CCS, ZONE 6 (2007.00 EPOCH), NAD83. DISTANCES SHOWN HEREON ARE GRID DISTANCES. GROUND DISTANCES MAY BE OBTAINED BY DIVIDING THE GRID DISTANCES BY THE AVERAGE COMBINATION FACTOR OF 0.999910987. t:::_>.,.._ >.::J.c::.c;Ja;v ...... rf.::"\ , , j i:J ~ O<j./9 "0 ::E ::0 \ I""'>C) ::0-<::r: ~~~ tR -n ,-·, .::.F= _, ;:;,~ --.J::o -1 ~ 1\) N00°~5'46"E CAL VERT AVENUE c: N00°45'46"E 6.39 C/L-----________ ---------------------__ ,.. ___ _ ,....5no~~·Luu S00°45'46"W 89.24~....._ .. 0 N -.I 1\) 0 l-0 0 --{ O<" (") lJJ r ~~lJJ o ..... ~ L-N"-..0 :X: U1 o co ~ ...__ N ./\. §l o CALVERT oo.oa ~ ~ AVE ~ ' :;;:! "Z._\ ~:::0 ~ vtQ < ~:..\ tr:l ~~~ :::0 ~4. [}) ·~ Cl Vl ;u (") Vl > "?! :r: ..., ['11 ['11 -4 .. ['11 N0°45'37"E 1311.25' (./)nl""q_ () > r-f'T1 -f11 \ X I z -(") co CD r l.O 0--A -; z VI l-.., r-J 0 VI 0 z ::E -.. --{ ..... CD 1:\:} )> VI ... l.O -< JTIN VI ' ........ 0 -........ ........ ~ '6 9 9 ~~ :: 0 Ctl -'-... 0 IV (/)I> II 0 ()\ ., fo-..; t-l~ ~ ~~~ 1-r-1 ~ 4. L.-.J ..... -;p l>() ··~N ~ o:. -z7--0 0 -o rv ;::: > Vl l) q_ ..... DWG t<orr•: R: \4AEC010100\SURVEY\t.Ec:ALS\KAMENSKY _02.0()N l>;,..>. -v ~ ~"!": oS.. l>~ ..... ;>: ~ ; II (J1 ou(.Jl • q_ PROOF OF MAILING I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on February 14,2012, I mailed a copy of the attached Revised Notice of Hearing to Property Owners by first-class mail to the following owners of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 458-193-002 (Caltrans Project Parcel Nos. 22052-1 and 22052-2): Parvin D. Zabetian Parvin D. Zabetian 632 S. Franklin Street 2929 1st Avenue, #917 Hemet, CA 92543 Seattle, W A 98121 RECORD OWNER RECORD OWNER Becky Carli Irene Ganji 1300 Hidden Springs Drive 27 Destiny Way Corona, CA 92881 Aliso Viejo, CA 92656 RECORD OWNER RECORD OWNER Heidi Erdmann, Trustee Heidi Erdmann, Trustee The Erdmann Family Trust The Erdmann Family Trust 5 Buccaneer 2918 Deakin Street, Apt. 2 Coronado, CA 92118 Berkeley, CA 94705 RECORD OWNER RECORD OWNER K. A. Erdmann, Trustee K. A. Erdmann, Trustee The Erdmann Family Trust The Erdmann Family Trust 5 Buccaneer 2918 Deakin Street, Apt. 2 Coronado, CA 92118 Berkeley, CA 94705 RECORD OWNER RECORD OWNER Randall L. Miller Randall L. Miller 1001 E. Latham A venue 3829 Valleyview Avenue Hemet, CA 92543 Norco, CA 92860 RECORD OWNER RECORD OWNER Elise Kamensky Albert Kamensky 16228 Jacobs Circle 16228 Jacobs Circle Riverside, CA 92504-6216 Riverside, CA 92504-6216 RECORD OWNER RECORD OWNER Jane Cornish Herman Mathias 1103 Skylark Drive 391 N. San Jacinto La Jolla, CA 92307-736 Hemet, CA 92543 RECORD OWNER RECORD OWNER Anil Rastogi Abacus, a limited partnership 1275 E. Latham Avenue, Suite A 250 S. Lyon Avenue Hemet, CA 92543 Hemet, CA 92543 RECORD OWNER RECORD OWNER Mueller Family Mueller Family 250 S. Lyon, Suite E 41483 Thornton A venue Hemet, CA 92543 Hemet, CA 92544 RECORD OWNER RECORD OWNER DMC Investors, Ltd. DMC Investors, Ltd. 27780 Pachea Trail 3714 Tibbetts Street, Suite 100 Hemet, CA 92544 Riverside, CA 92506 RECORD OWNER RECORD OWNER Guiherme R. Carvalho Guiherme R. Carvalho 118 N. Santa Fe, #A 20610 Calle Cabazon Hemet, CA 92543 Temecula, CA 92590 RECORD OWNER RECORD OWNER DATED: February 14, 2012. INDIAN WELLS !760) 566-26 I I IRVINE (949) 263-2600 Los ANGELES (213) 617-6100 ONTARIO (909) 969-6564 MARGARET l. BARNES PARALEGAL ll~lk BEST BEST & KRIEGER::! ATTORNEYS AT LAW 3750 UNIVERSITY AVENUE, SUITE 400, P.O. Box I 026, RIVERSIDE, CA 92502 PHONE: (95 I) 666-1 450 I FAX: (95 I) 666-3063 I WWW.BBKLAW.COM SAcRAMENTO <91 6) 325-4000 SAN DIEGO (619) 525-1 300 WALNUT CREEK (925) 977-3300 WASHINGTON, DC (202) 765-()600 (95 I l 826-8357 MARGARET.BARNES@BBKLAW.COM ~ lli: © lli: 0 w ~ ln) J\\ JAN 18 2012 ~ RIVERSIDE COUNTY !RANSPORTATION COMMISSION Jennifer Harmon Clerk of the Board January 18, 2012 VIA HAND DELIVERY Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 Re: RCTC/SR74 Curve Widening Dear Jennifer: Amended Notice of Hearing to Property Owners of Resolution of Necessity Hearing Scheduled for November 9, 2011 Attached is the original (and only) Amended Notice of Hearing to Property Owners, with proof of mailing, of the hearing on the Resolution of Necessity which is scheduled for February 2, 2012. A copy of the Amended Notice was timely mailed on January 10, 2012. It will be necessary for you to note the proof of mailing of the Amended Notice at the hearing. The remaining documents (draft Resolution of Necessity, Agenda Report, Memorandum from Legal Counsel) have been forwarded to Gina Gallagher for her review. She will provide the finalized versions to you prior to the hearing. At this time, Gina Gallagher cannot confirm that this matter will be taken before the Commission on February 2, 2012. I will request that she keep you informed of the status. Please do not hesitate to contact me, should have any questions or concerns. Very truly yours, /J[__~.utL/:6~ Margaret L. Barnes Senior Litigation Paralegal for BEST BEST & KRIEGER LLP Attachment copy: Gina Gallagher, Senior Right of Way Agent (w/Attachment) 17336.02700\7216057.1 AMENDED NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Thursday, February 2, 2012 at 1:00 p.m., at the Embassy Suites La Quinta, 50-777 Santa Rosa Plaza, La Quinta, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of the curve on the State Route 74, between Calvert Avenue and Four Seasons Drive, and between Four Seasons Drive and California A venue, in Riverside County, California. The description of the property to be acquired is attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 17336.02700\7208860.1 Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: .t< __ ,o DATED;~, 2012. 17336.02700\7208860.1 Thursday, November 2, 2012, 1:00 p.m. Embassy Suites La Quinta 50-777 Santa Rosa Plaza La Quinta, California 92253 By: 1v~,-·A. aster Attorneys for Riverside County Transportation Commission EXHIBIT'A' LEGAL DESCRIPTION Those portions of Parcels 2, 3 and 4 of Parcel Map No. 11932, ftled in Book 61, Page 92 of Maps, Records of Riverside County, located in the Section 14, Township 5 South, Range 2 West, S.B.M., County of Riverside, State of California, and more particularly described as follows: Commencing at the intersection of the northerly prolongation of the easterly line of said Parcel Map with the centerline of Highway 74, both as shown on said Parcel Map; thence along said easterly line South 00°36'30" West 75.00 feet to a line parallel with and distant 75.00 feet southerly of said centerline Highway 74; thence along said parallel line North 89°41' 12" West 30.00 feet to the easterly line of said Parcel 4 being the True Point of Beginning; thence continuing along said parallel line North 89°41'12" West 539.13 feet to the beginning of a curve concave southeasterly having a radius of 1500.00 feet; thence westerly and southwesterly along said curve an arc length of 1159.04 feet through a central angle of 44°16'20''; thence South 46°02'28" West 27.55 feet; thence South 54°25'05" West 23.08 feet to the westerly line of said Parcel2; thence along said westerly line North 00°41'48" East 54.22 feet to # the southerly line of State Route 74 as shown on said Parcel Map, being the beginning of a non-tangent curve concave southeasterly having a radius of 1549.86 feet, a line radial to said beginning bears North 43°23'40" West; thence northeasterly and easterly along said I curve and said southerly line an arc length of 1182.30 feet through a central angle of ' 43°42'28"; thence continuing along said southerly line the following two (2) courses; 1. South 89°41 '12" East 530.36 feet; 2. South 44°36'51" East 32.60 feet to said easterly line ofParcel4; thence along said easterly line South 00°36'30" West 1.92 feet to the True Point of Beginning. 08-RIV-074-34.8-22058(22058-1) EXHIBIT A, PAGE 1 The above described parcel contains 52,614 square feet (1.21 acres) more or less The Basis of Bearings for this survey are based upon theN orth American Datum of 1983 (NAD83) of the Califomia Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.999910987 to obtain ground distances. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. This conveyance is made for the purpose of a fi·eeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. This real pl'Operty description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date 08-RIV-074-34.8-22058(22058-1) EXHIBIT A, PAGE 2 EXHIBIT SEE SHEET 2 FOR RIGHT OF WAY DEDICATION "8" LEGEND P.O.C. T.P.O.B. PROPOSED RIGHT OF WAY DEDICATION POINT OF COMMENCEMENT TRUE POINT OF BEGINNING TOTAL DEDICATION 52 ,614 SF BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON THE NORTH ~•MER/CAN DATUM OF 1983 (NAD83) OF THE CAL/FORIIIJA COORDINATE SYSTEM OF 1983 (CCS83), ZONE VI, 2007.00 EPOCH. DISTANCES ARE GRID. DIVJD BY 0.999910987TO OBTAIN GROUND DISTANCES THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: ~ '&. -U:::. \\ DATE "' "' 0 >' "' 0 "i ~ 8 u ""' ~ r1 <3 ~ >-IS! r-----------------~; r-----S_H_EE_T __ 1_0_F_2 ____ ~g SCALE: o r-----------------~8 DRAFTED: AAP w ~---------------------------------------------.---------------------~-------------------1~ LOCATION: COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PSOMAS 1500 loiYO Ave, Suite 210 Riversid<~ Ca 92507 (951) 7117-8~21 www.p•omas.com CHECKED: SMS DATE: 08/31/2011 ~ ~--------~~----~~ JOB NO: 4AEC010100 ~ '-----------------------------:::c=:-::==-=~-::-==-::----------1-----------------'n EXHIBIT A, PAGE 3 FOUR SEASONS DRIVE w z ....J z 0 1- (J w (/) S'LY LINE SR 74 -----·-0' 100' 200' SCALE: 1" = 200' EXHIBIT "8" PARCEL 4 DOC. NO. 2000-163645 NOTE: SEE SHEET 1 FOR LEGEND AND BASIS OF BEARINGS COUNTY OF RIVERSIDE SECTION 14, TOWNSHIP 5 SOUTH, RANGE 2 WEST, S.B.M. POC E'l Y LINE PM NO. 11932 0 II) . f"') co II) !-Ll N ~ ~ lO v I") 0 ' 0 mC.O oo"'! 0 0 Vlo (/) I") II) + + DETAIL 11 A11 NTS PM NOD 11932 PMB 61/92 PARCEL 2 DOC. NO. 2000-163645 S46°02'28"W 27.55' S54°25'05"W 23.08' N°00'41 '48"E W'L Y LINE PAR 2 z "' 0 >' g) ""• ... 0 0 D u w ~ :;! C) ? ~ N°00'41 '48"E 54.22' r---------------~~ ~---S~H~E~ET~2~0~F~2~--~i SCALE: 1" = 200' 5 ~~------------~0 DRAFTED: AAP ~ ~----------------------------------------,-----------------~~--~~~~~----lv p s 0 M A s CHECKED: SMS 1500 lowo Ave, Suite 210 DATE: 08/Jl /i'Oll l Rive<side, Co 92507 1------__:__.:._ ___ ----j !i (951) 787-8421 www.psomos.com JOB NO: 4AEC010100 ~ l_-------------==-:=-=+=--;-------L----------'n EXHIBIT A, PAGE 4 LOCATION: COUNfY OF RIVERSIDE, STATE OF CALIFORNIA PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on January /{:: 2012, I mailed a copy of the attached amended notice by first-class mail to the following owners of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 465-040-018, 465-040-019 and 465-040-020 (Caltrans Project Parcel Nos. 22058-1,22058-2 and 22058-3): Daniel Duane Koby 20400 Via Zaragoza Yorba Linda, California 92887 Alan Edward Koby 20400 Via Zaragoza Yorba Linda, California 92887 /1 DATED: I t(~'J{~{A:A; "itr I '2012. (/ 17336.02700\7208860.1 Record Owner Record Owner INDIAN WELLS <760> 568-26 I I IRVINE <949) 263-2600 Los ANGELES (2 I 3) 6 I 7-8 I 00 ONTARIO (909) 989-8584 MARGARET l. BARNES PARALEGAL (95 I l 826-8357 I Ilk BEST BEST & KRIEGER:! ATTORNEYS AT LAW 3750 UNIVERSITY AVENUE, SUITE 400, P.O. Box I 028, RIVERSIDE, CA 92502 PHONE: (95 I) 686-1450 I FAX: (95 I) 686-3083 I WWW.BBKLAW.COM MARGARET. BARNES@BBKLAW .COM September 21, 2011 SACRAMENTO <916) 325-4000 SAN DIEGO (619) 525-1300 WALNUT CREEK (925) 977-3300 WASHINGTON, DC (202) 785-Q600 Jennifer Harmon Clerk of the Board VIA HAND DELIVERY Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 21 Re: RCTC/SR74 Curve Widening rRANrJ~~~~W6~8g~~G.\ssiCi: Dear Jennifer: Notice of Hearing to Property Owners of Resolution ofNecessity Hearing Scheduled for November 9, 2011 Attached is the original (and only) Notice of Hearing to Property Owners, with proof of mailing, of the hearing on the Resolution ofNecessity which is scheduled for November 9, 2011. A copy of the Notice was timely mailed on September 20, 2011. It will be necessary for you to note the proof of mailing of the Notice at the hearing. The remaining documents (draft Resolution ofNecessity, Agenda Report, Memorandum from Legal Counsel) will be forwarded to Gina Gallagher for her review. She will provide the finalized versions to you prior to the hearing. Please do not hesitate to contact me should have any questions or concerns. Very truly yours, ~/4~ Senior Litigation Paralegal for BEST BEST & KRIEGER LLP Attachment copy: Gina Gallagher, Senior Right of Way Agent (w/Attachment) 17336.02700\6960291.1 NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, November 9, 2011 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of the curve on the State Route 74, between Calvert Avenue and Four Seasons Drive, and between Four Seasons Drive and California A venue, in Riverside County, California. The description of the property to be acquired is attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 17336.02700\6859525.1 Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: ~~~ DATED: __ , 2011. 17336.02700\6859525.1 Wednesday, November 9, 2011 9:30a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST ¥IEGER LLP . aster Attorneys for Riverside County Transportation Commission EXHIBIT 'A' LEGAL DESCRIPTION Those portions of Parcels 2, 3 and 4 of Parcel Map No. 11932, ft.led in Book 61, Page 92 ofMaps, Records ofRiverside County, located in the Section 14, Township 5 South, Range 2 West, S.B.M., County of Riverside, State of California, and more particularly described as follows: Commencing at the intersection of the northerly prolongation of the easterly line of said Parcel Map with the centerline of Highway 74, both as shown on said Parcel Map; thence along said easterly line South 00°36'30" West 75.00 feet to a line parallel with and distant 75.00 feet southerly of said centerline Highway 74; thence along said parallel line Nmth 89°41 '12" West 30.00 feet to the easterly line of said Parcel4 being the True Point of Beginning; thence continuing along said parallel line North 89°41'12" West 539.13 feet to the beginning of a curve concave southeasterly having a radius of 1500.00 feet; thence westerly and southwesterly along said curve an arc length of 1159.04 feet through a central angle of 44°16'20"; thence South 46°02'28" West 27.55 feet; thence South 54°25'05" West 23.08 feet to the westerly line of said Parcel2; thence along said westerly line North 00°41'48" East 54.22 feet to the southerly line of State Route 74 as shown on said Parcel Map, being the beginning of a non-tangent curve concave southeasterly having a radius of 1549.86 feet, a line radial to said beginning bears North 43°23'40" West; thence nmtheasterly and easterly along said ' curve and said southerly line an arc length of 1182.30 feet through a central angle of 43°42'28"; thence continuing along said southerly line the following two (2) courses; 1. South 89°41' 12" East 530.36 feet; 2. South 44°36'51" East 32.60 feet to said easterly line ofParcel4; thence along said easterly line South 00°36'30" West 1.92 feet to the True Point of Beginning. 08-RIV-074-34.8-22058(22058-1) EXHIBIT A, PAGE 1 The above described parcel contains 52,614 square feet (1.21 acres) more or less The Basis of Bearings for this survey are based upon the North American Datum of 1983 (NAD83) ofthe Califomia Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.999910987 to obtain ground distances. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State ofCalifomia. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date 08-RIV-074-34.8-22058(22058-1) EXHIBIT A, PAGE 2 EXHIBIT SEE SHEET 2 FOR RIGHT OF WAY DEDICATION "Bu LEGEND P.O.C. T.P.O.B. PROPOSED RIGHT OF WAY DEDICATION POINT OF COMMENCEMENT TRUE POINT OF BEGINNING TOTAL DEDICATION 52,614 SF BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983 (NAD83) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 {CCS83), ZONE VI, 2007.00 EPOCH. DISTANCES ARE GRID. DIVJD BY 0.999910987TO OBTAIN GROUND DISTANCES THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: ChlxL SIMENTAL, PLS 5022 ~ '6-u::.\\ DATE 2 '-' 0 >' "' 0 "i ;!; 8 u w ~ ~ j. >-!!,! r-----------------~~ SHEET 1 OF 2 ~ r---~~~~~~---18 SCALE: o r------------------1§ DRAFTED: AAP ~ r----------------------------------------------.---------------------+------------------~~ p s 0 M A s CHECKED: SMS DO 1500 lowo Ave, Suite 210 DATE: 08/31/2011 ~ Riverside, Co 92507 ,__ ________ :..._:..._ ____ ~ ~ (951) 787-8421 www.psomos.com JOB NO: 4AEC010100 '-' L-------------------------------------~~~~~~~~---------------L------------------_J~ EXHIBIT A, PAGE 3 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LOCATION: w z ....J z 0 f-u w Vl S'LY LINE SR 74 _____ ..__ o· 100' 200' SCALE: 1 ":oo:200' EXHIBIT "8" COUNTY PARCEL 4 NOTE: SEE SHEET 1 FOR LEGEND AND BASIS OF BEARINGS OF RIVERSIDE DOC. NO. 2000-163645 SECTION 14, TOWNSHIP 5 SOUTH, RANGE 2 WEST, S.B.M. . a <en ~~ QQ >- <{ :;?:: z I 0 s~· ~~ w- tll....J \j ---PARCEL 22058-1 AREA= 52,614 SF PARCEL 3 POC PAR 1 INT E'L Y LINE PM 11932 WI ~ SR74' PMB 61/92 0 Ui I") co Ui w N DOC. NO. 2000-163645 ~ ~ "' 0 ' mc.o con Vlo ,., l[) + + <.0 I") 0 0 0 t/) DETAIL NTS PM NO. 11932 PMB 61/92 PARCEL 2 DOC. NO. 2000-163645 S46°02'28"W 27.55' S54°25'05"W 23.08' N°00'41 '48"E "" C\JC\J o) ~OJ t0 l[) --J .,_"' "j!:. ltJ --------N (_) '-0 : Q• "' 0 <'(0 0'1 o_ <en 00 z ~~ f Qo_ II All W'L Y LINE PAR 2 z "' Cl ~ ", ... 0 0 0 u w i ~ 0 t N°00'41 '48"E 54.22' ~ .---------------~~ ~--~SH~E~E~T2_0~F_2 ____ -i~ SCALE: 1" = 200' 5 ~--------------~§ ~----------------------------------------r-------------~~--r---~D~R~A~FT~E~D:-=AA~P~---l§ p S O M A S 1----c_H_Ec_K_ED_: _s_Ms __ -1 ~ LOCATION: 1500 lowo Ave, Suite 210 DATE: 08/31/2011 E COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Riverside, co 92507 1------......;..---'-----~ ~ (951) 787-8421 www.psomos.com JOB NO: 4AEC010100 ~ L_----------------------~~~~~--------~----------~0 EXHIBIT A, PAGE 4 ' . PROOF OF MAILING NOTICE '~t~J;f\·;Stf.\T~!:7l. Bi\Fs~~lE:l I, · , acting on behalf of the Riverside County Transportation / Commission, hereby certify that oq/~~~-~~ 2011, I mailed a copy of the attached notice : l by first-class mail to the following owner(s) of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 465-040-018, 465-040- 019 and 465-040-020 (Caltrans Project Parcel Nos. 22058-1, 22058-2 and 22058-3): Daniel Duane Koby 20400 Via Zaragoza Yorba Linda, California 92887 Alan Edward Koby 20400 Via Zaragoza Yorba Linda, California 92887 1 DATED: ,~:f;;;nJ<,. ,j#, 2011. I ! 17336.02700\6859525.1 Record Owner Record Owner (/ Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 Dear Jennifer Harmon, September 24, 2011 I hereby file a request to appear and be heard at the date and place of hearing as stated per the NOTICE OF HEARING TO PROPERTY OWNERS mailed to me on September 20,2011 regarding the matters described therein. A copy of the NOTICE OF HEARING TO PROPERTY OWNERS is attached to this request. Sincerely, Alan Edward Koby ------------ (~(O)[P1)'f NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, November 9, 2011 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of the curve on the State Route 74, between Calvert Avenue and Four Seasons Drive, and between Four Seasons Drive and California A venue, in Riverside County, California. The description of the property to be acquired is attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rct Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: ~WI~ DATED: __ , 2011. Wednesday, November 9, 2011 9:30a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST M . aster Attorneys for Riverside County Transportation Commission EXHIBIT 'A' LEGAL DESCRIPTION Those portions of Parcels 2, 3 and 4 of Parcel Map No. 11932, filed in Book 61, Page 92 of Maps, Records of Riverside County, located in the Section 14, Township 5 South, Range 2 West, S.B.M., County of Riverside, State of California, and more particularly described as follows: Commencing at the intersection ofthe northerly prolongation ofthe easterly line of said Parcel Map with the centerline of Highway 74, both as shown on said Parcel Map; thence along said easterly line South 00°36'30" West 75.00 feet to a line parallel with and distant 75.00 feet southerly of said centerline Highway 74; thence along said parallel line North 89°41' 12" West 30.00 feet to the easterly line of said Parcel4 being the True Point of Beginning~ thence continuing along said parallel line North 89°41'12" West 539.13 feet to the beginning of a curve concave southeasterly having a radius of 1500.00 feet; thence westerly and southwesterly along said curve an arc length of 1159.04 feet through a central angle of 44°16'20"; thence South 46°02'28" West 27.55 feet; thence South 54°25'05" West 23.08 feet to the westerly line of said Parcel2; thence along said westerly line North 00°41'48" East 54.22 feet to the southerly line of State Route 74 as shown on said Parcel Map, being the beginning of a non-tangent curve concave southeasterly having a radius of 1549.86 feet, a line radial to said beginning bears North 43°23'40" West; thence northeasterly and easterly along said ' curve and said southerly line an arc length of 1182.30 feet through a central angle of 43°42'28"; thence continuing along said southerly line the following two (2) courses; 1. South 89°41' 12" East 530.36 feet; 2. South 44°36'51" East 32.60 feet to said easterly line ofParcel4; thence along said easterly line South 00°36'30" West 1.92 feet to the True Point of Beginning. 08-RIV-074-34.8-22058(22058-1) EXHIBIT A, PAGE 1 The above described parcel contains 52,614 square feet (1.21 acres) more or less The Basis of Bearings for this survey are based upon the North American Datum of 1983 (NAD83) of the Califomia Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.999910987 to obtain ground distances. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of Califomia. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date 08-RIV-07 4-34.8-2205 8(22058-1) EXHIBIT A, PAGE 2 EXHIBIT SEE SHEET 2 FOR RIGHT OF WAY DEDICATION LEGEND "8" PROPOSED RIGHT OF WAY DEDICATION P.O.C. T.P.O.B. TOTAL DEDICATION POINT OF COMMENCEMENT TRUE POINT OF BEGINNING 52,614 SF BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983 (NAD83) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE VI, 2007.00 EPOCH. DISTANCES ARE GRID. DIV/0 BY 0.999910987TO OBTAIN GROUND DISTANCES THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: (\ \'1·· .I\ f\ ~~ SIMENTAL, PLS 5022 ---;"\ ~-.:~ '-.,)-~\\ DATE " Cl 0 >' CD 0 '1 ~ w < .. '5 <( i3 ? )- '5! r-----------------~~ ~--~S~H~E~ET~1~0~F~2----~g SCALE: o ~----------------__,8 ~---------------------------------------------.---------------------+-----D_R_A_F_TE_D_:_A_A_P ____ ~~ C·JU~JTY OF RIVERSIDE", STATE OF Ct\LlFORI\liA PSOMAS I SOO lowo A~e. Suite 210 Riverside, Co 92507 (951) 18/-8421 www.psomao.com EXHIBIT A, PAGE 3 CHECKE'D: SMS ;o DATE: 08/31/2011 J08 NO: 4AEC010100 -<( ~ }----___ ___, FOUR SEASONS DRIVE w z -...J z 0 1- u w Vl S'LY LINE SR 74 ----·-0' 100' 200' SCALE: 1''=200' 0"> co (/) ~ '<T 0 0"> co z ~ I \ EXHIBIT "8" NOTE: SEE SHEET 1 FOR LEGEND AND BASIS OF BEARINGS COUNTY OF RIVERSIDE PARCEL 4 DOC. NO. 2000-163645 • a <en ~ ~Q Q SECTION 14, TOWNSHIP 5 SOUTH, RANGE 2 WEST, S.B.M. POC PAR 1 !NT E'LY LINE PM 11932 W/ <l SR74' PMB 61/92 0 tn . ---PARCEL 22058-1 I") co "\! C\JC\J tn AREA=52,614 SF .... w 3::' a) PARCEL 3 ~OJ 'N ~ -N I") ocn 1.() ._J '\"'"--"' ...... !'11...: DOC. NO. 2000-163645 :...{ 31:: lJJ ......_ .,..._ c..o ~ ... I") (_) \..0 0 -0 .: cnc..o 0 .... Q:: • co/'0 Vla 0 '<T ~a (/) 0 l""l 0"> a_ <co 1.() co z ~~ y y y QQ_ DETAIL 11 A11 NTS PM NO. 11932 PMB 61/92 PARCEL 2 DOC. NO. 2000-163645 S46°02'28"W 27 .55' S54°25'05"W 23.08' N°00'41 '48"E W'L Y LINE PAR 2 z "' C> >' "' 0 " I ;!; g u ..... o( ::!-- </) ;;I '·' :; >-w > N°00'41 '48"E 54.22' ~--------------~~ ~ ~--~SH~E~E~T~2~0F~2----~g SCALE: 1" "' 200' 5 ~-----------~8 DRAFTED: AAP '" ~------------------------------------------.--------------------~-------------~J CHECKED: SMS & PSOMAS LOCA. [ION l.CJU~HY OF RIV:.RSIDE, STATE OF CALIFORNIA 1500 lo"o Ave, Suite 210 ~iverside, Co ~2501 (951) 787-8421 www.psomos.com EXHIBIT A, PAGE 4 DAfE: 08/Jl/2011 JOB NO: 4AEC010100 . ' . PROOF OF MAILING NOTICE ~-~~J;:-:-~.:~;\J·~,=.·r· L. C/.·:·~::t;:.1 I, , acting on behalf of the Riverside County Transportation I Commission, hereby certify that ory :Jr;li~ 7/ {~~ 2011, I mailed a copy of the attached notice .· ) by first-class mail to the following owner(s) of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 465-040-018, 465-040- 019 and 465-040-020 (Caltrans Project Parcel Nos. 22058-1,22058-2 and 22058-3): Daniei Duane Koby 20400 Via Zaragoza Yorba Linda, California 92887 Alan Edward Koby 20400 Via Zaragoza Yorba Linda, California 92887 DATED: /it&nJc~ tf't;, 2011. / I Record Owner Record Owner / J / ))d-1/jti/cct' ttY.·#" &u~1. (/ Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 Dear Jennifer Harmon, September 24, 2011 I hereby file a request to appear and be heard at the date and place of hearing as stated per the NOTICE OF HEARING TO PROPERTY OWNERS mailed to me on September 20, 2011 regarding the matters described therein. A copy of the NOTICE OF HEARING TO PROPERTY 0 WNERS is attached to this request. (G(O)[p)Yf NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, November 9, 2011 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the widening and maintenance of the curve on the State Route 74, between Calvert Avenue and Four Seasons Drive, and between Four Seasons Drive and California A venue, in Riverside County, California. The description of the property to be acquired is attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. .. Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: ~WI-V DA TED: __ , 2011. Wednesday, November 9, 2011 9:30a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST M . aster Attorneys for Riverside County Transportation Commission '' EXHIBIT 'A' LEGAL DESCRIPTION Those portions of Parcels 2, 3 and 4 of Parcel Map No. 11932, filed in Book 61, Page 92 of Maps, Records ofRiverside County, located in the Section 14, Township 5 South, Range 2 West, S.B.M., County of Riverside, State of California, and more particularly described as follows: Commencing at the intersection of the northerly prolongation of the easterly line of said Parcel Map with the centerline of Highway 74, both as shown on said Parcel Map; thence along said easterly line South 00°36'30" West 75.00 feet to a line parallel with and distant 75.00 feet southerly of said centerline Highway 74; thence along said parallel line Nmth 89°41' 12" West 30.00 feet to the easterly line of said Parcel4 being the True Point of Beginning; thence continuing along said parallel line North 89°41'12" West 539.13 feet to the beginning of a curve concave southeasterly having a radius of 1500.00 feet; thence westerly and southwesterly along said curve an arc length of 1159.04 feet through a central angle of 44°16'20"; thence South 46°02'28" West 27.55 feet; thence South 54°25'05" West 23.08 feet to the westerly line of said Parcel2; thence along said westerly line North 00°41 '48" East 54.22 feet to the southerly line of State Route 74 as shown on said Parcel Map, being the beginning of a non-tangent curve concave southeasterly having a radius of 1549.86 feet, a line radial to said beginning bears North 43°23'40" West; thence n01theasterly and easterly along said I curve and said southerly line an arc length of 1182.30 feet through a central angle of 43°42'28"; thence continuing along said southerly line the following two (2) courses; 1. South 89°41' 12" East 530.36 feet; 2. South 44°36'51" East 32.60 feet to said easterly line ofParcel4; thence along said easterly line South 00°36'30" West 1.92 feet to the True Point of Beginning. 08-RIV-074-34.8-22058(22058-1) EXHIBIT A, PAGE 1 The above described parcel contains 52,614 square feet ( 1.21 acres) more or less The Basis of Bearings for this survey are based upon the North American Datum of 1983 (NAD83) of the Califomia Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.999910987 to obtain ground distances. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of Califomia. This conveyance is made for the pmpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date 08-RlV-074-34.8-22058(22058-1) EXHIBIT A, PAGE 2 EXHIBIT SEE SHEET 2 FOR RIGHT OF WAY DEDICATION LEGEND "Bu PROPOSED RIGHT OF WAY DEDICATION P.O.C. T.P.O.B. TOTAL DEDICATION POINT OF COMMENCEMENT TRUE POINT OF BEGINNING 52,614 SF BASIS OF B£ARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983 (NAD83) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE VI, 2007.00 EPOCH. DISTANCES ARE GRID. DIVID BY 0.999910987TO OBTAIN GROUND DISTANCES THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: u \) ... .1>._ t\ \...!.)... .A-...A.A- SIMENTAL, PLS 5022 5G b l.z:.:. \\ DATE 2 0 Cl ,: ., ~ § u w < .. / "' ;;! <> ?!- ~ .-----------------~a r---~S~H~E~ET~1_0~F~2----~g SCALE: o r-----------------~3 DRAFTED: AAP ~ r----------------------------------------------,---------------------+------------------~~ COU~JTY OF RIVERSIDE, STATE" OF c.A.UFORNIA PSOMAS 1500 lowo Ave, Suite 210 Ri~erside, Co 92S07 (9Si) /87-8~21 www.psomos.com EXHIBIT A, PAGE 3 C:HECKED: SMS ,., DATE: 08/31/2011 J08 NO: 4AEC010100 EXHIBIT "8" Poe ~~9-tiNE----~"' g! PAR 4 -L . .,.1 ln--+---L 'Fii\FfT-- 1 [ I A:---:--.----~~~UL.....L\L,I;,_ __ !NT E'LY LINE I \ URANUS LANE NOTE: SEE SHEET 1 FOR LEGEND AND BASIS OF BEARINGS PM11932 I -1-SEEDETAIL"A" ~~B Cl6 ~~~~· 6~' 50' THIS SHEET w z -_J z 0 1-u w V'l I 0 I l{\ ~.J lJ= N S'LY LINE SR 74 ---r-·-0' 1 00' 200' SCALE: 1":=200' PARCEL 4 COUNTY OF RIVERSIDE SECTION 14, TOWNSHIP 5 SOUTH, RANGE 2 WEST, S.B.M. DOC. NO. 2000-163645 0 0 <ca ::2:::2: QQ >- <t :;:: z :.r: 0 ~~· s~ w- VL.J \' ~ ---PARCEL 22058-1 AREA=52,614 SF PARCEL 3 DOC. NO. 2000-163645 0 l{\ 1'0 co l{\ w 'N \ ~ '.-{ <.!) v 1'0 0 ' m<.D 0 col'0 0 V'lo 0 V'l 1'0 l{\ y ~ DETAIL NTS PM NOQ 11932 PMB 61/92 PARCEL 2 DOC. NO. 2000-163645 S46°02'28"W 27 .55' S54°25'05"W 23.08' N°00'41 '48"E E 'LY LINE PAR 4 'J-C\JC\J cri ~OJ 1'0 l{\ --J ,....._"' J= ltJ ...... .,._ 'N u {_() < ..... ct: • v ~0 0 <1l a_ <en co :z ~~ y QQ II A" W'L Y LINE PAR 2 z t.:) 0 >' I<J 0 "' I .,. 0 0 0 t) w ~ u'\ :;! ~ >-~ r-----------------~~ N°00'41 '48"E 54.22' SHEET 2 OF 2 ~ ~--~~~~~----~g SCALE: 1" "' 200' a ~----------------~8 DRAFTED: AAP '.)! ~----------------------------------------~--------------------t-------~--~-----1? CHECKED: SMS "' PSOMAS UlCA f!ON. COUN fY OF RIV:CRSIDE, STATE OF CALIFORNIA 1~00 1owo Ave, Suile 210 !~iverside, Co 92507 (951) 787-8421 w .. w.psomos.com EXHIBIT A, PAGE 4 ~----------------4 DATE: 08/.31/2011 JOB NO: 4AEC010100 :. .. ~ t ' • • PROOF OF MAILING NOTICE "'.~-=~';-, .. ~ ·~·~···· .... , """.-''··~·'~;··:·~ t•I.:J l• ~'•••4"1.~ •~ ... I -• Ll'io .... ·,.,-lJ • 0 I, · , acting on behalf of the Riverside County Transportation I Commission, hereby certify that Oil lf;1;.~7/ ~~ 2011, I mailed a copy of the attached notice ,· ) by first-class mail to the following owner(s) of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 465-040-018, 465-040- 019 and 465~040-020 (Caltrans Project Parcel Nos. 22058-1, 22058-2 and 22058-3): Daniel Duane Koby 20400 Via Zaragoza Yorba Linda, California 92887 Alan Edward Koby 20400 Via Zaragoza Yorba Linda, California 92887 Record Owner Record Owner (/ • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 10, 2012 TO: Riverside County Transportation Commission FROM: Tanya Love, Goods Movement Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Americans with Disabilities Act -Best Practices for State and Local Governments STAFF RECOMMENDATION: This item is for the Commission to: 1) Appoint the Commission's Deputy Executive Director to serve as the Commission's Americans with Disabilities Act (ADA) Coordinator; and 2) Adopt and make available to the general public the Non-Discrimination Notice, the Grievance Procedure, and the Discrimination Complaint form. BACKGROUND INFORMATION: The Civil Rights Act of 1964 outlawed major forms of discrimination against racial, ethnic, national and religious minorities, and women. It ended unfair treatment and gave all citizens the right to be served in facilities that are open to the public. Title VI of the Civil Rights Act prevents discrimination by government agencies in connection with programs and activities receiving federal financial assistance. If an agency ts deemed to be in violation of Title VI, that agency may lose its federal funding. To prohibit discrimination on the basis of disability, the U.S. Congress passed the Rehabilitation Act of 1973 and the ADA of 1990. Title II of the ADA pertains to state and local governments and prohibits discrimination or segregation on the basis of race, color, religion, or national origin in access to public accommodations. Title II requires that persons with disabilities be provided with an equal opportunity to benefit from government programs, services, and activities. Both Title II and Title VI identify specific steps that state and local governments must follow to comply with the Civil Rights Act and ADA. Although local governments with fewer than 50 employees are not legally required to have an ADA Coordinator or grievance procedure in place, staff believes it is good public policy to implement an ADA compliance program and is seeking Commission Agenda Item 8A 12 approval to appoint the Commission's Deputy Executive Director, to serve as the ADA Coordinator. The duties of an ADA Coordinator are to assist the public with questions and concerns regarding disability discrimination. The ADA Coordinator also serves as the primary contact when a public member requests an auxiliary aid or other service to improve communication. Requested services may include but are not limited to a sign language interpreter, documents in braille or large print, etc. The ADA Coordinator is also responsible for investigating and hopefully resolving discrimination complaints. To implement Title II and Title VI requirements, staff is recommending that the following documents be adopted and made available to the general public: • Non-Discrimination Notice informs the public that the Commission will not tolerate discrimination or exclude individuals on the basis of race, color, national origin, age, gender, income status, or disability in admission to its programs, services, or activities. It also informs the public, that the Commission will not tolerate discrimination by an employee or recipient(s) of federal funds such as cities, counties, contractors, consultants, suppliers, planning agencies or any other recipient(s) receiving federal-aid assistance . • Grievance Procedure outlines the process for any individual, group of individuals or entity that believes it has been subjected to discrimination on the basis of race, color, national origin, age, gender, income status, or disability in the provision of services, activities, programs or benefits provided by the Commission. The Grievance Procedure also establishes a process for resolving complaints of disability discrimination in a prompt and fair manner; and • Discrimination Complaint is a form that may be completed in order to document the alleged discrimination. Information on this form will be used by the ADA Coordinator to begin the investigation process. In addition to the Discrimination Complaint form, alternative means of filing complaints, such as personal interviews, computer flash drive/CO, audiotape, or in braille will be made available for persons with disabilities. Although the Commission has fewer than 50 employees and is not likely to exceed the 50 employee threshold, staff believes it is good public policy to implement Title II and Title VI requirements. The Commission has always been responsive to equal employment opportunities (EEO) and had previously adopted an EEO policy stating that it does not unlawfully discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, medical condition, etc., related to its employment practices. Appointing an ADA Coordinator and implementing the ADA Agenda Item SA 13 • • • • • • compliance program requirements further demonstrates the Commission's commitment in serving the public. If approved, the Non-Discrimination Notice, Grievance Procedure, and Discrimination Complaint form will be made available on the Commission's website. In addition, an outline of the ADA compliance program will be available in the lobby of the Commission office and will also be available on the bulletin board where agendas and meeting notices are posted. As part of the ADA requirements, staff will also implement a language telephone line service to ensure meaningful access to its programs and services by individuals with limited english proficiency. The cost to implement this service is minimal - $3.95 a minute once connected with an interpreter; actual charges are incurred only when/if the service is utilized. Once the telephone interpretation service is implemented, staff will monitor requests and actual charges so that a line item can be included in future budgets. For the first year of service, staff. recommends that charges, if any, be absorbed in the administrative budget. Financial Information In Fiscal Year Budget: j Yes I I FY2012/13 Amount: I < $1,000 N/A Year: FY 2013/14 + 1,000 per year Source of Funds: I Measure A, Local Transportation Budget Adjustment: J No Funds, and Interest N/A GL!Project Accounting No.: 001001 73201 00000 0001 101 12 73003 Fiscal Procedures Approved: ~~ J Date: j 09/26/12 Attachments: 1) Non-Discrimination Notice 2) Grievance Procedure 3) Discrimination Complaint Agenda Item SA 14 • ATTACHMENT 1 Riverside County Transportation Commission NON-DISCRIMINATION NOTICE In accordance with the requirements of Title VI of the Civil Rights Act of 1964 and Title II of the Americans with Disabilities Act of 1990 (ADA), the Riverside County Transportation Commission (RCTC) will not discriminate or exclude individuals on the basis of race, color, national origin, age, gender, income status, or disability in admission to its programs, services, or activities, in access to them, in treatment of, or in any aspect of operations. RCTC will not tolerate discrimination by a RCTC employee or recipient(s) of Federal funds such as cities, counties, contractors, consultants, suppliers, planning agencies, or any other recipient(s) receiving federal aid assistance. Employment: RCTC does not discriminate in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title II of the ADA and Title VI of the Civil Rights Act of 1964. Effective Communications: RCTC implemented measures to ensure that persons with limited English proficiency and persons with disabilites have meaningful access to the services, benefits, and information of all its programs and activities. • Modifications to Policies and Procedures: RCTC will make all reasonable modifications to policies and procedures to ensure that all people have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in RCTC offices, even where pets are generally prohibited. • Anyone who requires an auxiliary aid or translation service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of RCTC, should contact RCTC at (951) 787-7141. Requests must be received no later than 72 hours before the scheduled event. RCTC will take reasonable steps to ensure that all individuals have meaningful access to programs, services, and information free of charge. Complaints that a program, service, or activity of RCTC is not accessible should be directed to: Riverside County Transportation Commission John Standiford, Deputy Executive Director 4080 Lemon Street, Third Floor P. 0. Box 12008 Riverside, CA 92502-2208 (951) 787-7141 15 This notice is available in alternate formats. RCTC -Non Discrimination Notice. 8/2012 • • • ATTACHMENT 2 Riverside County Transportation Commission GRIEVANCE PROCEDURE This Grievance Procedure is established to meet the requirements of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Title VI of the Civil Rights Act of 1964. It may be used by any individual, group of individuals, or entity that believes it has been subjected to discrimination on the basis of race, color, national origin, age, gender, income status, or disability in the provision of services, activities, programs, or benefits by the Riverside County Transportation Commission (RCTC). RCTC strongly prohibits retaliation on the basis of any grievance filed under this policy. When possible, the complaint should be in writing and contain information about the alleged discrimination including name, address, phone number of complainant and location, date, and description of the problem. A Discrimination Complaint form will be provided to the complainant upon request. Upon request, alternative means of filing complaints, such as personal interviews, computer flash drive/CO, audiotape, or in Braille will be made available for persons with disabilities. " The complaint should be submitted as soon as possible but no later than 180 calendar days after the alleged violation to RCTC's ADA Coordinator: Riverside County Transportation Commission John Standiford, Deputy Executive Director 4080 Lemon Street, Third Floor P. 0. Box 12008 Riverside, CA 92502-2208 (951) 787-7141 Within 15 calendar days after receipt of the complaint, RCTC's Deputy Executive Director, or designee, will discuss with the complainant the complaint and possible resolutions. Within 15 calendar days of the discussion, RCTC will respond in writing, and where appropriate, in a format accessible to the complainant. The response will explain the position of RCTC and offer options for resolution of the complaint. If the response by the Deputy Executive Director, or designee, does not satisfactorily resolve the issue, the decision may be appealed within 15 calendar days after receipt of the response, to RCTC's Executive Director or designee. Within 15 calendar days after receipt of the appeal, the Executive Director, or designee, will discuss with the complainant the complaint and possible resolutions. Within 15 calendar days after the meeting, the Executive Director or designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by RCTC's Deputy Executive Director, or designee, appeals to the Executive Director, or designee, and responses from these two offices will be retained by RCTC for at least three years . This notice is available in alternate formats. RCTC-Grievance Procedure. 8/2012 16 • • • ATTACHMENT 3 DISCRIMINATION COMPLAINT The Riverside County Transportation Commission (RCTC) is committed to ensuring that no person is excluded from participating in or denied the benefits of its services on the basis of race, color, or national origin as provided by Title VI of the Civil Rights Act of 1964, as amended. Complaints must be filed within 180 days from the date of the alleged discrimination. The following information is necessary to assist RCTC in processing your complaint. If you require any assistance in completing this form, please contact the American with Disabilities (ADA) coordinator, John Standiford, by calling (951) 787-7141. When completed, submit the original signed form or letter in person or by mail to: John Standiford, Deputy Executive Director Riverside County Transportation Commission 4080 Lemon Street, Third Floor P. 0. Box 12008 Riverside, CA 92502-2208 1. Contact Information: Complainant's Name: Address: City,State and Zip Code: FOR QUESTIONS OR ASSISTANCE PLEASE CALL: (951) 787-7141 Telephone: ---'--------(home/work)---------(cell) What are the most convenient days and times for RCTC to contact you about this complaint? 2. Basis of discriminatory action(s): Check (..f) all categories below that apply to the act(s) of discrimination. a. Race or Color b. Gender {please indicate gender) o Male o Female c. Sexual Harassment d. Retaliation e. Disability (specify the name of your disability and/or provide a brief description of its symptoms) f. Age (please indicate your age) g. Income status h. Other {please explain) 3. Date and place of alleged discriminatory action(s): Include the earliest date of discrimination and the most recent date of discrimination: Date: _____ Location: ------------------------ Date: Location: ------------------------ 17 4. How were you discriminated against? Describe the nature of the action, decision, or conditions of the alleged discrimination. Explain as clearly as possible what happened and why you believe your protected status was a factor in the discrimination. Include how other persons were treated differently from you. (Attach additional page(s) if necessary). 5. Names of individuals responsible for the discriminatory action{s): 6. Names of individuals {witnesses, fellow employees, supervisors, or others) whom we may contact for additional information to support or clarify your complaint{s): Address Telephone No. 7. What remedy or action are you seeking for the alleged discrimination? 8. Has this complaint been filed with any other Federal, State, or local investigative agency? No o Yes o If "yes," please provide the following information: Agency: Contact Person: Address: Telephone No.: Date Filed: 9. Please provide any additional information that you believe would assist in the investigation: Please sign and date this form: Signature of Complainant Date This form is available in alternative formats. RCTC-Discrimination Complaint. 8/2012 18 • • • • •• • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 10, 2012 11----------+ TO: Riverside County Transportation Commission 11----------+ FROM: Matthew Wallace, Procurement Manager Theresia Trevino, Chief Financial Officer 11---------+ THROUGH: Anne Mayer, Executive Director n--------+ SUBJECT: Amendment to Agreement for On-Call Internal Audit Services STAFF RECOMMENDA T/ON: This item is for the Commission to: 1) Approve Agreement No. 08-19-029-12, Amendment No. 3 to Agreement No. 08-19-029-00, with Bazilio Cobb Associates (BCA) to increase the contract amount $100,000 for additional on-call internal audit services for a total amount not to exceed $330,000 and to extend the term through 2) December 31, 2013; and Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: At its October 2007 meeting, the Commission approved the selection of Thompson, Cobb, Bazilio & Associates, P.C. (now BCA) and Mayer Hoffman McCann, P.C. (MHM) to perform on-call internal audit services, including audits related to mandated pre-award audits and contract close-outs, as well as other reviews and assistance, for an initial three-year period plus two one-year options. The initial agreements with BCA and MHM were each approved in the amount of $100,000. At its February 2010 meeting, the Commission approved an amendment for: 1) a $1 00,000 increase to each contract amount for additional on- call internal audit services; and 2) an increase in scope related to the state triennial performance audits and in the contract amounts of $30,000 and $61,600 for BCA and MHM, respectively. Accordingly, the amended contract amounts were $230,000 for BCA and $261,600 for MHM. In January 2011, the Commission exercised the two one-year option periods for BCA with no increase in the contract amount. The Commission did not exercise the option periods for MHM, and it never utilized the $100,000 increase in the contract amount approved in 2010 . Agenda Item 88 19 The utilization of BCA to conduct various contractor audits, particularly pre-award audits, has facilitated the Commission's adherence to state and federal funding prerequisites and resulted in effective contract negotiations and cost savings. Due to the successful utilization of BCA for on-call internal audit services, the contract amount has been virtually exhausted and will soon terminate. Given the significant procurement activity associated with the Perris Valley Line project and State Route 91 Corridor Improvement Project, staff recommends the Commission approve an extension of Agreement No. 08-19-029-00 through December 31, 2013, and approve the transfer of the $100,000 unused contract authority from MHM's Agreement No. 08-19-030-00 to BCA's Agreement No. 08-19-029-00. The revised total contract authorization is $330,000. In the next year, staff will conduct a competitive procurement for on-call internal audit services and return to the Commission with a recommendation for contract award(s). Financial Information In Fiscal Year Budget: I Yes Year: I FY 2012/13 Amount: I $50,000 N/A FY 2013/14 $50,000 Source of Funds: I Measure A Budget Adjustment: I No N/A 221 33 65401 Various Projects GL!Project Accounting No.: 222 31 65401 Various Projects 262 31 65401 Various Projects Fiscal Procedures Approved: ~~ I Date: I 10/02/12 Agenda Item 8B 20 • • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 10, 2012 TO: Riverside County Transportation Commission FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 201111 2 Measure A Local Streets and Roads Budget Adjustment STAFF RECOMMENDATION: This item is for the Commission to approve a budget adjustment for a net increase in FY 2011/12 expenditures and transfers out of $3,343,378 related to Measure A local streets and roads allocations and a corresponding decrease for transfers in of $759,512 related to Measure A advances debt service payments. BACKGROUND INFORMATION: As part of the year-end closing procedures, the FY 2011/12 Measure A revenues have been determined to be $134,984,307, a 9.3 percent increase from the FY 2010/11 Measure A revenues of $123,439,833. The FY 2011/12 budgeted Measure A revenues were $124 million. As a result of the higher revenues, there is a related increase in the Measure A local streets and roads allocations that are turned back and disbursed to the county and eligible cities. Accordingly, a budget adjustment is required to increase budgeted Measure A local streets and roads expenditures, as follows: Measure A local FY 2011112 FY 2011/12 Budget Streets and Roads Budget Allocations (Actual} Adjustment Western County $ 26,505,000 $ 28,980,172 $ 2,475,172 Coachella Valley 10,017,000 10,849,687 832,687 Palo Verde Valley 867,000 902,519 35,519 Total $ 37,389,000 $ 40,732,378 $ 3,343,378 Agenda Item 8C 21 Financial Information • In Fiscal Year Budget: I No I Year: I FY 2011/12 Amount: I $3,343,378 Source of Funds: I Measure A local streets and roads Budget Adjustment: I Yes 267 71 86104 $ 2,325,084 we LSR expenditures 267 71 97001 $ 150,088 we transfers out 257 71 86104 $ 1,506,087 ev LSR expenditures 257 71 97001 $ (673,400) ev transfers out GL/Project Accounting No.: 234 71 86104 $ 271,719 PVV LSR expenditures 234 71 97001 $ (236,200) PVV transfers out $ 3,343,378 901 71 59001 $ 759,512 Debt service transfers in Fiscal Procedures Approved: ~~ I Date: I 09/27/12 •• • Agenda Item 8e 22 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 10, 2012 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Shirley Medina, Programming and Planning Manager THROUGH: Anne Mayer, Executive Director Proposition 1 B State-Local Partnership Program Formula Funds - SUBJECT: Western County Project Programming Status and Nomination Request for the Interstate 1 5/Los Alamos Interchange WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve programming up to $3.5 million of Proposition 1 B State-Local Partnership Program (SLPP) formula funds for the Interstate 15/Los Alamos interchange project in the city of Murrieta. BACKGROUND INFORMATION: At its March 2012 meeting, the Commission approved the following Western County projects as candidates for SLPP formula funds: • Foothill Parkway Extension -City of Corona • State Route 91 Corridor Improvement Project (SR-91 CIP) -RCTC • Perris Valley Line (PVL) -RCTC • Interstate 21 5 Central Widening from Scott Road to Nuevo Road -RCTC Subsequently, the 1-21 5 Central widening project received Proposition 1 B Corridor Mobility Improvement Account (CMIA) funds and was fully funded with CMIA and State Transportation Improvement Program (STIP) funding. Additionally, staff determined the PVL project would not require SLPP formula funds. The Foothill Parkway extension project was submitted to the California Transportation Commission (CTC) and approved for $7 million of SLPP formula funds programming at the August CTC meeting. The SR-91 CIP will be submitted for programming approximately $37 million of SLPP formula funds at the December 2012 CTC meeting. At the July 2012 Commission meeting, six projects were nominated by the Coachella Valley Association of Governments (CVAG) for a total of $12,258,000. A summary of the SLPP project programming includes: Agenda Item 80 23 Total A vail able Programming Approved Programming Projects: Six Coachella Valley projects Foothill Parkway Extension SR-91 CIP Total Approved Programming Balance Available $ 58.931 million 12.258 million 7.000 million 37.000 million 56.258 million $ 2.673 million The city of Murrieta (Murrieta) has been working on the 1-1 5/Los Alamos interchange project. The project is nearing construction, and the construction cost is estimated at $9.9 million. The Commission's current commitment of Measure A Western County Highway funding is $2.9 million. Murrieta's committed funding totals $3.5 million. This leaves a funding gap of $3.5 million. Murrieta submitted an application to the CTC for SLPP competitive funding of which a maximum of $1 million can be provided from this funding category. Therefore, staff is recommending approval of up to $3.5 million of SLPP formula funds to complete the 1-15/Los Alamos interchange project. If Murrieta is successful in receiving competitive SLPP funding, the formula funds would be reduced to $2.5 million. If Murrieta is not successful, the additional $1 million needed can be met by reducing the SR-91 CIP SLPP formula programming (from $37 million to $36 million). In •• addition, if there are cost savings at award, the Commission's Measure A funding • shall be reduced first. SLPP formula and competitive fund programs will expire on December 31, 2013. The CTC has strict allocation deadlines in order to allocate and award these funds prior to the December 31, 2013 deadline. The CTC will not allocate any SLPP funds after its June 2013 meeting. Therefore, project allocation requests must be submitted to Caltrans and the CTC by April 2013 to allow for the eight weeks processing and review time needed for inclusion in the June 2013 CTC agenda. There is no financial impact to the Commission, as these SLPP funds would not flow-directly through the Commission. Agenda Item 80 24 • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 10, 2012 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Patricia Castillo, Capital Projects Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement for Station Janitorial Services WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1 ) 2) 3) Award Agreement No. 12-24-086-00 to Spotless Complete Services, Inc. (Spotless) for station janitorial services for a three-year term, and two one-year options to extend the agreement, in the amount of $458,283, plus a contingency amount of $45,828, for a total amount not to exceed $504,111; Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement, including option years, on behalf of the Commission; and Authorize the Executive Director, or designee, to execute task orders awarded under the terms of the agreement. BACKGROUND INFORMATION: The Commission owns and operates fiye commuter rail stations -Downtown Riverside, La Sierra, North Main Corona, Pedley, and West Corona -and one transit center located in Perris. Station cleaning and grounds maintenance services are an important component in attracting the Metrolink rider, as well as preserving and maintaining the Commission's property investments. In December 2007, the Commission approved the current contract for station janitorial services with Spotless, which expires on December 1, 2012. In anticipation of the expiration of the current janitorial contract, staff conducted a procurement process for a new contract. The following tasks have been completed: 25 Agenda Item 8E Distribution of Request for Proposal (RFP) Pre-proposal Conference Deadline for Proposal Submittal by 2:00 p.m. Interviews of Short-listed Proposers Procurement Process May31,2012 June 7, 2012 June 28, 2012 August 30, 2012 Staff received proposals from six firms -Goodwill Southern California, MSG Cleaning Services, NOVA Commercial Co. Inc. (NOVA), Real Estate Consulting & Services, Inc., Spotless, and Ultimate Maintenance Services, Inc. (Ultimate). All six firms submitted responsive and responsible proposals. The weighted factor method of source selection was determined by staff to be the most appropriate for this procurement. This method allows the Commission to identify the most advantageous proposal with price and technical factors considered. Non-price technical factors used to evaluate the proposers under this RFP include elements such as experience, qualifications, personnel, and the firms' ability to respond to the requirements set forth under the terms of the RFP. Utilizing the evaluation criteria set forth in the RFP, the six firms were evaluated and scored by an evaluation committee comprised of Commission and Bechtel staff. • Based on the evaluation committee's assessment of the written proposals, the • evaluation committee short-listed and invited three firms to the interview phase of the evaluation and selection process. Interviews of the short-listed firms -NOVA, Spotless, and Ultimate -were conducted on August 30. Based on the interviews, Spotless was ranked number one by the evaluation committee and demonstrated a complete understanding of the required services and had a detailed plan of approach. Pursuant to the terms of the RFP, staff recommends an agreement be awarded to Spotless, as that firm earned the highest total evaluation score under the evaluation criteria of the RFP. The recommended firm labor rates were competitively established and considered fair and reasonable based upon adequate price competition and staff's evaluation of historical costs paid by the Commission for the same or similar services. Staff is confident that the recommended firm will provide the Commission with quality service at the best possible price. 26 Agenda Item 8E • • I Financial Information I In Fiscal Year Budget: I Yes I FY2012/13 Amount: I $ 52,514 N/A Year: FY 2013/14 + $ 451,597 Source of Funds: j Local Transportation Fund funds Budget Adjustment: J No 244001 73317 00000 0000103 24 73301 244002 73317 00000 0000103 24 73301 GL/Project Accounting No.: 244003 73317 00000 0000 103 24 73301 244004 73317 00000 0000 103 24 73301 244006 73317 00000 0000 103 24 73301 244010 73317 00000 0000 103 24 73301 Fiscal Procedures Approved: ~~ I Date: I 09/17/2012 Attachment: Standard Professional Services Agreement • • 27 Agenda Item BE • • • Agreement No. 12-24-086-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR STATION JANITORIAL SERVICES WITH SPOTLESS COMPLETE SERVICES, INC. 1. PARTIES AND DATE. This Agreement is made and entered into this_ day of , 2012, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co- mmission") and SPOTLESS COMPLETE SERVICES, INC ("Consultant"). 2. RECITALS. 2.1 Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is a professional consultant, experienced in providing janitorial services to public clients, is licensed in the State of California, and is familiar with the plans of Commission . 2.2 Commission desires to engage Consultant to render certain consulting services for the Commuter Rail Station Janitorial Services Project ("Project") as set forth herein. 3. TERMS. 3.1 General Scope of Services. Consultant promises and agrees to furnish to Commission all labor materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide professional consulting services and advice on various issues affecting the decisions of Commission regarding the Project and on other programs and matters affecting Commission, hereinafter referred to as "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. 3.2 Term. The term of this Agreement shall be from the date first specified above to December 1, 2015, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines . 17336.00000\7415357.1 28 3.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of the Commission, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.4 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant under its supervision. Consultant will determine the means, method and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an indepe'ndent contractor basis and Consultant is not an employee of Commission. Consultant retains the right to perform similar or different services for others during"the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall not be employees of Commission and shall at all ti!JleS be under Consultant's exclusive direction and control. Consultant ~~~tLpay all wag-~s. salaries, and other amounts due such personnel in connection with t~~ir pe,rf()rmance of Se.[Vices under this Agreement and as required by law. Consultant s~,2Jt betire~ponsible T®f. all reports and obligations respecting such additional personnel,tj,{;)cluding, but not limited to: social security taxes, income tax withholding, unemploymentinsurance, and workers' compensation insurance . 3.5 bonformanc~ to Applicable Requirements. All work prepared by Consultant shall be subject to the approval ofCommission. . 3.6 Substitution of Key· Personnel. Consultant has represented to Commi~sion that certain key personnel will perform and coordinate the Services under this Agreement.. Should one or.rnore ofsuch personnel become unavailable, Consultant may substitute other personnel of at least equal competence and experience upon written approval of Comrnission. In the event that Commission and Consultant cannot agree as to the substitution of k~y personnel, Commission shall be entitled to terminate this Agreement for cause, pursuan(to provisions of Section 3.16 of this Agreement. The key personnel for performance of this Agreement are as follows: _______________ _ 3.7 Commission's Representative. Commission hereby designates the Executive Director, or his or her designee, to act as its representative for the performance of this Agreement ("Commission's Representative"). Commission's representative shall have the power to act on behalf of Commission for all purposes under this Agreement. Consultant shall not accept direction from any person other than Commission's Representative or his or her designee. 3.8 Consultant's Representative. Consultant hereby designates Manuel Joshua Lara, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full 17336.00000\7415357.1 2 29 • • • • • • authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.9 Coordination of Services. Consultant agrees to work closely with Commission staff in the performance of Services and shall be available to Commission's staff, consultants and other staff at all reasonable times. 3.10 Standard of Care; Licenses. Consultant shall perform the Services under this Agreement in a skillful and competent manner, consistent with the standard generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents andinaintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its.employees and subcontractors have all licenses, permits, qualifications and approvals ofV,hatever nature that are legally required to perform the Services and tH'atsl!lch licenses i:tl'ld approvals shall be maintained throughout the term of this Agreeinent:ii Qpnsultant·sttall perform, at its own cost and expense and without reimbursement from Commission, any Services necessary to correct errors or omissions which are caused by the Consultarlts failure to comply with the standard of care provided for herein, and shall b~fully responsible to the Commission for all damages and other liabilities provided.c:for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. · 3·;11 Laws· and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manneF affecting the performance of the Project or the Services, including all Cai/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.12 Insurance. 3.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section . 17336.00000\7415357.1 3 30 3.12.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurr~tite form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compens~Ji¢>.n and Employer's Liability: Workers' Compensation insurance as required by t~~t~tate of California,·;and Employer's Liability Insurance. ·· (B) Minimum Ll~its of Insurance. Cons~ttant shall maintain • limits no less than: (1) GeneraD!ILia ility: $2,000,QPO per occurrence fqr bodily injury, personal injury and property dam~· lf,~ommerCia)'~@eneral Liability Insurance or other form with general aggregate limit ·r~.·~~sed: · er the:~eneral aggregate limit shall apply separately to this AgreemenUiocation or .. e era I aggr~gate limit shall be twice the required occurrence limit';~~{.)Automobil~;~iabilif. ,OOO,OO~!~~r accident for bodily injury and property dama,ge;1a'ntl·(3)if Consulff!p,t ha~::?n elrrployees, Workers' Compensation • and Employer's Litibil~ty: Work~~~; Comp&ffs?tipn limits as.:.required by the Labor Code of the State of California:· Employ~.r~s Practices Liability limits of $1 ,000,000 per accident. ,, ,fj·'' .s: 3 12 .. 3·: (0 ~~e··•· ·rv>;.:e·· d.·T::~ .. ~-·,,,_ . . "" Jx~~ fj~"t~ :,-.-'-~ ~-:-~c.>·-, '<~v~:: ,: ,.;.,~i1, ::' 1' ii;J{{:("··.<'·-.. ':':~~~\;, 3.1'~:.:4 lnsotance Endors'tirnents. The insurance policies shall contain the following provisions, Cin~consLl'rf~nt shall provide endorsements on forms approved by the Commission to add theJollowing provisions to the insurance policies: · ,. (A};'J General Liability. The general liability policy shall be endorsed to state that.(1) the Commission, its directors, officials, officers, employees and agents shall be covered as .. additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, 17336.00000\7415357.1 4 31 • • • • operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or canceled except after thirty (30) days prior written notic;e by certified mail, return receipt requested, has been given to the Commission; and, ($),a,hy failure to complywith reporting or other provisions of the policies, jr)cluding brea$6es of warranties, shall not affect coverage provided to the Commi'ssiorr,'its directors,2ptficials, officers, employees and agents. 3.12.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Commission. If the Commission does not~pprovethe deductibles or self-insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate ''sUch deductibles df self-insured retentions as respects the Commission, Its direCtors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the Commission. 3.12. 7 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time . 17336.00000\7415357.1 5 32 3.13 Safety. Consultant shall execute and maintain its work so as to avoid • injury or damage to any p'erson or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.14 Fees and Payment. 3.14.1 Compensation.:,:; Consultant shall receive compensation, including authorized reimbursements, for all SeFMiGes rend~red under this:Agreement atthe rates set forth in Exhibit "C" attached hereto. Th#'.tota ?\·· mpensation shall t)ot exceed Two Hundred Seventy Thousand Sixty:{;)()llars ($276', 0) without written approval of Commission's Executive Director ("ToJar?Q-qr;qpensat( .;. Extra Work may be authorized, as described below, and if authorizeGJ'};2wil)b~teompens . at the rates and manner set forth in this Agreement. .,,~; ·· .. i";'.\.:: 3.14.2 Payment of Compensation: Consultant shall submit to • Commission a monthly statementwhich indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies .p,rovided,,~ince the. initial cmr;Q.menc~.J;nent date, or since the start of the subsequent billing periods, ~.$ appropriate, · through the date of the statement. Commission shall, within 45 day:S.of receiving such statement, review the statement and pay all approved charges thereon. 3.14.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Commission. 3.14.4 Extra Work. At any time during the term of this Agreement, Commission may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Commission to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Commission's Executive Director. 3.15 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Commission during normal business hours to examine, audit, and make 17336.00000\7415357.1 6 33 • • • • transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.16 Termination of Agreement. 3.16.1 Grounds for Termination. Commission may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of suchtermination, and specifying the effective date thereof. Upon termination, Consultant shall be compensated only for those services which have been fully and adequately rendered to Commission through the effective date of the termination, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.16.2 Effect of Termination. If this Agreement is terminated as provided herein, Commission may require Consultant to provide all finished or unfinished Documents and Data, as defined below, and other infor'tnation of any kind prepared by Consultant in connection with ·the, p~rformance'· ofServices under this Agreement. Consultant shall be required to provid~sfihh document and other information within fifteen ( 15) days of the request. 3; t'~~~Ad(!litional S~rvices. In the event this Agreement is terminated in whole or in part as provideCf\cfjerein, Commission may procure, upon such terms and in such manner as it may;qetermihe appropriate, services similar to those terminated. ' ··~'':;&/, c.·'~~' ·3~~:lti"'· DeliJ~rv of'·Notices, All notices permitted or required under this Agreemef;itshall'be'given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: ,. ' .. CONSULTANT: Spotl~~s Complete Services, Inc ·.'·>-':.\ 5225 CaiJ'~on Crest Dr. #71 Riverside}'~!\ 92507 Attn: Manuel Joshua Lara COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rct Floor Riverside, CA 92501 Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18 Ownership of Materials/Confidentiality . 17336.00000\7415357.1 7 34 3.18.1 Documents & Data. This Agreement creates an exclusive and perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Commission sbaUo.Qt be limited'in··~·ny way in its use of the Documents <-:(.', --·'·":<'"; . "-'Y<";<_ & Data at any time, provided that ahys'u~~ u~e not within the purposes intended by this Agreement shall be at Commission's~sole'risk.: ·' ·· ,':,~;.,; .3.18.21ntellectual Property. In ?~~ditipn, Commission shall have and retain all right, titl~ and interest (includir:lg copyright, 'patent, trade secret and other proprietary rights) in al~plans, sp~cifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works g,ta~lhGf~hip fixed i!"lf~ny tan~l.t>le medii!J.m or expression, including but not limited to, phy&id:il drawings or other data magnetically br otherwise recorded on computer media ("Intellectual Property'') p~epared or developed by or on behalf of Consultant under this Agreemer)t as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Co~nlission shall have and retain all right, title and interest in Intellectual Property developecil;or modified under this Agreement whether or not paid for wholly or in part by Co~rnissio~, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute· separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of the Commission. 17336.00000\7415357.1 8 35 • • • • • • All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. Commission further is granted· by Consultant a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property otherwise owned by Consultant which is the basis ot foundation for any derivative, collective, insurrectional, or supplemental work created Under this Agreement 3.18.3 Confidentiality. AJlideas, memorand~. specifications, plans, procedures, drawings, descriptions, comptiter program data, iri~'utrecord data, written information, and other Documents and Data,ei,ther creat~d by or pro~i~,~d to Consultant in connection with the performance of this Agr:eementi shall be held confidential by Consultant Such materials shall not, without the P,f;ipfwritten consent of Commission, be used by Consultant for any purpos~s other than the:'p~rformance of the Services. Nor shall such materials be disclosed to anyperson'or:.~ntity ndl)c?Dnected with the performance of the Services or the Project Nothing fi:JrnishEttli'to Consuftantwhich is otherwise known to Consultant or is generally known, or has become known, tdrtbe related industry shall be deemed confidentiaL .· Consultant shall not :use;::commission's name or insignia, photographs of the f-libject, or:'any publicity pertaining to the Services or the Project in any magazine, trade pap'er:, newspaper, television or radio production or other similar medium without the prior written consent of. Commission. /:@hould'Consultant receive a subpoena or court order related to this Agreement, the Service~ or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission in order to allow the Commission to pursue legal remedies designed to limit any confidential information required to be disclosed or to assure the confidential treatment of the information following disclosure. Consultant shall hot respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.19 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement 3.20 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of such actions . 17336.00000\7415357.1 9 36 3.21 Indemnification. Consultant shall indemnify and hold the Commission, • its directors, officials, officers, agents, consultants, employees and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions or willful misconduct of the Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses, Consultant shall defend, at Consultant's own cost, expense and risk, any and all such'aforesaid suits, actions or other legal proceedings of every kind that may be brought or in~tituted against the Commission, its directors, officials, officers, agents, consultants, ~t:nployees and volunteers. Consultant shall pay and satisfy any judgment, award ord.!acree that may be rendered against the Commission or its directors, officials, off;i¢~~~. agents, cdnsultants, employees and volunteers, in any such suit, action or other:,]~gal proceeding. COri~~tttant shall reimburse the Commission and its directors, officials, qffi~ers, age~ts, consullfJJn1$, employees and volunteers, for any and all legal expenses and costs, in ···. ·ng reasonable attorney's fees, incurred by each of them in cogQ~.ction therewitt;i;;> . _; >enforcing the ingemnity herein provided. Consultant's obligation-. .jpdemnity''ShaJJ not be restricted to insurance proceeds, if any, received by the Cq/ n1iissi9n or its ''directors, officials, officers, agents, consultants, employees and volunteers. f\iijlwithstandio9J&Jhe foregoing, to the extent Consultant's Services aJ~~'~J,lbject to Civi.!t,CodeSt:iij}ipf12782.8;)he above indemnity shall be limited, to the extent reqiiiir~d by Civif@pde.SeCti6H2;782.8; to claims that arise out of, pertain to, or relate to;,the negligence, reckl~£?sness, or WillflJiimisconduct of the Consultant. • This Section 3.21 shall survive any expirati{>!')or termination of this Agreement. /,'; '~b~~?~ ->~~~?;f' '«~. " . 3:22 Eetire Agreement. Thts:Ag~~'~ment contains the entire Agreement of the paf'tie$ with respect!t<:> the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. Thi.s Agreement may only be modified by a writing signed by both parties. .· · 3.2;3., Governing taw. This Agreement shall be governed by the laws of the State of California. V~nue sha.JI be in Riverside County. . 3.24 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.25 Commission's Right to Employ Other Consultants. The Commission reserves the right to employ other consultants in connection with this Project. 3.26 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of Commission. 3.27 Prohibited Interests. 17336.00000\7415357.1 10 37 • • • • 3.27.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement For breach or violation of this warranty, Commission shall have the right to rescind this Agreement without liability. 3.27 .2 Conflict of Interest For the term of this Agreement, no member, officer or employee of Commission, during the term of his or her service with Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.28 Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion:'transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or other related Commission prq~rams or guidelines currently in effect or hereinafter enacted . 3.29 ··Subcontracting. Consultant shall not subcontract any portion of the work or Services required by this Agreement, except as expressly stated herein, without prior written-approval of the €;~mmission. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement 3.30 Prevailing Wages. By its execution of this Agreement, Consultant certified that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq:, as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of otherrequirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The Commission shall provide Consultant with a copy of the prevailing rate of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws . 17336.00000\7415357.1 11 38 3.31 Employment of Apprentices. This Agreement shall not prevent the • employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workws inany apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub-consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant aridaQY sub-consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in ~~ch craft or trade in the .. area of the work hereunder. · ·· · · · ,-;;'_,-;; The parties expressly'un~.erstand thatif'tMresponsibility for compliance with provisions of this Section and with;$eCtlortS:J777.5, l:Pil·J.6 and 1777.7 of the California Labor Code in regard to all apprentiee'(}bletf~~\l!;r;lations H~s with Consultant. :.. . ·.><:·,':.-,···. ' 3.32 No Waiver. Failure 6tCom~1:~·~ion tp)nsist on any one occasion upon strict compliance with any of the terms):Covehants or ':conditions hereof shall not be • deemed a waiver of· such term, covenant· or condition, nor shall any waiver or relinquishment of any rights or ppwers hereunder at any one time or more times be deemed a.wai~~£,or relinquisb~entof~lJ.Fh otheJ:.·~ight or power at any other time or times. 3.33 Ei.ght-Ho~F Law. Pursuant to the provisions of the California Labor Code, eight hours of laborshall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made atnot less than one and one-halfthe basic rate for all hours worked in excess of eight hours per day{"Eight-Hour Law"), unless Consultant or the Services are not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub- consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour Law. 3.34 Subpoenas or Court Orders. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the 17336.00000\7415357.1 12 39 • • • • Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.35 Subpoenas or Court Orders. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall , immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.36 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive (lnysuch expiration or termination. 3.37 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed QY the, Parties. \<·::,' 3.38 Labor Certiflcat\on: By its sig~at~re hereunder, Consultant certifies that it is aware of the provisions of S~dion~700 of the CaHJornia Labor Code which require every employer to be insured against,Jiabilityfof;.Worken;~;:~,ompensation or to undertake self-insurance in accordance with the provisions ofthat coH~, and agrees to comply with such provisions before. commepcing the perfonnanc~;:of the 'services . ~ ~· . ,'-?';0 c ' ., 3.39 CounterpaAi: This A9r'eement may be signed in counterparts, each of which shall constitute arr{originaL . 3.40 lhcorporation of Recitals, The recitals set forth above are true and correct and are incorpOrated into.this Agreement as though fully set forth herein. [SIGNATURES ON FOLLOWING PAGE] 17336.00000\7415357.1 13 40 SIGNATURE PAGE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR STATION JANITORIAL SERVICES WITH SPOTLESS COMPLETE SERVICES, INC. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Anne Mayer Executive Director Approved as io Form:', cc ,'_,' By: ~~·~s~~:; Best Best & Krieger LLP General Counsel 17336.00000\7415357.1 14 41 SPOTLESS,COMPLETE SERVICES, lttJC. By: Signature Name Title Attest: By: __________________ _ Its: Secretary • • • • • • 17336.00000\7415357.1 EXHIBIT "A" SCOPE OF SERVICES [__INSERT _j A-1 42 17336.00000\7415357.1 EXHIBIT "8" SCHEDULE OF SERVICES L_INSERT__j B-1 43 • • • • • • 17336.00000\7415357.1 EXHIBIT "C" COMPENSATION [__INSERT___] C-1 44 • • • 'ERSIDE COUNTY TRANSPORTATION COMMISSION Rl~ DATE: TO: FROM: THROUG October 10, 2012 Riverside County Transportation Commission Martha Durbin, Staff Analyst Josefina Clemente, Transit Manager H: Anne Mayer, Executive Director SUBJECT: Request from Valley Resource Center, Inc. dba EXCEED for Measure A Specialized Transit Funds as Capital Match for Section 531 0 Program ECOMMENDA T/ON: STAFFR This item is for the Committee to allocate $5,055 to EXCEED in Measure A County Specialized Transit funds to provide the required capital match for nal Federal Fiscal Year 2008/09 Section 5310 program funded vehicle. Western an additio BACKGR OUND INFORMATION: The Elder ly and Disabled Specialized Capital Transit Program (Section 531 0) was d by the Federal Transit Administration for meeting the transportation elderly persons and persons with disabilities in areas where public mass establishe needs of transport allows f ation services are otherwise unavailable, insufficient, or inappropriate. It or the procurement of accessible vans and buses, communication t, and computer hardware and software for eligible applicants, providing a nding share of 88.53 percent of the cost of the approved capital projects. equipmen federal fu It is Co mmission policy to set aside, on an annual basis, Measure A funds to provide t Riverside 5310 pro he remaining 11 .4 7 percent local match to operators located in Western County that are successful in obtaining federal funds through the Section gram. Successful applicants enter into a project agreement with the State nia Department of Transportation (Caltrans) that stipulates the terms and s under which the equipment must be procured and operated. of Califor condition EXCEED Western appointm employm transport Agenda lte currently provides services to adults with developmental disabilities in Riverside County transporting residential clients to a variety of medical ents and other transportation needs on a varied basis. Supported ent clients who have jobs in the community are also provided with ation. m SF 45 DISCUSSION: For the FFY 2009 Section 531 0 cycle, EXCEED applied for a total of eight vehicles. Seven vehicles were originally approved for funding and subsequently, the Commission approved local match required for the seven vehicles. After Caltrans reevaluated the awarded projects, it was determined that the eighth vehicle for EXCEED could be funded. EXCEED is now requesting the Commission to provide the required additional matching funds for the eighth vehicle awarded in the amount of $5,055 to be funded through Measure A Specialized Transit funds. There is adequate Measure A Specialized Transit funding available in Western Riverside County to cover the additional funds requested. If approved, an amendment to EXCEED's current funding agreement with the Commission will be executed. Financial Information In Fiscal Year Budget: I Yes I Year: I FY 2012/13 Amount: I $5,055 s · f F d I Measure A Western Riverside County Budget Adjustment: I No ource o un s: S . r d T . pec1a 1ze rans1t GLA No.: 1260 26 86102 I Fiscal Procedures Approved: I~~ I Date: I 09/14/12 Attachment: Letter From EXCEED Dated September 11, 2012 Agenda Item SF 46 • • • • E • • CEED A J,V()t*ing Solution September II, 2012 Robert J. Yates RCTC Multi Modal Services Director P.O. Box 12008 Riverside, CA 92502 Dear Mr. Yates: Per our email conversation today, I intend for this letter to be a formal request for additional funding in the amount of$5,054.1 0 from RCTC as the balance of match funding for the Section 5310 for 2009. The vehicle that this match will allow us to keep is a vehicle which transports our adults with developmental disabilities to an from their vocational training and/or their real jobs. We very much appreciate your consideration of our request. Sincerely, Mary P. Morse Director of Resource Development 47 • • • RIVERSIDE COUIVTY TRANSPORTATION COMMISSION DATE: TO: FROM: THROUGH: SUBJECT: October 10, 2012 Riverside Ccunty Transportation Commission Western Riv~rside County Programs and Projects Committee Tanya Love, Goods Movement Manager Anne Mayer Executive Director Iowa Avenu :J and Riverside Avenue Grade Separation Projects WESTERN RIVERSIDE COUrvTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION. This item is for the Com miss ion to: 1) Allocate $2,126,968 in federal Congestion Mitigation Air Quality (CMAQ) funds to the city of Riverside (Riverside) in support of the Iowa Avenue grade separation project; an< 2) Allocate $3,208,622 in Surface Transportation Program (STP) funds to Riverside in support o the Riverside Avenue grade separation project . BACKGROUND INFORMA TI(~N: In April 2008, the Cali ornia Transportation Commission (CTC) allocated $13 million and $8.5 millior in Proposition 1 B Trade Corridor Improvement Funds (TCIF) to the Iowa Avenue and the Riverside Avenue grade separation projects, respectively. Under the tErms of the TCIF program, both projects must start construction no later than December 31, 2013, in order to qualify for the Proposition 1 B funding. The Iowa Avenue project is ready to start construction and the Riverside Avenue project is in final design and right of way acquisition. Both projects have a funding shortfall and require additi pnal funding support to move forward to meet the December 31, 2013 deadlinE . Iowa Avenue The Iowa Avenue project will grade separate the Burlington Northern Santa Fe Railway at an estimated cos of $32,325,770. A total of $30,198,803 in funding is secured leaving a funding shortfall of $2,126,968. The project is scheduled to start construction by the e ~d of September 2012. Staff is seeking approval to allocate $2,126,968 in CMAO funds to cover the funding shortfall . Agenda Item BG 48 Riverside A venue The Riverside Avenue project will grade separate the Union Pacific Railroad at an estimated cost of $35,360,246. A total of $28,398,500 in funding is secured leaving a funding shortfall of $6,961,746; of that amount, $3,208,622 is needed for right of way and $3,753,124 is needed for construction. Staff is requesting that $3,208,622 in STP funds be allocated to complete the right of way phase. Funding to cover the estimated shortfall in the construction phase is not requested at this time pending discussions with CTC staff and a revised engineer's estimate. Summary In April 2007, the Commission approved an off the top allocation of 25 percent of CMAQ and STP federal funds for grade separation projects. As shown on the following table, staff projects that approximately $13.7 million in CMAQ funding will be available for additional grade separation projects after approval of a $2,126,968 CMAQ allocation for the Iowa Avenue project: CMAQ ESTIMATED BEGINNING BALANCE $48,070,041 Grade Date Approved Separation/Goods Amount Movement Allocated by Commission Projects Action Estimated Balance Magnolia Avenue $ 15,000,000 12/2007 $ 33,070,041 Iowa Avenue 3,550,000 6/2011 29,520,041 Clay Street 7,500,000 6/2011 22,020,041 Avenue 66 350,000 9/2011 21,670,041 Iowa Avenue 500,000 6/2012 21,170,041 Clay Street 5,328,510 9/2012 15,841,531 Iowa Avenue 2,126,968 Pending 13,714,563 Agenda Item 8G 49 • • • • • • Approximately $635,041 in STP funds will remain for additional grade separation projects after approval of $3,208,622 in STP funds for the Riverside Avenue project: STP ESTIMATED BEGINNING B $31,333,000 Grade Date Approved Estimated Separation/Goods ount by Commission cated Balance Movement Project Action Iowa Avenue $400,000 12/2007 $30,933,000 Streeter Avenue 7,500,000 12/2007 23,433,000 1-215/Van Buren Blvd. 5,000,000 12/2007 18,433,000 Riverside Avenue 7,000,000 3/2011 11,433,000 1-215/Van Buren Blvd. 7,589,337 6/2011 3,843,663 Riverside Avenue 3,208,622 Pending 635,041 There is no fiscal impact to the Commission's budget as CMAQ and STP funding does not flow through the C mmission . Agenda Item 8G 50 Riverside County Transportation Commission October 10, 2012 With 20 million more people expected to be in California within the next 40 years, we can't build enough highways and airport runways to accom-modate the demand. NEW 2012 BUSINESS PLAN BETTER, FASTER, CHEAPER • Better: Improves statewide mobility - Improves regional travel and increases regional and statewide ridership • Faster: Rail improvements and benefits occur sooner - Connects San Francisco and Los Angeles sooner • Cheaper: Blended system reduces capital investment - Allows for public and private investment l ! O C-5:` 30 CD n 0 0 � Q � CD o . (/) O Q N _• 00 CD 0 CD 0 0 a N• -+ CD Z C/) a 7J to ) 0 CD 3 CD 0 C) Q n 0 CO CD CD CD n (/) Q Q n (. C) 0 0 0 SAO1dW M1Y1S d1S 3311Ell :1131138 m 0 I ;._, II - ~ \ STEP 2 -- MODERNIZE AND CONNECT LOCAL RAIL SYSTEMS $12 billion in improvements to existing regional rail networks across the State to enhance connectivity and safety • Amtrak • Metrolink • BART • Caltrain • Sacramento Regional Transit Axe' Powers 3oarc fratnot oat, -4Xtriose 6 :X ~ .. I ,~ If 1!1 ;;I \ FASTER: SYSTEM MODERNIZATION PROVIDES TANGIBLE RESULTS California Transportation Commission has already released funding Short Term -- Early investments improve operations and increase ridership Long Term -- Lays the ground work for HSR connection r J` maw ..., rr■ M. , I— ,._.. ewe at Slaw CHEAPER: SYSTEM MAXIMIZES ALL FUNDING SOURCES Plan will use state, federal, private and local resources $6 billion already approved by the State legislature for Step 1 • $3.3 billion federal • $2.7 billion Prop. 1 A Responsible and fiscally sound approach • Funding will be identified before additional construction begins • Ridership and revenue will facilitate private investment 9 PUTTING CALIFORNIANS TO WORK JOBS NOW: The first construction segment in the Central Valley creates 20,000 jobs annually for five years JOBS LATER: The entire San Francisco to Los Angeles segment creates an average of 66,000 jobs annually for 15 years and nearly 3,000 permanent jobs 11, 10 OVERSIGHT AND ACCOUNTABILITY • Authority is an autonomous organization under BT&H • Public -Private delivery model • 30% small business goals • 10 %Disadvantaged Business Enterprises (DBE) participation goal • 3 %Disabled Veteran Business Enterprises (DVBE) participation goal PARTNERING WITH LOCAL AGENCIES TO CREATE AN ENDURING LEGACY Immediate investment in the "bookends" • $1 billion plan for both Southern California and the Bay Area • Local agencies prioritize projects that meet Prop 1 A requirements • 1 to 1 match Address population growth and demographic changes Lay the foundation for economic sta bility SOUTHERN CALIFORNIA MOU Targets $1 B in prop 1 A funds for early investment in Southern California and the Bay Area • Example project of regional significance: LA Union Station Run-Thru Tracks • Example projects of local significance: Grade separations and double tracking Promotes interagency approach to develop blended system SOUTHERN CALIFORNIA ACTION PLAN Prioritize connectivity to Southern California • Close the GAP across the Tehachapi's • Connect to Metrolink Partner with local agencies to develop "Early Investment" strategy Implement "Early Investment" strategy Conduct station area planning Coordinate with operators (Metrolink, Amtrak, Caltrans, BNSF etc.) to streamline schedules and connections Continue EIR/EIS work on So Cal sections including Los Angeles to San Diego „am fsmirill • I 4'01 DJ -11,14W14. riverside County Transportation Commission October 10, 2012 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 10, 2012 TO: Riverside County Transportation Commission Marla Modell, Procurement Administrator FROM: Matthew Wallace, Procurement Manager Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Procurement Outreach Update STAFF RECOMMENDATION: This item is for the Commission to receive and file a presentation on procurement outreach activities. BACKGROUND INFORMATION: The Commission's Procurement Department was established in July 2008 in order to centralize the procurement function. Over the past four years, the Commission has managed numerous solicitations related to the delivery of Measure A projects and programs. Currently, Procurement staff is working with the Perris Valley Line (PVL) and State Route 91 Corridor Improvement Project (SR-91 CIP) teams on significant procurement activities, which in terms of size and scope, are among the largest projects in the Commission's history. For the purposes of this Commission meeting, Procurement staff will make a presentation regarding its outreach activities to small and disadvantaged businesses and veterans. During this past year, Procurement staff participated in several outreach events targeted to small and disadvantaged businesses and veterans. Participation at these events provided opportunities to disseminate general information about the Commission's projects and programs, and some events were specifically related to the PVL and SR-91 CIP projects as a result of individual Disadvantaged Business Enterprise project goals. The Commission's next major effort in reaching out to local businesses will be held on Thursday, November 29, 2012, as the Commission hosts its first Small Business Expo at the Moreno Valley Conference Center . 51 Agenda Item 10 c -c c.. OJ ,..... 0 ro n 0 ,....... 0 0 c-c ::J m ,..... ...., ..., \J ~ ro ..., 0 OJ 0 ..... N n n 0 ::r c ~ ..., N ro 3 ro ::J ,..... RCTC Procurement Activities DBE Goal Procurements may have a DBE goal and include outreach to small and disadvantaged businesses and veterans Business Outreach Solicitation (IFB, RFP, RFQ) • Structure and present solicitations and schedules • Small business conferences with networking • Provide assistance in overcoming limitations • Refer to SBA Bonding Assistance Program •Inform DBEs and small businesses of opportunities available • Actively promote conferences, programs and services offered by peer agencies • Refer to online directory of certified DBEs at CUCP website: www.CaliforniaUCP.org Major Project DBE Goals Program/Project Goal • 12.4% • Race neutral DBE goals publicized and reviewed in one-on-one outreach meetings with DBE groups •SCRRA vendor workshop •OCTA Small Business Expo •IE Small Business Spring Procurement Expo •Riverside Chamber 4th Annual Small Business Expo •WTS-IE Small Business Networking Lunch •Presentation to Veterans on Finding Business Contacts •SR-91 CIP Project Information Meeting •SR-91 CIP Public Information •111h Annual Mobility 21 Southern California Transportation Summit •Focus on the Future • ~I c -· -< -< ro N-0~ ~ro N • < ., 0 ro ro < ::J OQ. ro C..Vl-, o(tiw ., ., "'-J Vl ro o c.. • • OJZ -· CD a.=E Ocn :gQO om ;:I...< c CD :::J :::J -· ........ ~(/) CD (/) MORENO VALLEY CONFERENCE CENTER 14075 FREDERICK STREET I MORENO VALLEY, CA 92553 8:30AM -12:00 PM •••• --...-.........; ..,...c....,r.........;..i..c...;..., To receive more information or to learn about sponsorship or exhibitor opportunities, please contact Eliza Echevarria at 951-787-7141 or eecheva rria@rctc.org . RCTC • 4080 LEMON STREET. 3RD FLOOR· P.O. BOX 12008 • RIVERSIDE, CALIFORNIA 92502 • (9511787·7141