HomeMy Public PortalAbout09 September 9, 2015 CommissionCOMM-COMM-00050
TIME/DATE:
LOCATION:
Riverside County TransRortinion Commission
MEETING AGENDA
9:30 a.m. / Wednesday, September 9, 2015
BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
e'a. COMMISSIONERS eel
Chair— Daryl Busch
Vice Chair — Scott Matas
Second Vice Chair —John F. Tavaglione
Kevin Jeffries, County of Riverside
John F. Tavaglione, County of Riverside
Chuck Washington, County of Riverside
John J. Benoit, County of Riverside
Marion Ashley, County of Riverside
Deborah Franklin / Art Welch, City of Banning
Brenda Knight / Jeff Fox, City of Beaumont
Joseph DeConinck / Tim Wade, City of Blythe
Ella Zanowic / Jim Hyatt, City of Calimesa
Dawn Haggerty / Jordan Ehrenkranz, City of Canyon Lake
Greg Pettis / Shelley Kaplan, City of Cathedral City
Steven Hernandez / To Be Appointed, City of Coachella
Karen Spiegel / Randy Fox, City of Corona
Scott Matas / Russell Betts, City of Desert Hot Springs
Adam Rush / Clint Lorimore, City of Eastvale
Linda Krupa / Paul Raver, City of Hemet
Dana Reed / Douglas Hanson, City of Indian Wells
Troy Strange / Glenn Miller, City of Indio
Frank Johnston / Brian Berkson, City of Jurupa Valley
Robert Radi / To Be Appointed, City of La Quinta
Bob Magee / Natasha Johnson, City of Lake Elsinore
Scott Mann / To Be Appointed, City of Menifee
Jesse Molina / Jeffrey J. Giba, City of Moreno Valley
Rick Gibbs / Jonathan Ingram, City of Murrieta
Berwin Hanna / Kathy Azevedo, City of Norco
Jan Harnik / Susan Marie Weber, City of Palm Desert
Ginny Foat / Paul Lewin, City of Palm Springs
Daryl Busch / Rita Rogers, City of Perris
Ted Weill / To Be Appointed, City of Rancho Mirage
Rusty Bailey / Andy Melendrez, City of Riverside
Andrew Kotyuk / Scott Miller, City of San Jacinto
Michael S. Naggar / Michael McCracken, City of Temecula
Ben Benoit / Timothy Walker, City of Wildomar
John Bulinski, Director, Governor's Appointee Caltrans District 8
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.
live a County Transportation Commission
TO: Riverside County Transportation Commission
FROM: Jennifer Harmon, Office and Board Services Manager
DATE: September 2, 2015
SUBJECT: Possible Conflicts of Interest — Riverside County Transportation Commission
Agenda of September 9, 2015
The September 9, 2015 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. 81— Congestion Management Program Monitoring
Consultant(s): VRPA Technologies, Inc.
Georgiena M. Vivian, President
4630 W. Jennifer, Suite 105
Fresno, CA 93722
Agenda Item No. 8L —Amendment to Agreements for On -Call Environmental Consulting Services
Consultant(s): LSA Associates, Inc. VCS Environmental
Rob McCann, President Julie Vandermost Beeman, President
20 Executive Park, Suite 200 30900 Rancho Viejo Road, Suite 100
Irvine, CA 92614 San Juan Capistrano, CA 92675
HDR Engineering, Inc.
Thomas T. Kim, Senior Vice President
3230 El Camino Real, Suite 200
Irvine, CA 92602
1CF Jones & Stokes, Inc.
Jodi Young, Contract Manager
1 Ada Parkway, Suite 100
Irvine, CA 92618
RCTC Potential Conflicts of Interest
September 2, 2015
Page 2
Agenda Item No. 8M — Authorization to Execute the Funds Transfer Agreement and Approval of
Amendment for Forecasting Services with HDR, Inc. and Bridge Funding for the Coachella Vallev
— San Gorgonio Pass Rail Corridor Service Development Plan
Consultant(s): HDR Engineering, Inc.
Kip Field, Vice President
2280 Market Street, Suite 100
Riverside, CA 92501
Tara Byerly
From: Tara Byerly
Sent: Thursday, September 03, 2015 7:33 AM
To: Tara Byerly
Cc: Jennifer Harmon
Subject: RCTC: September Commission Agenda - 09.09.2015
Importance: High
Good morning Commissioners:
The September Agenda for the meeting scheduled for Wednesday, September 9, 2015 @ 9:30 a.m. is available. Please
copy the link:
http://www.rctc.org/uploads/media items/september-9-2015.original.pdf
In addition, for your review is the attached conflict of interest memo and the form. Please let me know if you have any
questions. Thank you.
Conflict of Conflict of
Interest Form.pdf [nterest Memo.pdf
Respectfully,
Tara S. Byerfy
Deputy Clerk of the Board
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
(951) 787-7141
1
Tara Byerly
From: Tara Byerly
Sent: Thursday, September 03, 2015 7:37 AM
To: Tara Byerly
Subject: RCTC: September Commission Agenda - 09.09.2015
Importance: High
Good morning Commission Alternates:
The September Commission Agenda for the meeting scheduled for Wednesday, September 9, 2015 @ 9:30 a.m. is now
available.
http://www.rctc.org/uploads/media items/september-9-2015.original.pdf
Respectfully,
Tara S. yerfy
Deputy Clerk of the Board
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
(951)787-7141
J.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
9:30 a.m.
Wednesday, September 9, 2015
BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside, CA
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed
72 hours prior to the meeting, which are public records relating to open session agenda items, will be available
for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street,
Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal
Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is
needed to participate in a Commission meeting, including accessibility and translation services. Assistance is
provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring
reasonable arrangements can be made to provide assistance at the meeting.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENTS — Each individual speaker is limited to speak three (3) continuous minutes or
less. The Commission may, either at the direction of the Chair or by majority vote of the Commission,
waive this three minute time limitation. Depending on the number of items on the Agenda and the
number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2)
continuous minutes. In addition, the maximum time for public comment for any individual item or
topic is thirty (30) minutes. Also, the Commission may terminate public comments if such comments
become repetitious. Speakers may not yield their time to others without the consent of the Chair. Any
written documents to be distributed or presented to the Commission shall be submitted to the Clerk of
the Board. This policy applies to Public Comments and comments on Agenda Items.
Under the Brown Act, the Commission should not take action on or discuss matters raised during public
comment portion of the agenda that are not listed on the agenda. Commission members may refer
such matters to staff for factual information or to be placed on the subsequent agenda for
consideration.
5. APPROVAL OF MINUTES — JULY 8, 2015
Riverside County Transportation Commission Agenda
September 9, 2015
Page 2
6. PUBLIC HEARING - ADOPTION OF A RESOLUTION OF NECESSITY AND AMENDED
RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF PERMANENT DRAINAGE EASEMENT
AND PERMANENT UTILITY EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY
BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS A VACANT PARCEL WITH NO
ASSIGNED ASSESSOR'S PARCEL NO. AND ASSESSOR PARCEL NOS. 118-040-027; AND
101-170-010 LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE
ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, BETWEEN PIERCE STREET ON THE EAST TO
THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA
Page 1
Overview
This item is for the Commission to:
1) Conduct a hearing to consider the adoption of resolutions of necessity, including
providing all parties interested in the affected property 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:
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 owner.
3) Adopt Resolution of Necessity No. 15-018 and Amended Resolutions of Necessity Nos.
13-071 and 13-068, "Resolutions of Necessity for the Acquisition of Property Interests
in Certain Real Property, by Eminent Domain, More Particularly Described as a Parcel
of Land for Which No Assessor Parcel Number is Assigned (Caltrans Parcel No.
23880-1); and APNs 118-040-027 (CPN 22172-7); and 101-170-010 (CPN 22106-5)
Located in Corona, California Riverside County, California", for the State Route 91
Corridor Improvement Project (SR-91 CIP), Between Pierce Street on the East to the
Riverside/County Line on the West, in Riverside County, California.
7. ADDITIONS / REVISIONS — The Commission may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to
the attention of the Commission subsequent to the posting of the agenda. An action adding
an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the
Commission members present, adding an item to the agenda requires a unanimous vote.
Added items will be placed for discussion at the end of the agenda.
8. CONSENT CALENDAR — All matters on the Consent Calendar will be approved in a single
motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled
from the Consent Calendar will be placed for discussion at the end of the agenda.
Riverside County Transportation Commission Agenda
September 9, 2015
Page 3
8A. QUARTERLY FINANCIAL STATEMENTS
Page 29
Overview
This item is for the Commission to receive and file the Quarterly Financial Statements
for the year ended June 30, 2015.
88. QUARTERLY SALES TAX ANALYSIS
Overview
This item is for the Commission to receive and file the sales tax analysis for
Quarter 1 2015 (1Q 2015).
8C. QUARTERLY INVESTMENT REPORT
Overview
This item is for the Commission to receive and file the Quarterly Investment Report
for the quarter ended June 30, 2015.
8D. SINGLE SIGNATURE AUTHORITY REPORT
Overview
This item is for the Commission to receive and file the Single Signature Authority
report for the fourth quarter ended June 30, 2015.
8E. FISCAL YEAR 2013/14 TRANSPORTATION DEVELOPMENT ACT AND MEASURE A
AUDIT RESULTS
Overview
This item is for the Commission to receive and file the Transportation Development
Act (TDA) and Measure A audit results report for Fiscal Year 2013/14.
8F. FEDERAL TRANSIT ADMINISTRATION TRIENNIAL REVIEW RESULTS
Overview
Page 38
Page 47
Page 105
Page 107
Page 116
This item is for the Commission to receive and file a report on the 2015 Triennial
Review of the Commission performed by the Federal Transit Administration (FTA).
Riverside County Transportation Commission Agenda
September 9, 2015
Page 4
8G. CALPERS DELEGATION OF AUTHORITY TO REQUEST DISBURSEMENTS
Overview
This item is for the Commission to:
Page 141
1) Designate the Chief Financial Officer, Deputy Executive Director, and Deputy
Director of Finance to request disbursements from the CaIPERS pre -funding
plan; and
2) Authorize the Chair to execute the Delegation of Authority to Request
Disbursements.
8H. REVISIONS TO PROCUREMENT POLICY MANUAL
Overview
This item is for the Commission to:
Page 143
1) Approve the revised Riverside County Transportation Commission
Procurement Policy Manual (PPM) for the procurement and contracting
activities undertaken by the Commission, pursuant to legal counsel review as
to conformance to state and federal law; and
2) Adopt Resolution No. 15-017, "Resolution of the Riverside County
Transportation Commission Regarding the Revised Procurement Policy
Manual".
81. CONGESTION MANAGEMENT PROGRAM MONITORING
Overview
This item is for the Commission to:
Page 211
1) Approve Agreement No. 10-65-114-04, Amendment No. 4 to Agreement
No. 10-65-114-00, with VRPA Technologies for continued monitoring of the
Congestion Management Program (CMP) system of highways and roads per
federal requirements for an additional amount of $28,167, and a total amount
not to exceed $286,960; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission.
Riverside County Transportation Commission Agenda
September 9, 2015
Page 5
8J. FISCAL YEAR 2015/16 ANNUAL LOCAL TRANSPORTATION FUND PLANNING
ALLOCATIONS TO WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Page 217
Overview
This item is for the Commission to approve an allocation of Local Transportation Fund
(LTF) planning funds in the amount of $684,750 for Western Riverside Council of
Governments (WRCOG) and $373,500 for the Coachella Valley Association of
Governments (CVAG) for efforts identified in each agency's FY 2015/16 LTF Program
Objectives/Work Plan (Work Plan) that support transportation planning programs and
functions consistent with regional and subregional plans, programs and requirements.
8K. AGREEMENT FOR CALIFORNIA HIGHWAY PATROL CONSTRUCTION ZONE
ENHANCEMENT ENFORCEMENT PROGRAM SERVICES DURING THE CONSTRUCTION
OF THE INTERSTATE 215 CENTRAL WIDENING PROJECT FROM SCOTT ROAD TO
NUEVO ROAD IN THE CITIES OF MENIFEE AND PERRIS
Page 226
Overview
This item is for the Commission to:
1) Approve Agreement No. 13-31-035-02, Amendment No. 2 to Agreement
No. 13-31-035-00, with the California Highway Patrol (CHP) for Construction
Zone Enhanced Enforcement Program (COZEEP) services during the
construction of the Interstate 215 Central widening project for an additional
amount of $1.1 million, resulting in a total amount not to exceed $2,180,000;
2) Approve an increase of $1.1 million in FY 2015/16 budget revenues and
expenditures for construction support services related to the project;
3) Approve an increase of $5 million in FY 2015/16 budget revenues and
expenditures for construction services related to the project; and
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission.
8L. AMENDMENT TO AGREEMENTS FOR ON -CALL ENVIRONMENTAL CONSULTING
SERVICES
Overview
This item is for the Commission to:
Page 232
1) Approve the following amendments to provide on -call environmental
consulting services for an additional three-year term, for a total term not to
exceed five years;
Riverside County Transportation Commission Agenda
September 9, 2015
Page 6
a) Agreement No. 13-31-132-02, Amendment No. 2 to Agreement
No. 13-31-132-00, with ICF International;
b) Agreement No. 13-31-149-02, Amendment No. 2 to Agreement
No. 13-31-149-00, with LSA Associates, Inc.;
c) Agreement No. 13-31-150-02, Amendment No. 2 to Agreement
No. 13-31-150-00, with HDR Engineering, Inc.; and
d) Agreement No. 13-31-151-02, Amendment No. 2 to Agreement
No. 13-31-151-00, with VCS Environmental;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to execute task orders awarded
under the terms of the agreements.
8M. AUTHORIZATION TO EXECUTE THE FUNDS TRANSFER AGREEMENT AND APPROVAL
OF AMENDMENT FOR FORECASTING SERVICES WITH HDR, INC. FOR THE
COACHELLA VALLEY — SAN GORGONIO PASS RAIL CORRIDOR SERVICE
DEVELOPMENT PLAN
Page 242
Overview
This item is for the Commission to:
1) Authorize the Executive Director to execute the Caltrans Division of Rail
(Caltrans) Fund Transfer Agreement No. 16-25-017-00;
2) Approve Agreement No. 14-25-072-01, Amendment No. 1 to Agreement No.
14-25-072-00, with HDR, Inc. (HDR) for rail forecasting services, for an
additional amount of $69,450, and a total amount not to exceed $1,917,095,
with bridge funding from Coachella Valley Rail fund reserves in advance of
Commission receipt of Federal Railroad Administration (FRA) grant funds; and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission.
8N. ANNUAL FUNDING MEMORANDUM OF UNDERSTANDING WITH SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY
Overview
This item is for the Commission to:
Page 247
1) Approve the form of the Fiscal Year 2015/16 Annual Funding Memorandum of
Understanding (MOU) No. 16-25-014-01 with Southern California Regional Rail
Authority (SCRRA) and authorize the Executive Director to approve and
execute the final MOU, pursuant to legal counsel review; and
Riverside County Transportation Commission Agenda
September 9, 2015
Page 7
2) Authorize the Executive Director to approve and execute amendments to the
MOU, pursuant to legal counsel review, for additional amounts up to the total
amounts not to exceed $14,555,000 for operations and $9,483,000 for capital
projects.
80. REVIEW OF COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS NEIGHBORHOOD
ELECTRIC VEHICLE PLAN
Overview
This item is for the Commission to receive and file the Coachella Valley Association of
Governments (CVAG) Neighborhood Electric Vehicle (NEV) Plan.
9. INTERSTATE 15 EXPRESS LANES PROJECT — ECONOMIC BENEFIT ANALYSIS
Overview
Page 267
Page 386
This item is for the Commission to receive and file the Economic Benefit Analysis study on the
Interstate 15 Express Lanes project.
10. 2016 STATE TRANSPORTATION IMPROVEMENT PROGRAM UPDATE
Overview
This item is for the Commission to approve reprogramming State Transportation
Improvement Program (STIP) projects as reflected in Table A.
11. FEDERAL AND STATE LEGISLATION UPDATE
Page 405
Overview
This item is for the Commission to receive and file an update on federal and state legislation.
12. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
13. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT
Overview
Page 403
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
September 9, 2015
Page 8
14. CLOSED SESSION
14A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Agency Negotiator: Executive Director or Designee
Property Owner(s): See Below
Item
APN(s)
CPN(s)
Property Owner(s)
1
234-240-011
234-250-016
234-250-018
234-250-024
N/A
Riverside County Transportation Commission
14B. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION
Exposure to Litigation Pursuant to Subdivision (d)(2) of Government Code Section
54956.9
Potential Number of Case(s): 1
14C. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
Pursuant to Government Code Section 54956.9 (d)(1)
Case No(s). RIC 1307299 and RIC 1405648
15. ADJOURNMENT
The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday,
October 14, 2015, Board Chambers, First Floor, County Administrative Center, 4080 Lemon
Street, Riverside.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ROLL CALL
SEPTEMBER 9, 2015
Present Absent
County of Riverside, District I /21❑
County of Riverside, District II � ❑
County of Riverside, District III A ❑
County of Riverside, District IV � ❑
County of Riverside, District V � ❑
City of Banning � ❑
City of Beaumont , ❑
City of Blythe ❑
City of Calimesa : ❑
City of Canyon Lake S ❑
City of Cathedral City A ❑
City of Coachella � ❑
City of Corona ) ❑
City of Desert Hot Springs )71/ ❑
City of Eastvale i2' ❑
City of Hemet )2r ❑
City of Indian Wells 0 ❑
City of Indio gr ❑
City of Jurupa Valley 2r ❑
City of La Quinta 0 ❑
City of Lake Elsinore . ❑
City of Menifee S.
❑
City of Moreno Valley 0 ❑
City of Murrieta 0 ❑
City of Norco % ❑
City of Palm Desert 0 ❑
City of Palm Springs 2' ❑
City of Perris .21❑
City of Rancho Mirage � ❑
City of Riverside ,3 ❑
City of San Jacinto ❑
City of Temecula ,2r ❑
City of Wildomar 2 ❑
Governor's Appointee, Caltrans District 8 X 0
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
COMMISSIONER SIGN -IN SHEET
SEPTEMBER 9, 2015
AGENCY
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AGENDA ITEM 5
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MINUTES
Wednesday, July 8, 2015
1. CALL TO ORDER
The Riverside County Transportation Commission was called to order by
Chair Daryl Busch at 9:34 a.m. in the Board Room at the County of Riverside
Administrative Center, 4080 Lemon Street, Riverside, California, 92501.
2. PLEDGE OF ALLEGIANCE
Commissioner Deborah Franklin led the Commission in a flag salute.
3. ROLL CALL
Commissioners/Alternates Present Commissioners Absent
Marion Ashley Linda Krupa
Ben Benoit Clint Lorimore
John J. Benoit Bob Magee
Daryl Busch Scott Mann
John Bulinski Jesse Molina
Joseph DeConinck Michael Naggar
Ginny Foat Greg Pettis
Deborah Franklin Robert Radi
Rick Gibbs Dana Reed
Dawn Haggerty Karen Spiegel
Berwin Hanna Troy Strange
Jan Harnik John F. Tavaglione*
Kevin Jeffries Ted Weill
Frank Johnston Chuck Washington
Brenda Knight Ella Zanowic
Andrew Kotyuk
*Arrived after the meeting was called to order
4. PUBLIC COMMENTS
Steven Hernandez
Scott Matas
City of Riverside
Ms. Sara Costin, representing the Local Chapter for the Women's Transportation
Seminar — Inland Empire Chapter (WTS-IE), announced the WTS-IE is hosting its 4th
annual battle of the all stars fundraising softball event on July 29, 2015 at the
San Manuel Stadium.
Riverside County Transportation Commission Minutes
July 8, 2015
Page 2
5. APPROVAL OF MINUTES—JUNE 10, 2015
M/S/C (Radi/Washington) to approve the June 10, 2015 minutes as submitted.
Abstain: Foat and Kotyuk
6. PUBLIC HEARING — ADOPTION OF A RESOLUTION OF NECESSITY AND AMENDED
RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT ACCESS
EASEMENT, AND PERMANENT SLOPE EASEMENT INTERESTS IN PORTIONS OF CERTAIN
REAL PROPERTY BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS AN
ALLEYWAY WITH NO ASSIGNED ASSESSOR'S PARCEL NO., AND ASSESSOR PARCEL NOS.
102-050-003 AND 102-050-006 LOCATED IN CORONA, RIVERSIDE COUNTY,
CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT,
BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN
RIVERSIDE COUNTY, CALIFORNIA
Chair Busch opened the public hearing and called upon legal counsel to explain the
nature and scope of this hearing.
Haviva Shane, legal counsel, explained the purpose of this hearing is for the Board to
consider the adoption of Resolution of Necessity No. 15-015 and Amended Resolutions
of Necessity Nos. 13-045 and 13-046 for the acquisition of real property for the State
Route 91 Corridor Improvement Project (SR-91 CIP). She stated at the conclusion of this
hearing, the Board will be asked to adopt the resolution of necessity and she listed the
findings. She explained the purpose of this hearing is to consider the need for
acquisition of the property and not to consider the value of the property.
Jennifer Harmon, Clerk of the Board, verified the proof of mailing that certifies the
notices were sent to the property owners of said parcel numbers are on file with the
Commission. Ms. Harmon stated there were no written objections, protests, or
requests to be heard from the owners or their representatives.
Mark Lancaster, Right of Way Manager, presented the resolution of necessity and two
amended resolutions of necessity for the SR-91 CIP and discussed the following areas:
• Four findings required by the Board;
• Project Map — Parcel map — Parcel location in the project area;
• Offers of just compensation;
• Aerial views of the parcels; and
• Staff recommendation.
Chair Busch called on any person who wished to be heard that has an interest in a
property. There were no requests to speak.
Riverside County Transportation Commission Minutes
July 8, 2015
Page 3
Chair Busch then called on any other person who wished to be heard. There were no
requests to speak.
At this time, Chair Busch closed the public hearing.
M/S/C (Reed/Harnik) to:
1) Conduct a hearing to consider the adoption of resolutions 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 resolutions of necessity;
2) Make the following findings as hereinafter described in this report:
a) The public interest and necessity require the proposed project;
b) The project is planned or located in a manner that will be most
compatible with the greatest public good and the least private
injury;
c) The real property to be acquired is necessary for the project; and
d) The offer of just compensation has been made to the owner.
3) Adopt Resolution of Necessity No. 15-015 and Amended Resolutions of
Necessity Nos. 13-045 and 13-046, "Resolutions of Necessity for the
Acquisition of Property Interests in Certain Real Property, by Eminent
Domain, More Particularly Described as Ca!trans Parcel No. 23769 and
Assessor Parcel Nos. 102-050-003 and 102-050-006 located in Corona,
Riverside County, California", for the State Route 91 Corridor
Improvement Project (SR-91 CIP), between Pierce Street on the east to
the Riverside/Orange County line on the West, in Riverside County,
California.
7. PUBLIC HEARING — RIVERSIDE COUNTY TRANSIT SERVICES FUNDING ALLOCATION FOR
FISCAL YEAR 2015/16
Chair Busch opened the public hearing.
Fina Clemente, Transit Manager, presented the FY 2015/16 funding allocation for
Riverside County transit services, highlight the following:
• Short Range Transit Plans (SRTP) FY 2015/16 — FY 2017/18;
• FY 2015/16 transit financial plan by revenue source;
• FY 2015/16 transit revenue outlook: Local Transportation Fund, Measure A, and
State Transit Assistance funds; and
• Staff recommendation.
Chair Busch called on any person who wished to be heard. There were no requests to
speak.
Riverside County Transportation Commission Minutes
July 8, 2015
Page 4
At this time, Chair Busch closed the public hearing.
M/S/C (Kotyuk/Molina) to:
1) Conduct a public hearing at its July Commission meeting on the
proposed Section 5307 Program of Projects (POP);
2) Approve the Fiscal Year 2015/16 Federal Transit Administration's (FTA)
Section 5307 and 5311 POP for Riverside County;
3) Approve the FY 2015/16 Local Transportation Fund (LTF) and State
Transit Assistance (STA) fund allocations for transit;
4) Direct staff to add projects into the Federal Transportation
Improvement Program (FTIP);
5) Adopt Resolution No. 15-014, "Resolution of the Riverside County
Transportation Commission to Allocate State Transit Assistance Funds";
and
6) Approve the disbursement of $4,798,000 in LTF funds to Riverside
Transit Agency (RTA) as a bridge loan due to the United States
Department of Labor (DOL) suspension of federal funds due to Public
Employees' Pension Reform Act of 2013 (PEPRA) issues.
8. ADDITIONS / REVISIONS
There were no additions or revisions to the agenda.
9. CONSENT CALENDAR
M/S/C (Pettis/Reed) to approve the following Consent Calendar items.
9A. FEDERAL TRANSIT ADMINISTRATION PROPOSED TRIENNIAL OVERALL
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM GOAL FOR FEDERAL FISCAL
YEARS 2016-18
1) Adopt 10.8 percent as the Commission's Federal Transit Administration
(FTA) proposed triennial Overall Disadvantaged Business Enterprise (DBE)
race -neutral goal for Federal Fiscal Years 2016-18 for the period October
1, 2015 to September 30, 2018;
2) Adopt Resolution No. 15-016, "Resolution of the Riverside County
Transportation Commission Adopting Its Triennial Overall Disadvantaged
Business Enterprise Program Goal (49 CFR Part 26) as it Applies to
Funding Received Directly from the Federal Transit Administration"; and
3) Authorize the Executive Director to approve final adjustments to the DBE
race -neutral goal for FFY 2016-18 as a result of comments received
during the public notice and comment period.
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July 8, 2015
Page 5
9B. FISCAL YEARS 2016-20 MEASURE A FIVE-YEAR CAPITAL IMPROVEMENT PLANS
FOR LOCAL STREETS AND ROADS
Approve the Fiscal Years 2016-20 Measure A Five -Year Capital Improvement
Plans (CIPs) for Local Streets and Roads (LSR) as submitted.
9C. 2009 MEASURE A LOCAL STREETS AND ROADS MAINTENANCE OF EFFORT BASE
YEAR REQUIREMENTS FOR EASTVALE AND JURUPA VALLEY
1) Approve the 2009 Measure A Local Streets and Roads (LSR) Maintenance
of Effort (MOE) base year requirement of $38,949 for the city of Eastvale
(Eastvale); and
2) Approve the 2009 Measure A LSR MOE base year requirement of $0 for
the city of Jurupa Valley (Jurupa Valley).
9D. 2015 STATE ROUTE 91 IMPLEMENTATION PLAN
Receive and file the 2015 State Route 91 Implementation Plan.
9E. CITY OF LAKE ELSINORE REQUEST FOR TRANSPORTATION UNIFORM
MITIGATION FEE REGIONAL ARTERIAL PROGRAM FUNDS FOR INTERSTATE
15/RAILROAD CANYON ROAD AND FRANKLIN STREET INTERCHANGE PROJECT
1) Approve programming $4.6 million in Transportation Uniform Mitigation
Fee (TUMF) Regional Arterial funds for design and right of way phases for
the Interstate 15/Railroad Canyon Road and Franklin Street interchange
project;
2) Approve an additional $4 million in TUMF Regional Arterial funds for the
construction phase contingent upon approval of U.S. Department of
Transportation (DOT) Transportation Investment Generating Economic
Recovery (TIGER) funding;
3) Approve Agreement No. 10-72-016-04, Amendment No. 4 to Agreement
No. 10-71-016-00, with the city of Lake Elsinore for $2 million in design
and $2.6 million in right of way funds related to the project;
4) Authorize the Chair or Executive Director, pursuant to legal counsel, to
execute the agreement on behalf of the Commission; and
5) Approve a budget adjustment to increase Fiscal Year 2015/16 TUMF
Regional Arterial expenditures in the amount of $4.6 million.
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July 8, 2015
Page 6
9F. UTILITY AGREEMENTS FOR THE STATE ROUTE 74 WIDENING PROJECT BETWEEN
DEXTER AVENUE IN THE CITY OF LAKE ELSINORE AND 7TH STREET IN THE CITY
OF PERRIS
1) Approve Agreement No. 15-31-113-00 between the Commission and
Southern California Edison Company (SCE) to reimburse SCE's review cost
of joint use agreements (JUAs), legal descriptions, and plat maps to
establish SCE utility easements with prior rights relocated by the State
Route 74 widening project between Dexter Avenue in the city of Lake
Elsinore and 7t" Street in the city of Perris, for a total amount not to
exceed $65,000;
2) Approve Agreement No. 15-31-115-00 between the Commission and
Elsinore Valley Municipal Water District (EVMWD) to reimburse
EVMWD's review cost of JUAs, legal descriptions, and plat maps to
establish EVMWD's utility easements with prior rights relocated by the
SR-74 widening project between Dexter Avenue in the city of Lake
Elsinore and 7h Street in the city of Perris, for a total amount not to
exceed $45,000; and
3) Authorize the Executive Director, pursuant to legal counsel review, to
execute the agreements, on behalf of the Commission.
9G. COACHELLA VALLEY-SAN GORGONIO PASS RAIL CORRIDOR STUDY PURPOSE
AND NEED STATEMENT REVISION AND DRAFT CONCEPT ALTERNATIVES
TECHNICAL MEMORANDUM
1) Receive and file the revised Purpose and Need Statement for the
Coachella Valley -San Gorgonio Pass Rail Corridor Study; and
2) Receive and file the draft Concept Alternatives Technical Memorandum.
9H. RIVERSIDE COUNTY PUBLIC TRANSPORTATION: ANNUAL COUNTYWIDE
PERFORMANCE REPORT FOR FISCAL YEAR 2013/14
Receive and file the Riverside County Public Transportation Annual Countywide
Performance Report (Countywide Report) for Fiscal Year 2013/14.
91. FISCAL YEAR 2015/16 SAN BERNARDINO ASSOCIATED GOVERNMENTS
AGREEMENT FOR INLAND EMPIRE RIDESHARE AND 511 SERVICES
1) Approve Agreement No. 15-41-114-00 with the San Bernardino
Associated Governments (SANBAG) as part of the Commission's
continuing bi-county partnership with SANBAG to deliver
commuter/employer rideshare services and operation of the Inland
Empire 511 (IE511) system for Fiscal Year 2015/16 in an amount not to
exceed $1,650,000; and
Riverside County Transportation Commission Minutes
July 8, 2015
Page 7
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission.
10. 2016 STATE TRANSPORTATION IMPROVEMENT PROGRAM PLAN UPDATE
Shirley Medina, Planning and Programming Director, presented the 2016 State
Transportation Improvement Program (STIP), highlighting the following areas:
• STIP, STIP fund estimate, past STIP cycles, and reprogramming;
• 2014 STIP projects;
• Special session;
• STIP intracounty formula;
• 2016 STIP, project selection, and submittal timeline; and
• Staff recommendation.
At this time, Commissioner John Tavaglione joined the meeting.
Anne Mayer noted the SR-60/Truck Climbing and Descending Lane project is in the
FY 2016/17 STIP. She explained it is probable this project will stay in that fiscal year
since the rest of this project is funded by State Highway Operation and Protection
Program funds (SHOPP), which is for the safety components of the project. The other
projects listed with the exception of the I-10/Jefferson Street interchange project, which
is under construction, will likely see multiyear delays in funding.
M/S/C (Molina/Tavaglione) to approve the formula percentage distribution
among the three geographic areas in Riverside County (Western County,
Coachella Valley, and Palo Verde Valley) based on taxable sales per the State
Transportation Improvement Program (STIP) Intracounty Memorandum of
Understanding (MOU) for purposes of preparing the 2016 STIP submittal.
11. 91 PROJECT — CONSTRUCTION UPDATE
David Thomas, Toll Project Manager, presented a construction update on the State
Route 91 Corridor Improvement Project (91 Project), highlighting the following areas:
• Project area map;
• Photo — South side of SR-91/Lincoln Avenue interchange cut and reface work of
the businesses, utility relocation, jack and bores, and directional drilling;
• Photo — Old eastbound SR-91 to northbound/southbound 1-15 connector existing
bridge demolition over BNSF Railway (BNSF) tracks, and soffit and stem
installation;
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July 8, 2015
Page 8
• Photo — Southbound 1-15 to westbound SR-91 connector deck pour, existing
bridge demolition over BNSF tracks, demolition of existing connector bridge
toward western abutment limits, and drilling operation by BNSF tracks;
• Photo — East Grand Boulevard flyover connector facing east and west, eastbound
SR-91 at Serfas Club Drive off ramp facing west retaining wall footing rebar and
formwork installation;
• Photo — SR-91 new Frontage Road alignment between Serfas Club Drive and
Maple Street facing north a stem pour, Wardlow Circle facing west mechanically
stabilized earth (MSE) panel installation for right of way;
• Photo — Cast and place retaining walls, MSE walls, paving operation on 1-15, and
1-15 median at old Temescal Road facing north paving and block out for median
sign structure foundation, 91 Corona squeeze where the lanes were narrowed to
pave the outer edge of concrete;
• Photo — Eastbound SR-91 at Smith to Maple Streets facing southwest a sound
wall demolition, Smith to Sherman Avenues facing east sound wall demolition
and temporary fence installation, Serfas Club Drive off ramp at Northmoor
properties facing east and westbound 91/71 interchange looking northeast the
earthwork being done;
• Photo — Westbound SR-91 at Green River Road off -ramp at west Prado Road
bridge deck the stem -soffit concrete pour between Abutment 1 and Bent 4,
facing north the deck concrete placement between Abutment 1 and Bent 4, the
removal of false work between Abutment 1 and Bent 3; and
• Major construction activities summary;
• Upcoming activities — August 2015 the completion of new Frontage Road and
eastbound Maple Street onramp, 2-month closure at Serfas Club Drive
westbound off ramp, 15-month closure at Serfas Club Drive eastbound on ramp;
September 2015 — Northwest connector traffic switch, Green River Road
westbound off ramp traffic switch; electronic toll and traffic management
system turnover on April 14, 2016; New lanes open in 2017; and
• How to stay connected.
In response to Commissioner Ben Benoit's question regarding the number of laborers,
David Thomas replied there are approximately 500 laborers onsite and an approximate
total of 1,000 laborers currently employed on the overall project.
In response to Commissioner Karen Spiegel's question regarding potential delays related
to the BNSF tracks, David Thomas replied there are some challenges being dealt with,
however, he is confident staff will achieve a solution in order to complete the project on
schedule.
Anne Mayer discussed the active projects impacting BNSF tracks, which have created
several closures for BNSF. Staff is managing the situation and working closely with
BNSF.
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July 8, 2015
Page 9
At Commissioner Kevin Jeffries' request, David Thomas described the ramp
configurations at the 15/91 interchange upon project completion.
Commissioner Jeffries expressed concern there will be five lanes at Ontario Avenue,
which will reduce to three lanes within a half -mile, creating a new major bottleneck as a
result of this project.
In response to Commissioner Dawn Haggerty's question regarding project completion,
Dave Thomas replied in 2017, all lanes will be open to traffic, including the toll lanes.
In response to Commissioner Clint Lorimore's question regarding which month the lanes
will open, David Thomas replied the current project schedule indicates January 9, 2017,
for substantial completion.
Anne Mayer expressed her appreciation to the entire 91 Project team.
M/S/C to receive and file an update on the 91 Project.
12. FEDERAL AND STATE LEGISLATION UPDATE
Aaron Hake, Government Relations Manager, presented an update on the federal and
state legislative activities, highlighting the following areas:
• H.R. 2497 — National Environmental Policy Act (NEPA) Reciprocity Act;
• The Developing a Reliable and Innovative Vision for the Economy (DRIVE) Act;
• Special session on transportation; and
• Transit: The California Public Employees' Pension Reform Act (PEPRA) (California)
vs. U.S. Department of Labor Section 13(c).
At this time, Commissioner Jeffries stepped out of the meeting.
Commissioner John Benoit expressed his support for H.R. 2497 and his gratitude to
Congressman Jeff Denham for his efforts.
Commissioner Scott Mann expressed his support for H.R. 2497 and briefed the
Commission on his discussions with U.S. Transportation Secretary Anthony Foxx. He
then asked for the next steps toward the passage of H.R. 2497.
Aaron Hake replied his sense is that H.R. 2497 stands a much better chance in the House
than it does in the Senate as it was not included in the Senate's DRIVE Act. He
suggested the Commission needs to champion this bill in the House to ensure it makes it
to the conference committee. Then the Commission needs to be engaged in the Senate
conferences.
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July 8, 2015
Page 10
Commissioner Mann stated the U.S. Conference of Mayors last summer unanimously
approved a resolution in support of a reciprocity bill and suggested the Commission
leverage these successes.
M/S/C (Mann/Harnik) to:
1) Receive and file an update on federal and state legislation; and
2) Adopt the following bill position — H.R. 2497 — Support.
At this time, Commissioner Jeffries rejoined the meeting.
13. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION
There were no items pulled from the Consent Calendar.
14. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT
14A. Commissioner Harnik announced the Southern California Association of
Governments (SCAG) scheduled a California Gold Workshop: Bring Cap and Trade
Dollars to Southern California for August 6, at SCAG's main office.
14B. Commissioner Bob Magee referred to Agenda Item 9E, "City of Lake Elsinore
Request for Transportation Uniform Mitigation Fee Regional Arterial Program
Funds for Interstate 15/Railroad Canyon Road and Franklin Street Interchange
Project", and expressed appreciation it passed unanimously. He expressed his
appreciation to Commission staff, the Technical Advisory Committee, and his
fellow Commissioners for support. He then stated his city's commitment to
continue to be a good regional partner and to project completion.
14C. Anne Mayer announced the November Commission meeting will be held on
Thursday, November 12, 2015, at 9:30 a.m. in the Eastern Municipal Water
District's Board Room in Perris due to the Veterans' Day holiday.
At this time, Commissioners Benoit, Jeffries, Magee, Mann, and Jesse Molina as well as Caltrans
District 8 Representative John Bulinski left the meeting.
15. CLOSED SESSION
15A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
Pursuant to Government Code Section 54956.9 (d)(1)
Case No(s). RIC 1314276 and RIC 1311601
There were no announcements from Closed Session items.
Riverside County Transportation Commission Minutes
July 8, 2015
Page 11
16. ADJOURNMENT
There being no further business for consideration by the Riverside County
Transportation Commission, Chair Busch adjourned the meeting at 11:06 a.m. The next
Commission meeting is scheduled to be held at 9:30 a.m., Wednesday,
September 9, 2015, Board Chambers, First Floor, County Administrative Center,
4080 Lemon Street, Riverside.
Respectfully submitted,
0)-)""9-(L- H
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 6
PUBLIC HEARING
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
September 9, 2015
TO:
Riverside County Transportation Commission
FROM:
Mark Lancaster, Right of Way Manager
THROUGH:
Anne Mayer, Executive Director
SUBJECT:
Adoption of a Resolution of Necessity and Amended Resolutions of Necessity
for the Acquisition of Permanent Drainage Easement and Permanent Utility
Easement Interests in Portions of Certain Real Property by Eminent Domain,
More Particularly Described as a Vacant Parcel with No Assigned Assessor's
Parcel No. and Assessor Parcel Nos. 118-040-027; and 101-170-010 Located
in Corona, Riverside County, California, for the State Route 91 Corridor
Improvement Project, Between Pierce Street on the East to the County Line
on the West, in Riverside County, California
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Conduct a hearing to consider the adoption of resolutions of necessity, including
providing all parties interested in the affected property 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:
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 owner.
3) Adopt Resolution of Necessity No. 15-018 and Amended Resolutions of Necessity Nos.
13-068 and 13-071, "Resolutions of Necessity for the Acquisition of Property Interests in
Certain Real Property, by Eminent Domain, More Particularly Described as a Parcel of
Land for Which No Assessor Parcel Number is Assigned (Caltrans Parcel No. 23880-1);
and APNs 118-040-027 (CPN 22172-7); and 101-170-010 (CPN 22106-5) Located in
Corona, California Riverside County, California", for the State Route 91 Corridor
Improvement Project (SR-91 CIP), Between Pierce Street on the East to the
Riverside/County Line on the West, in Riverside County, California.
Agenda Item 6
1
BACKGROUND INFORMATION:
The Commission is being asked to consider the adoption of this resolution to acquire additional
property interests in the parcel listed below. This interest is required for construction of the
SR-91 CIP.
The power of eminent domain is used by the Commission only as a last resort to obtain
interests necessary for public highway projects after 1) negotiations have stalled; or 2) the
owner has requested the Commission proceed directly to eminent domain for tax or other
advantages; or 3) the eminent domain process is necessary to clear the title to the property. In
this case, offers of just compensation have been made to the owners for the full Fair Market
Value as determined by an appraisal. Commission staff attempted to negotiate amicable
settlements in good faith, and will continue to do so throughout the process. Fair Market Value
is defined by the state of California and is one of the most inclusive definitions in the United
States. It requires the highest and best use of the property be considered. All of the
Commission's appraisals must meet the California definition of Fair Market Value.
One of the requirements for acquiring property for improvement projects is that an offer of just
compensation be made to the owners of the property. The Commission makes these offers in
person whenever possible. The amount of compensation is determined by appraisals prepared
by independent appraisal firms licensed by the Bureau of Real Estate Appraisers. The content
of these appraisals, what elements are considered in them, and the methodologies used in the
preparation are all proscribed by various laws and the Uniform Standards of Appraisal Practice
(USPAP), published by the Appraisal Foundation. The Federal Government recognizes the
USPAP as generally accepted appraisal standards and requires USPAP compliance for appraisers
in federally related transactions. Every appraisal calculates the market value of the acquisition
as defined by the California Code of Civil Procedure, based on the highest and best use, as
defined in USPAP, and includes consideration of severance damages and project benefits, which
is also defined in the California Code of Civil Procedure. In every case, the owner is invited to
accompany the appraiser during the site visit so that as much information as possible is
considered in the appraisal. A review appraisal prepared by a different certified appraiser is
then conducted to ensure all proper procedures have been followed. Additionally, in
accordance with state law, every owner is offered up to $5,000 to reimburse them for the cost
to have their own appraisal prepared.
Staff will bring to the Commission those interests that meet one of the criteria above. The
timing of these resolutions will balance the need to give the owners as much time as possible to
reach an agreement, while at the same time allowing enough time for the Commission to go
through the process to obtain possession in time to avoid delays to the design -build contractor.
The legal process from adoption of the resolutions of necessity to receiving legal possession of
the properties takes approximately 150 days. California eminent domain law provides that a
public entity may not commence with eminent domain proceedings until its governing body has
Agenda Item 6
2
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 owner.
Since an agreement has not been reached with some property owners, it may be necessary to
acquire necessary interests by eminent domain. The initiation of the eminent domain process
is accomplished by the Commission's adoption of resolutions of necessity for the affected
properties.
Record property owners must be afforded an opportunity to appear at the hearing and lodge
objections. A notice of this hearing was sent by first class mail to the property owners, and
stated the Commission's intent to consider the adoption of resolutions, the right of the
property owners to appear and be heard on these issues, and that failure to file a written
request to appear would result in a waiver of the right to appear and be heard. The
Commission scheduled this hearing at which all persons who filed a written request in
compliance with applicable law may appear and be heard. Aerial views of the parcels subject to
this staff report in relation to the SR-91 CIP are attached.
Finding 1: Public Interest and Necessity Require the Project
SR-91 in Riverside County ranks among the nation's worst commutes. Stop -and -go traffic is the
norm, especially during morning and late afternoon rush hours. Traffic congestion on
eastbound SR-91 between the cities of Anaheim and Corona is routinely among the worst 15
areas in the nation.
SR-91 is continuing to experience increased congestion as a result of population growth in
Riverside and San Bernardino Counties and the increase in jobs in Los Angeles and Orange
Counties. Demographic projections for the Southern California Association of Governments
(SCAG) region show population and employment in Riverside and Orange Counties are forecast
to increase substantially by 2035. As a result, traffic volumes on SR-91 are expected to increase
by approximately 50 percent by 2035, which would result in even greater congestion and delays
on SR-91. The existing travel demand on SR-91 has led to a heavy directional commute pattern
between Los Angeles, Orange and Riverside Counties that is projected to continue into the
future.
Agenda Item 6
3
SR-91 is the only major highway that links Orange and Riverside Counties. Extending from the
Orange County/Riverside County line in the city of Corona to Pierce Street in Riverside, the
SR-91 CIP will add mixed flow lanes, tolled express lanes, improve interchanges, bridges, ramps,
and local streets. New freeway to freeway ramp connections between the SR-91 and Interstate
15 also will be made.
The SR-91 CIP is designed to reduce delays, improve air quality, offer a choice between regular
(mixed flow) lanes and express lanes, allow faster emergency response, relieve local street
congestion, and provide better access to public transit and commuter rail.
Finding 2: The Project is Planned or Located in a Manner Most Compatible with Greatest
Public Good and Least Private Injury
A thorough analysis was conducted to find the single best location for the SR-91 CIP.
Environmental analyses and findings indicate the chosen alignment uniquely satisfies
engineering, public health, and environmental issues, and is the most compatible with the
greatest public good and least private injury.
To minimize private injury, a thorough analysis regarding the need for each property and each
interest was conducted in the planning stages of the SR-91 CIP. Efforts during the planning
stages included conducting public outreach meetings and seeking feedback about the SR-91 CIP
alignment and potential impacts. Staff also met regularly with various local agencies and
businesses to determine if modifications to the alignment were necessary to minimize impacts.
These efforts continued over the course of years to ensure the alignment design achieved the
greatest public good with the least private injury.
As part of the acquisition process, unless settlement was reached within the first 30 days after
an offer was made, every property owner was provided an opportunity to participate in
meetings with project staff. The goal of these meetings was to minimize private injury not only
on the basis of information staff obtained through the planning process, but also on the
information provided by the property owners. As a result, staff has in some cases included
mitigation measures to reduce and minimize impacts to the property.
Compliance with the California Environmental Quality Act has been satisfied by Caltrans'
certification of an environmental impact report (EIR) in its role as lead agency on August 8,
2012, and the Commission's subsequent consideration of that certified EIR in its role as a
responsible agency on November 14, 2012.
Finding 3: The Real Property to be Acquired is Necessary for the Project
The property interests sought below have been analyzed to determine if a feasible design
alternative that exists would alleviate the need for the interest. As indicated above, the
property owners of the interests were invited to meet with project staff and provide input to
address any concerns the property owners may have with the design of the SR-91 CIP in the
manner proposed and the necessity of the acquisition. To the extent the property owners
Agenda Item 6
4
raised such concerns, staff took those concerns into consideration and attempted to make
design modifications as feasible as possible. In the end, staff recommends the following
interests in real property are necessary for the project.
RON No. 15-018 — Owner: ASC 1.46 Acres, LLC (John M. Brewster and Karen A. Brewster); No
Assigned Assessor Parcel No.; CPN 23880-1
The real property to consider in this resolution is owned in fee by ASC 1.46 Acres, LLC (John M.
Brewster, Sr. and Karen A. Brewster). The property is bounded by SR-91 to the north, Palisades
Drive to the south, and commercial properties to the east and west. The property has an
irregular land configuration and is currently vacant.
Due to design refinements, the Commission is now seeking to acquire a non-exclusive drainage
easement across a portion of the property. Since the land is a vacant lot, no improvements will
be impacted. An offer of just compensation for the property interest was made to the property
owner on July 2, 2015.
Legal definition(s), legal description(s), and/or plot map(s) of the property and the part to be
acquired is attached as an exhibit to Resolution of Necessity No. 15-018. An aerial view of the
parcel and the parcel's relationship to the SR-91 CIP is also attached.
A Notice of Hearing to property owners was mailed on July 24, 2015.
Amended RON No. 13-068 — Owner: Public Storage, Ltd.; APN 118-040-027; CPN 22172-7
The real property subject to the amended resolution is owned by Public Storage Properties,
Ltd., a California limited liability partnership. The property is irregular in shape and consists of
approximately 126,071 square feet, or 2.90 acres of land area, and is bounded by Pomona Road
to the north and west, SR-91 to the south, and Smith Avenue to the east. The property is
currently improved with a self -storage facility comprised of six storage buildings containing 463
rental units, office and on -site manager's apartment, associated parking lot, and other
improvements.
The Commission previously acquired fee, permanent wall footing easement, permanent utility
easement and temporary construction easement interests in portions of the property.
Resolution No. 13-068 was adopted on November 13, 2013; the property was subsequently
acquired through negotiated purchase.
Because of design changes, the Commission must now acquire a permanent and perpetual
utility easement of 622 square feet, of which 47 square feet lies within the retaining wall
footing easement acquired on September 2, 2014. An offer of just compensation for the
additional interest was made to the property owner on July 23, 2015.
Agenda Item 6
5
Legal definition(s), legal description(s), and/or plat map(s) of the portions to be acquired are
exhibits to Amended Resolution of Necessity No. 13-068. An aerial view of the parcel with an
overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is
also attached.
The Notice of Hearing to property owners was mailed on July 24, 2015.
Amended RON No. 13-071 — Owners: John M. Brewster, Sr. and Karen A. Brewster;
APN 101-170-010; CPN 22106-5
The real property subject to the amended resolution is owned in fee by John M. Brewster, Sr.
and Karen A. Brewster and is a parcel comprised of approximately 49,590 square feet, or 1.14
acres of land area, and is bounded by SR-91 to the north, Palisades Drive to the south, and
commercial properties to the east and west. The property has an irregular land configuration
and is currently vacant.
The Commission previously acquired a fee interest in a portion of the property. Due to design
refinements, the Commission is now seeking to acquire a non-exclusive drainage easement
across a portion of the property. Since the land is a vacant lot, no improvements will be
impacted. An offer of just compensation for the additional interest was made to the property
owners on May 26, 2015.
Legal definition(s), legal description(s), and or/ plot map(s) of the larger parcel and the part to
be acquired is attached as an exhibit to Amended Resolution of Necessity No. 13-071. An aerial
view of the parcel and the parcel's relationship to the SR-91 CIP is also attached.
A Notice of Hearing to the property owners was mailed on July 24, 2015.
Finding 4: Offers of Just Compensation Have Been Made to the Property Owners
Litigation guarantees were obtained from Commonwealth Land Title Insurance Company and
First American Title Insurance Company to confirm and identify the parties with an interest in
the parcels affected by the SR-91 CIP. The Commission then served the affected property
owners and other interested parties as appropriate, with a notice of the Commission's decision
to appraise the property.
The Commission had the real property interests appraised by Scott A. Lidgard, MAI, CCIM, and
Thomas M. Pike, Jr., MAI, to establish the Fair Market Value of the property the Commission is
seeking to acquire from the parties identified herein.
Offers of just compensation were made to the property owners to purchase the property
interests, based on the approved appraisals, as required by Section 7267.2 of the California
Government Code. In this instance, the Commission will acquire the interests necessary and set
forth above from the property owners to ensure the property will be available to meet the time
frames associated with the construction of the SR-91 CIP.
Agenda Item 6
6
Fiscal Impact
There is no fiscal impact due to adoption of the resolution of necessity. All property acquisition
expenses are included in the SR-91 CIP budget.
Attachments:
1) Resolution No. 15-018
2) Amended Resolution No. 13-068
3) Amended Resolution No. 13-071
Agenda Item 6
7
ATTACHMENT 1
RESOLUTION NO. 15-018
RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A DRAINAGE EASEMENT
INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN,
WHICH HAS NO ASSESSOR PARCEL NUMBER ASSIGNED BY THE RIVERSIDE
COUNTY ASSESSOR'S OFFICE, LOCATED IN CORONA, RIVERSIDE COUNTY,
CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT,
WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE
COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA
WHEREAS, the Riverside County Transportation Commission (Commission)
proposes to acquire a drainage easement interest in a portion of certain real property, located
in Riverside County, California, a parcel of land for which no assessor parcel number is assigned
(identified only as CPN 23880-1), for the State Route 91 Corridor Improvement Project in
Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the
California Public Utilities Code, and section 1240.120 of the California Code of Civil Procedure;
and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the
Commission scheduled a public hearing for Wednesday, September 9, 2015, at 9:30 a.m., at the
County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street,
Riverside, California, and gave to each person whose property is to be acquired and whose
name and address appeared on the last equalized county assessment roll, notice and a
reasonable opportunity to appear at said hearing and be heard on the matters referred to in
section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, said hearing has been held by the Commission, and the affected property
owner and other interested parties were 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 drainage easement interest to be acquired
is for the State Route 91 Corridor Improvement Project in Riverside County, California. Section
130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by
eminent domain, property necessary for such purposes.
8
Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal
description and depiction of the property to be acquired by the Commission, and which
describes the general location and extent of the property with sufficient detail for reasonable
identification.
Section 4. Findings. The Commission hereby finds and determines each of the following:
(a) The public interest and necessity require the proposed
project;
(b) The proposed project is planned or located in the manner
that will be most compatible with the greatest public
good and least private injury;
(c) The property defined, described and/or depicted in
Exhibit "A" is necessary for the proposed project; and
(d) The offer required by section 7267.2 of the California
Government Code was made.
Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of
the real property affected by the 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 1240.510 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.
9
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 interest or property to be acquired so as to reduce the
compensation payable in the action where such change would not substantially impair the
construction and operation for the project for which the real property is being acquired.
Section 8. Effective Date. This Resolution shall take effect upon adoption.
APPROVED AND ADOPTED this 9th day of September, 2015.
Daryl R. Busch, Chair
Riverside County Transportation Commission
ATTEST:
Jennifer Harmon, Clerk of the Board
Riverside County Transportation Commission
10
11
PS OMAS
EXHIBIT `Al'
LEGAL DESCRIPTION
Caltrans Parcel No. 23880-1
Drainage Easement
APN N.A.
A strip of land 20.00 feet wide in the City of Corona, County of Riverside, State of
California, being a portion of the lands described in the Relinquishment of Highway
Right of Way in the County of Riverside, Road 08-RIV-91-0.0-3.6 Request No. 185 R
recorded September 28, 1971 as Document No. 109814 of Official Records of said
County, described as follows:
Beginning at the southeasterly corner of the lands described in the deed recorded March
24, 2004 as Document No. 2004-0205087 of Official Records of said County; thence
North 18°24'07" East 111.20 feet along the general easterly line of last said lands to a
point thereon, said point being distant South 18°24'07" West 5.77 feet from an angle
point of said general easterly line, said point also being the most westerly corner of the
lands described in the Affidavit — Death of Trustee recorded April 19, 2007 as Document
No. 2007-0264803 of Official Records of said County; thence North 41 °37'34" East 5.69
feet to a point on the general southerly line of the lands described in said Document No.
2007-0264803, said point being distant South 57°50'28" East 2.31 feet from said most
westerly corner; thence South 57°50'28" East 20.28 feet along said general southerly line
to a point thereon; thence South 41 °37'34" West 4.91 feet; thence South 18°24'07" West
107.51 feet; thence North 70°22'27" West 20.00 feet to the Point of Beginning.
Containing 2,293 square feet.
See Exhibit `A2' attached hereto and made a part hereof.
MA2PTG010501\SURVEY\LEGALS\22106_APN_101-170-010\Legais\23880-1_DE.doc
5/28/2015
Page 1 of 2
EXHIBIT A, PAGE 2 OF 5
12
PS OMAS
The distances described herein are grid distances and are based on California Coordinate
System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing
grid distances by the mean combination factor of the courses being described. The mean
combination factor for this conversion is 0.99997476.
Prepared under the direction of
Brian E. Bullock, PLS 5260
6.-z8-/s
Date
MA2PTG010501\SURVEY\LEGALS\22106_APN_101-170-010\Lega1s123880-1_DE.doc
5/28/2015
Page 2 of 2
EXHIBIT A, PAGE 3 OF 5
13
EXHIBIT A2
PARCEL#
TITLE
AREA
APN
23880-1
DE
2,293 SQ.FT.
N/A
03' Q - �
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\ 29,2
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31.86'
116.97'
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CURVE TABLE
\ \\ ,
0 \\ 0
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L=201 .61 ' 0=09° 1 7'08"
L=541 .34' A=25° 50'51 "
}
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LINE TABLE
L1 N61 °05'1 9"W
L2 - N70°22127"W
L3 - N18°24'07"E
LEGEND
POB Indicates Point Of Beginning
(R) Indicates Radial Bearing
( )Title to State
Cl - R=1 244.00'
C2 - R=1 199.97'
))) i Access Prohibited
NOTES
FEET
2 3 S 8 0- 1
DRAINAGE EASEMENT
' ��
Coordinates and bearings are on
CCS 1983(2007.00) Zone 6. Distances and
stationing are grid distances. Divide
by 0.99997476 to obtain ground
distances. All distances are in feet
unless otherwise noted.
360
0 60 120 240
PREPARED BY:
PSOMAS
3 Hutton Centre Drive Ste. 200
Santa Ana, California 92707
(714)481-80534714)545-8803 (Fax)
DATE: 04-06-15 REV.: 05-28-15 EA: 0F540 FA#:
DISTRICT
COUNTY
ROUTE
SHEET PM
SHEET NO.
TOTAL SHEETS
pp TT
8 PYI-ii44-VA Porp9A.
nr
5 2.9
1
2
14
EXHIBIT A2
PARCEL#
TITLE
AREA
APN
23880-1
DE
2,293 SO.FT.
N/A
4/
�
PARCEL
}
PARCEL
N0,30911
P,M, 207/
)36
.\N
P O B'o
8
MAP
1 2- 17
0)
\•
�� ,
" �
f1r•
FAO
23,
DOC.
2004-0205087
REC. 03-24-2004
�'\
%o
DETAIL
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° J • ,
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°)
L=201.61'
SCALE 1" =20'
CURVE TABLE
0l
��o o i
c'� cP6.
Vim,
4
o
LEGEND
C1 - R=1244.00'
POB Indicates Point Of Beginning
(R) Indicates Radial Bearing
( ) Title to State
i i i i Access Prohibited
NOTES
FEET
2 3 8 8 0- 1
DRAINAGE EASEMENT
I
Coordinates and bearings are on
CCS 1983(2007.00) Zone 6. Distances and
stationing are grid distances. Divide
by 0.99997476 to obtain ground
distances. All distances are in feet
unless otherwise noted.
60
.
0 10 20 40
PREPARED BY:
PSOMAS
3 Hutton Centre Drive, Ste. 200Santo
(714)481Ana, 2707
8053/(714)54598883 (Fox)
DATE: 04-06-15 REV.: 05-28-15 EA: OF540 FA#:
DISTRICT
COUNTY
ROUTE SHEET PM
SHEET NO.TOTAL
SHEETS
8 EXHIAV
A,
AG2 0,15 2. 9
2
2
15
Legal Definitions of Property to be Acquired
The following is a list of definitions of legal rights to be acquired by Riverside County
Transportation Commission:
"Drainage Easement" (CPN 23880--1) refers to non-exclusive, permanent and perpetual
easement and right of way in favor of ROTC, and to its successors and assigns, to construct,
reconstruct, repair, extend and maintain excavation, together with all rights necessary for
incidentals thereto, on, over, under and across the Property, including the right to trim, cut or
clear away any trees, brush or other vegetation or flora, from time to time, as determined in its
sole discretion, as described in the exhibit attached hereto and by reference made apart hereof,
and with the following, and as set forth below:
RCTC, its agents, employees, successors and assigns, shall have the right of ingress to
and egress from the easement and right of way for the purpose of exercising the rights conveyed
herein.
17336.02100\13173025.1
EXHIBIT A, PAGE 1 OF 5
16
ATTACHMENT 2
AMENDED RESOLUTION NO. 13-068
RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A PERMANENT UTILITY
EASEMENT INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT
DOMAIN, IDENTIFIED AS ASSESSOR PARCEL NO. 118-040-027, LOCATED IN
CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91
CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN
PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE
COUNTY, CALIFORNIA
WHEREAS, the Riverside County Transportation Commission (the "Commission")
proposes to acquire a utility easement interest in a portion of certain real property, located in
Riverside County, California, more particularly described as Assessor Parcel No. 118-040-027
(Caltrans Parcel No. 22172-7), for the SR-91 Corridor Improvement Project in Riverside County,
California, pursuant to the authority granted to it by section 130220.5 of the California Public
Utilities Code, and section 1240.120 of the California Code of Civil Procedure; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the
Commission scheduled a public hearing for Wednesday, September 9, 2015 at 9:30 a.m., at the
County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street,
Riverside, California, and gave to each person whose property is to be acquired and whose
name and address appeared on the last equalized county assessment roll, notice and a
reasonable opportunity to appear at said hearing and be heard on the matters referred to in
section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, said hearing has been held by the Commission, and the affected property
owners were 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 a utility easement in a portion of the property
to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California.
Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire,
by eminent domain, property necessary for such purposes.
17
Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal
definitions, descriptions and maps of the interests to be acquired by the Commission that
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 defined, described and/or depicted in
Exhibit "A" is necessary for the proposed project; and
(d) The offer required by section 7267.2 of the California
Government Code was made.
Section S. 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 uses pursuant to section 1240.510 of the California Code of Civil Procedure.
Section 6. More Necessary Public Use. Some or all of the real property affected by the
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.
18
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 9th day of September, 2015.
Daryl R. Busch, Chair
Riverside County Transportation Commission
ATTEST:
Jennifer Harmon, Clerk of the Board
Riverside County Transportation Commission
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
PS OMAS
EXHIBIT `El'
LEGAL DESCRIPTION
Ca'trans Parcel No. 22106-5
Drainage Easement
APN 101-170-010 /
A strip of land in the City of Corona, County of Riverside, State of California, being a
portion of the lands described in the Affidavit — Death of Trustee recorded April 19, 2007
as Document No. 2007-0264803 of Official Records of said County, described as
follows:
Beginning at the most westerly corner of said lands; thence South 57°50'28" East 2.31
feet along the general southerly line of said lands to a point thereon, said point being the
True Point of Beginning; thence South 57°50'28" East 20.28 feet continuing along last
said line to a point thereon; thence North 41°37'34" East 13.10 feet to a point on general
northerly line of said lands, said point being the beginning of a non -tangent curve
concave southerly having a radius of 12099.70 feet, to which point a radial line bears
North 04°38'46" East; thence westerly along said last said line and said curve 25.06 feet
through a central angle of 00°07'07" to a point thereon, said most westerly corner and
point of beginning being westerly along said line and said curve 2.86 feet from said point;
thence South 41 °37'34" West 1.34 feet to the True Point of Beginning.
Containing 145 square feet.
See Exhibit `E2' attached hereto and made a part hereof.
The distances described herein are grid distances and are based on California Coordinate
System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing
grid distances by the mean combination factor of the courses being described. The mean
combination factor for this conversion is 0.99997476.
MA2PTG010501\SURVEYMLEGALS\22106_APN_101-170-0101ega1s122106-5 DE.doc
4/6/2015
Page 1 of
EXHIBIT A, PAGE 2 OF 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
PS OMAS
Prepared under the direction of
Brian E. Bullock, PLS 5260
Date
• 1..AND Sem
I N. �000
52C60A1
A
MA2PTG0105011SURVEY\LEGALS\22106_APN_101-170-0101Lega1s122106-5_DE.doc Page 2 of 2
4/6/2015
EXHIBIT A, PAGE 3 OF 5
EXHIBIT E2
PARCEL#
TITLE
AREA
APN
221 06-5
DE
1,45 SO.FT.
1 01,-70-01 0
'4 \
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vp�o \�y��J
1111‘
.
\ / i'll ' 4
�43`
I'
1.•
�p0
RADIAL TABLEc9_
R1 _ N04°30'51
R2 N05°37'04"E
LEGEND
TPOB Indicates True Point
POB Indicates Point Of Beginning
(R) Indicates Radial Bearing
Of Beginning
S20°57'27
24.55'
( ) Title to State
1 1 11 Access Prohibited
NOTES
FEET
2 2 1 Q 6- 5
DRAINAGE EASEMENT
Coordinates and bearings are on
CCS 1983(2007.00) Zone 6. Distances and
stationing are grid distances. Divide
by 0.99997476 to obtain ground
distances. All distances ore in feet
unless otherwise noted.
i
0 60 120 240 360
PREPARED BY:
PSOMAS
ontotAna, Calion forniae� 707 200
(714)481-0053/(714)545-00H (Fax)
DATE: 04-06-15 REV.: EA: OF540 FA#:
DISTRICT
COUNTY
ROUTE
SHEET PM
SHEET NO.TOTAL
SHEETS
8
R I V
91
2. 9
1
2
EXHIBIT E2
PARCEL#
TITLE
AREA
APN
22106-5
DE
145 SOFT.
101-170-010
DOC. NO. 2004-0205087 O.R.
t/ REC. 03-24-2004
,--
101-430-008
�'
y
Pr1R3EL
/
NO J 309 1 1 3 � �R� � �''`
PARCEL NJJAP/ 1 u 1 J
J I1�1 J u �/ J >/ 1 J" /� /^ 5
/
NO Q� �' / �'
OMB
-- �' o
---....„<- -- 5 ..
��ee f} �7 f'� 5 [P
NO4' 3l.%+5 7 "E � I'I
�
A 5
` 4\ "i" 51
7�,O
4\\ OO O
n
OO o�-yO 99
S+' Cl v�O99 �i �O 5.5\ /
/
/
.� 45 uFrti' rV ,iJi <\ 4* r
/
l _ 0I ` \\2? 6)6 % 0 / /
O
'�'
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.06 79
/
/
�3
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10 ''
� 20
(P./ 3 �o
Nq1
f �/ ul '\
57 43 \
/ O \x
/ (1 `0
/
DETATIL "A"
<\ so
//
SCALE 1" =10'
o°�
o
,`9 �p
//
/ CDDO�0
O
LEGEND
,,
POB Indicates True Point Of Beginning
POB Indicates Point Of Beginning
(R) Indicates Radial Bearing
\
( )Title to State
LLJ_L_ Access Prohibited
NOTES
Coordinates and bearings are on
2 2 1 0 6- 5
CCS 1983(2007.00) Zone 6. Distances and
stationing are grid distances. Divide
DRAINAGE EASEMENT
by 0.99997476 to obtain ground
I
distances. All distances are in feet
unless otherwise noted.
FEET 0 5 10 20 30
PREPARED BY:
DATE: 04-06-15 REV.: EA: OF540 FA#:
PSOMAS
DISTRICT
COUNTY
ROUTE
SHEET PM
SHEET NO.TOTAL
SHEETS
Hutton SantaAna, CaliforniaDrive, 200
nia92707
(714)481-8053/(710545-8883 (Fax)
8
RIV
91
2.9
2
2
Legal Definitions of Property to be Acquired
The following is a list of definitions of legal rights to be acquired by Riverside County
Transportation Commission:
"Drainage Easement" (CPN 22106 5) refers to non-exclusive, permanent and perpetual
easement and right of way in favor of RCTC, and to its successors and assigns, to construct,
reconstruct, repair, extend and maintain excavation, together with all rights necessary for
incidentals thereto, on, over, under and across the Property, including the right to trim, cut or
clear away any trees, brush or other vegetation or flora, from time to time, as determined in its
sole discretion, as described in the exhibit attached hereto and by reference made apart hereof,
and with the following, and as set forth below:
RCTC, its agents, employees, successors and assigns, shall have the right of ingress to
and egress from the easement and right of way for the purpose of exercising the rights conveyed
herein.
EXHIBIT A, PAGE 1 OF 5
ATTACHMENT 3
AMENDED RESOLUTION NO. 13-071
RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A PERMANENT
DRAINAGE EASEMENT INTEREST IN A PORTION OF CERTAIN REAL PROPERTY,
BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL
NO. 101-170-010, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR
THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE
AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE
WEST, IN RIVERSIDE COUNTY, CALIFORNIA
WHEREAS, the Riverside County Transportation Commission (Commission) proposes to
acquire a drainage easement interest in a portion of certain real property, located in Riverside
County, California, more particularly described as Assessor Parcel No. 101-170-010 (Caltrans
Parcel No. 22106-5), for the State Route 91 Corridor Improvement Project in Riverside County,
California, pursuant to the authority granted to it by section 130220.5 of the California Public
Utilities Code, and section 1240.120 of the California Code of Civil Procedure; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the
Commission scheduled a public hearing for Wednesday, September 9, 2015, at 9:30 a.m., at the
County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street,
Riverside, California, and gave to each person whose property is to be acquired and whose
name and address appeared on the last equalized county assessment roll, notice and a
reasonable opportunity to appear at said hearing and be heard on the matters referred to in
section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, said hearing has been held by the Commission, and the affected property
owners were 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 a drainage easement in a portion of the
property to be acquired is for the State Route 91 Corridor Improvement Project in Riverside
County, California. Section 130220.5 of the California Public Utilities Code authorizes the
Commission to acquire, by eminent domain, property necessary for such purposes.
20
Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal
definitions, descriptions, and/or maps of the interests to be acquired by the Commission that
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 defined, described, and/or depicted in
Exhibit "A" is necessary for the proposed project; and
(d) The offer required by section 7267.2 of the California
Government Code was made.
Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of
the real property affected by the 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 uses pursuant to section 1240.510 of the California Code of Civil Procedure.
Section 6. More Necessary Public Use. Some or all of the real property affected by the
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.
21
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 9th day of September, 2015.
Daryl R. Busch, Chair
Riverside County Transportation Commission
ATTEST:
Jennifer Harmon, Clerk of the Board
Riverside County Transportation Commission
22
23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
PS OMAS
EXHIBIT `El'
LEGAL DESCRIPTION
Ca'trans Parcel No. 22106-5
Drainage Easement
APN 101-170-010 /
A strip of land in the City of Corona, County of Riverside, State of California, being a
portion of the lands described in the Affidavit — Death of Trustee recorded April 19, 2007
as Document No. 2007-0264803 of Official Records of said County, described as
follows:
Beginning at the most westerly corner of said lands; thence South 57°50'28" East 2.31
feet along the general southerly line of said lands to a point thereon, said point being the
True Point of Beginning; thence South 57°50'28" East 20.28 feet continuing along last
said line to a point thereon; thence North 41°37'34" East 13.10 feet to a point on general
northerly line of said lands, said point being the beginning of a non -tangent curve
concave southerly having a radius of 12099.70 feet, to which point a radial line bears
North 04°38'46" East; thence westerly along said last said line and said curve 25.06 feet
through a central angle of 00°07'07" to a point thereon, said most westerly corner and
point of beginning being westerly along said line and said curve 2.86 feet from said point;
thence South 41 °37'34" West 1.34 feet to the True Point of Beginning.
Containing 145 square feet.
See Exhibit `E2' attached hereto and made a part hereof.
The distances described herein are grid distances and are based on California Coordinate
System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing
grid distances by the mean combination factor of the courses being described. The mean
combination factor for this conversion is 0.99997476.
MA2PTG010501\SURVEYMLEGALS\22106_APN_101-170-0101ega1s122106-5 DE.doc
4/6/2015
Page 1 of
EXHIBIT A, PAGE 2 OF 5
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
PS OMAS
Prepared under the direction of
Brian E. Bullock, PLS 5260
Date
MA2PTG0105011SURVEY\LEGALS\22106_APN_101-170-0101Lega1s122106-5_DE.doc Page 2 of 2
4/6/2015
EXHIBIT A, PAGE 3 OF 5
25
EXHIBIT E2
PARCEL#
TITLE
AREA
APN
221 06-5
DE
1,45 SO.FT.
1 01,-70-01 0
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RADIAL TABLEc9_
R1 _ N04°30'51
R2 N05°37'04"E
LEGEND
TPOB Indicates True Point
POB Indicates Point Of Beginning
(R) Indicates Radial Bearing
Of Beginning
S20°57'27
24.55'
( ) Title to State
1 1 11 Access Prohibited
NOTES
FEET
2 2 1 Q 6- 5
DRAINAGE EASEMENT
Coordinates and bearings are on
CCS 1983(2007.00) Zone 6. Distances and
stationing are grid distances. Divide
by 0.99997476 to obtain ground
distances. All distances ore in feet
unless otherwise noted.
i
0 60 120 240 360
PREPARED BY:
PSOMAS
ontotAna, Calion forniae� 707 200
(714)481-0053/(714)545-00H (Fax)
DATE: 04-06-15 REV.: EA: OF540 FA#:
DISTRICT
COUNTY
ROUTE
SHEET PM
SHEET NO.TOTAL
SHEETS
8
R I V
91
2. 9
1
2
26
EXHIBIT E2
PARCEL#
TITLE
AREA
APN
22106-5
DE
145 SOFT.
101-170-010
DOC. NO. 2004-0205087
t/ REC. 03-24-2004
y
PAR3 ,I
PARCEL NJJAP/ 1 u J J i\JO.309
J I1�1 J u �/ J >/
POB
1 1
Y
•mac'-
�
(P.Nq1
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O.R.
3 �R�
1 J"
4. "i"
4\\ 00 °
O0 o O
u FrL' rV
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/
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,`9 �6n
CDDO�0
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101-430-008
-- �'
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99
,iJi <\
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4*
.06 79 /
/ /
20
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(,
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��ee (} �7 f'� 5 [
f
/
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/ /
/
.45
�
LP
I
/
DETATIL
1 06 -
1o ''
3
57
�_
"A"
SCALE
1" =10'
LEGEND
POB Indicates True Point
POB Indicates Point Of Beginning
(R) Indicates Radial Bearing
Of Beginning
( )Title to State
LLJ_L_ Access Prohibited
NOTES
FEET
I
2 2 1 0 6- 5
DRAINAGE EASEMENT
Coordinates and bearings are on
CCS 1983(2007.00) Zone 6. Distances and
stationing are grid distances. Divide
by 0.99997476 to obtain ground
distances. All distances are in feet
unless otherwise noted.
30
0
5 10 20
PREPARED BY:
PSOMAS
Hutton SantaAna, CaliforniaDrive, 200
nia92707
(714)481-8053/(710545-8883 (Fax)
DATE: 04-06-15 REV.:
EA: OF540 FA#:
DISTRICT
COUNTY
ROUTE
SHEET PM
SHEET NO.TOTAL
SHEETS
8
RIV
91
2.9
2
2
27
Legal Definitions of Property to be Acquired
The following is a list of definitions of legal rights to be acquired by Riverside County
Transportation Commission:
"Drainage Easement" (CPN 22106 5) refers to non-exclusive, permanent and perpetual
easement and right of way in favor of RCTC, and to its successors and assigns, to construct,
reconstruct, repair, extend and maintain excavation, together with all rights necessary for
incidentals thereto, on, over, under and across the Property, including the right to trim, cut or
clear away any trees, brush or other vegetation or flora, from time to time, as determined in its
sole discretion, as described in the exhibit attached hereto and by reference made apart hereof,
and with the following, and as set forth below:
RCTC, its agents, employees, successors and assigns, shall have the right of ingress to
and egress from the easement and right of way for the purpose of exercising the rights conveyed
herein.
EXHIBIT A, PAGE 1 OF 5
28
ANGELO J. PALMIERI (1926-1996)
ROBERT F. WALDRON (1927-1998)
MICHAEL J. GREENE.
DENNIS W. GHAN-
DAVID D. PARR'
CHARLES H. KANTER`
PATRICK A. HENNESSEY
DON FISHER
GREGORY N. WEILER
WARREN A. WILLIAMS
JOHN R. LISTER
MICHAEL H. LEIFER
RICHARD A. SALUS
NORMAN J. RODICH
RONALD M. COLE
MICHAEL L. D'ANGELO
STEPHEN A. SCHECK
DONNA L. SNOW
W
PALMIERI, TYLER, WIENER WILHELM & WALDRON
RYAN M. EASTER
ELISE M. KERN
MELISA R. PEREZ
MICHAEL I. KEHOE
CHADWICK C. BUNCH
ANISH J. BANKER
RYAN M. PRAGER
ERIN BALSARA NADERI
ERICA M. SOROSKY
JERAD BELTZ
CANDICE L. LEE
JOSHUA J. MARX
ERIN K. OYAMA
STEVEN R. GUESS
KATHERINE M. HARRISON
BRIAN GLICKLIN
ALAN H. WIENER', OF COUNSEL
ROBERT C. IHRKE, OF COUNSEL
MICHAEL C. CHO, OF COUNSEL
JAMES E. WILHELM, RETIRED
DENNIS G. TYLER', RETIRED
•A PROFESSIONAL CORPORATION
VIA E-MAIL & U.S. MAIL
2603 MAIN STREET
EAST TOWER — SUITE 1300
IRVINE, CALIFORNIA 92614-4281
(949)851-9400
www.ptwww.com
July 29, 2015
Jennifer Harmon
Clerk of the Board
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
San Bernardino, CA 92401-1400
Re: SR-91 Corridor Improvement Project
Resolution of Necessity No. 13-071
APN No. 101-170-010
CPN's 22106-5, 22106-6, 23880-1
Dear Ms. Harmon:
P.O. BOX 19712
IRVINE, CA 92623-9712
WRITER'S DIRECT
DIAL NUMBER
(949) 851-7279
WRITER'S DIRECT
FACSIMILE NUMBER
(949)825-5453
FIRM'S DIRECT
FACSIMILE NUMBERS
(949)851-1554
(949)757-1225
mke ho ee ptwww. co m
REFER TO FILE NO.
37385-000
We represent John M. Brewster, Sr., Karen A. Brewster, and Allsize Storage
Corona, Inc. in the above -referenced matter. Pursuant to your July 24, 2015 notification
that the Riverside County Transportation Commission meeting on a proposed adoption of
resolution of necessity will be held on September 9, 2015 at the Riverside County
Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside,
California, please be advised that we intend to appear and be heard at the meeting. Thank
you.
1591429.1
PALMIERI, TYLER, WIENER, WILHELM &WALDRON
Jennifer Harmon
July 29, 2015
Page 2
If you have any questions, please do not hesitate to contact me.
Very truly yours;
ichaei . Kehoe
MK:sh
cc: Client
1591429.1
PALM I E R I TYLE R
ANGELO J. PALMIERI (1926-1996)
ROBERT F. WALDRON (1927-1996)
ALAN H. WIENER*
MICHAEL J. GREENE•
DENNIS W. GHAN•
DAVID D. PARR*
CHARLES H. KANTER•
PATRICK A. HENNESSEY
DON FISHER
GREGORY N. WEILER
WARREN A. WILLIAIAS
JOHN R. LISTER
MICHAEL H. LEIFER
SCOTT R. CARPENTER
RICHARD A. SALUS
NORFAAN J. RODICH
RONALD M. COLE
MICHAEL L. D'ANGELO
STEPHEN A. &CHECK
DONNA L. SNOW
RYAN M. EASTER
ELISE M. KERN
MELI&A R. PEREY
MICHAEL I. KEHOE
CHADWICK C. BUNCH
ANISH J. BANKER
RYAN M. PRAGER
ROBERT H. GARRETSON
BLAINE M. SEARLE
JERAD BELTY
ERIN BAL&ARA NADERI
ERICA M. SORO&KY
PETER MOBLEH
JOSHUA J. MARX
ERIN K. OYAMA
STEVEN R. GUESS
MICHAEL C. CHO, OF COUNSEL
ROBERT C. IHRKE OF COUNSEL
JAMES E. WILHELM, OF COUNSEL
DENNIS G. TYLER•, RETIRED
•A PROFESSIONAL CORPORATION
VIA E-MAIL
ATTORNEYS AT LAW
2603 MAIN STREET
EAST TOWER — SUITE 1300
IRVINE, CALIFORNIA 92614-4281
(949) 851-9400
www. ptwww. corn
September 8, 2015
Jennifer Harmon
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
P.O. Box 12008
Riverside, CA 92502-2208
Re: Objection to Resolution of Necessity for acquisition of
Caltrans Proposed Parcel Nos. 22106-6 and 23880-1
Dear Ms. Harmon:
P.O. BOX 19712
IRVINE, CA 92623-9712
WRITER'S DIRECT
DIAL NUMBER
(949) 851-7279
WRITER'S DIRECT
FACSIMILE NUMBER
(949) 825-5453
FIRM'S DIRECT
FACSIMILE NUMBERS
(949)851-1554
(949)757-1225
mkehoeOptwww.com
REFER TO FILE NO.
37385-000
We represent John M. Brewster, Sr., Karen A. Brewster, and Allsize Storage
Corona, Inc. in the above -referenced matter. On behalf of our clients, we object to the
proposed resolutions (to amend existing Resolution of Necessity No. 13-071 and add
parcel 22106-6 and to adopt a new resolution to condemn parcel no. 23880-1) that seek to
authorize condemnation of more of my clients' property.
This letter is in lieu of our personal appearance. Please include this as part of the
administrative record. We incorporate by reference the prior appraisals presented by
RCTC to my client, the prior offers, and the reports available to the board on this matter
including but not limited to the proposed construction plans affecting my clients'
property.
On behalf of our clients we assert the following objections to the adoption of a
Resolution of Necessity based upon the notice received.
1098897.1
1900 Main Street, Suite 700, Irvine, CA 92614-7328 I T 949.851.9400 I F 949.851.1554 I ptwww.com
PALMIERI TYLER
ATTORNEYS AT LAW
Jennifer Harmon
September 8, 2015
Page 2
The project design plans have continually changed on this project. We have raised
this issue before. The result has been multiple revisions affecting my clients' property.
We are informed by RCTC staff that the revisions are the result of design changes during
the project. Such design changes have already caused a partial abandonment of rights in
the action against my clients.
The latest design seeks to provide a drainage easement across my client's land and
a perpetual right of access across my client's remaining property. Please be advised that
this design, if approved, impacts my client's intended development as have all the prior
iterations of the proposed easement.
A valid offer required by Section 7267.2 of the Government Code has not been
made. The proposed rights to be acquired include blanket rights of ingress and egress
over the remainder property in addition to the actual area of the taking identified in the
right-of-way map. (See definitions of proposed permanent easements). No offer of
compensation was made for these blanket rights. These rights were not included in the
appraisal. Indeed, the appraisal reports prepared do not identify this blanket easement
much less value it. A valid offer must offer compensation for all the rights sought to be
acquired. The property in question is adjoined to a secure storage facility the same type
of use planned for the subject parcels. Taking blanket rights of access across such
premises impacts value. Yet no value was offered for the rights taken. RCTC's retained
appraiser, however, simply did not appraise all of the rights proposed to be taken. If
those rights are not needed, then they cannot be included in the Resolution as RCTC can
only take what is necessary. If they are needed, then they should have been appraised
with the appropriate offer made.
Without a valid offer, the resolution is invalid.
Additionally, as raised repeatedly on prior occasions (to no avail with this body),
to the extent the proposed resolutions give RCTC's attorneys the ability to change the
taking at counsel's sole discretion, it is an invalid delegation of the Commission's
legislative authority.
At each of the resolution hearings on this project, staff has repeated how the
Commission must make certain findings to authorize the specific takings proposed. The
Commission is in fact required by the Eminent Domain Law to make such findings as the
legislative body for RCTC. (Code Civ. Proc., § 1245.210, subd.(a).) However, the
proposed resolution provides that counsel, not the Commission, "is further authorized to
reduce or modify the extent of the interests or property to be acquired so as to reduce the
1623987.1
1900 Main Street, Suite 700, Irvine, CA 92614-7328 1 T 949.851.9400 ( F 949.851.1554 1 ptwww.com
PALMIERI TYLER
Jennifer Harmon
September 8, 2015
Page 3
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."
(Proposed Resolution, Section 7, last sentence [emphasis added].)
The Commission should know, in fact must know, the taking it is approving.
Likewise, when RCTC is authorizing its attorneys to take property from its lawful owner,
the property owner is entitled to know what property and property rights are being taken
from him. The proposed resolution fails to give this body and the property owner the
basic and fundamental information of what is being taken.
To the extent the resolutions purport to grant the aforementioned delegation of this
body's legislative authority to RCTC's attorneys, that violates my clients' rights to
substantive and procedural due process. If adopted with such delegation, the resolutions
are void.
My clients respectfully request that the hearing on this resolution be postponed
until all of the rights being taken have been appraised and valid offers have been made;
and that the invalid delegation of legislative authority to counsel be excised from any
proposed resolution. In short, the Commission should not adopt the resolution as
proposed at this hearing.
If you have any questions, please do not hesitate to contact me.
Vey truly yours,
Michael I. Ke
MK:sh
cc: Clients
1098897.1
Jennifer Harmon
From: Sue M. Haugen [shaugen@ptwww.com]
Sent: Tuesday, September 08, 2015 3:00 PM
To: Jennifer Harmon
Cc: Michael Kehoe
Subject: Objection to Resolution of Necessity
Attachments: Letter to Harmon at RCTC re objection to RON 2015 09 08.PDF
Good Afternoon Ms. Harmon,
Mike Kehoe asked that I forward the attached correspondence to you. Thank you.
PALMIERI TYLER
ATTORNEYS AT LAW
Sue Haugen 1 Assistant to Ronald M. Cole and Michael I. Kehoe
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
1900 Main Street, Suite 700 I Irvine, CA 92614
Direct Dial (949) 851-7237 1 Fax (949) 851-1554
shaugen@ptwww.com ptwww.com
This message and any attached documents contain information from the law firm of Palmieri, Tyler, Wiener,
Wilhelm & Waldron LLP that may be privileged and confidential and protected from disclosure. If the reader of
this message is not the intended recipient, or an employee or agent responsible for delivering this message to the
intended recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify us
immediately by replying to the message and deleting it from your computer. Thank you.
1
ANGELO J. PALMIERI (1928-1998)
ROBERT F. WALDRON (1927-1998)
MICHAEL J. GREENE*
DENNIS W. GHAN`
DAVID D. PARR'
CHARLES H. KANTER•
PATRICK A. HENNESSEY
DON FISHER
GREGORY N. WEILER
WARREN A. WILLIAMS
JOHN R. LISTER
MICHAEL H. LEIFER
RICHARD A. SALUS
NORMAN J. RODICH
RONALD M. COLE
MICHAEL L. D'ANGELO
STEPHEN A. SCHECK
DONNA L. SNOW
W
W
PALMIERI, TYLER, WIENER, WILHELM &WALDRON
RYAN M. EASTER
ELISE M. KERN
MELISA R. PEREZ
MICHAEL I. KEHOE
CHADWICK C. BUNCH
ANISH J. BANKER
RYAN M. PRAGER
ERIN BALSARA NADERI
ERICA M. SOROSKY
JERAD BELTZ
CANDICE L. LEE
JOSHUA J. MARX
ERIN K. OYAMA
STEVEN R. GUESS
KATHERINE M. HARRISON
BRIAN GLICKLIN
ALAN H. WIENER., OF COUNSEL
ROBERT C. IHRKE, OF COUNSEL
MICHAEL C. CHO, OF COUNSEL
JAMES E. WILHELM, RETIRED
DENNIS G. TYLER', RETIRED
•A PROFESSIONAL CORPORATION
2603 MAIN STREET
EAST TOWER — SUITE 1300
IRVINE, CALIFORNIA 92614-4281
(949) 851-9400
www.ptwww.com
VIA E-MAIL & U.S. MAIL
July 29, 2015
Jennifer Harmon
Clerk of the Board
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
San Bernardino, CA 92401-1400
Re: SR-91 Corridor Improvement Project
Resolution of Necessity No. 13-071
APN No. 101-170-010
CPN's 22106-5, 22106-6, 23880-1
P.O. BOX 19712
IRVINE, CA 92623-9712
WRITER'S DIRECT
DIAL NUMBER
(949)851-7279
WRITER'S DIRECT
FACSIMILE NUMBER
(949) 825-5453
FIRM'S DIRECT
FACSIMILE NUMBERS
(949)851-1554
(949) 757-1225
mkehoe®ptwww.com
REFER TO FILE NO.
37385-000
Dear Ms. Harmon:
We represent John M. Brewster, Sr., Karen A. Brewster, and Allsize Storage
Corona, Inc. in the above -referenced matter. Pursuant to your July 24, 2015 notification
that the Riverside County Transportation Commission meeting on a proposed adoption of
resolution of necessity will be held on September 9, 2015 at the Riverside County
Administration Building, Board of Supervisors Chambers, 4080 Lemon Street, Riverside,
California, please be advised that we intend to appear and be heard at the meeting. Thank
you.
1591429.1
PALMIERI, TYLER, WIENER WILHELM &WALDRON
Jennifer Harmon
July 29, 2015
Page 2
If you have any questions, please do not hesitate to contact me.
Very truly yours,
ichael ehoe
MK:sh
cc: Client
1591429.1
Indian Wells
(760) 568-2611
Irvine
(949) 263-2600
Los Angeles
(213) 617-8100
Ontario
(909) 989-8584
ids
BEST BEST & KRIEGER
ATTORNEYS AT LAW
3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502
Phone: (951) 686-1450 I Fax: (951) 686-3083 I www.bbklaw.com
Margaret L. Barnes
(951)826-8357
margaret.barnes@bbklaw.com
File No. 17336.02100
July 24, 2015
Jennifer Harmon
Clerk of the Board
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, California 92501
Sacramento
(916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
VIA HAND DELIVERY
Re: Notice of Hearing to Consider Adoption of a Resolution of Necessity, as to
Brewster (APN 101-170-010, CPN 22106-5); Brewster (no APN; CPN
23880-1); and Public Storage (APN 118-040-027; CPN 22172-7)
RCTC/SR91 CIP Project
Dear Jennifer:
Attached are the original notices of Hearing to Property Owners, with proofs of mailing,
of the hearing on September 9, 2015 for the adoption of resolutions of necessity for additional
right of way, as well as a new acquisition, necessary for the project.
These notices are being provided for your use in noting the date of mailing at the hearing.
Please do not hesitate to contact me, should have any questions.
z E5V
y
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
Attachments
Very truly yours,
Margaret 16/Barnes
Senior Litigation Paralegal
for BEST BEST & KRIEGER LLP
17336.02100\9758781.1
RON No. 15-0i?
NOTICE OF HEARING TO CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY
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, September 9, 2015, at
9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers,
located at 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 real property that,
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 SR-91 Corridor Improvement
Project in Riverside County, California.
The legal descriptions of the property rights to be acquired and corresponding
depiction are attached 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 sought to be acquired by eminent domain and
described in the Resolution of Necessity is necessary for the proposed project.
4. Whether the offer required by Section 7267.2 of the California
Government Code has been made.
17336.02100\13146854.1
Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your
failure to file a written request with RCTC to appear and be heard within 15 days from the date
that this Notice is mailed may result in the waiver of your right to appear and be heard on the
above -stated matters and issues that are the subject of the hearing.
ALL COMMUNICATIONS SHOULD BE ADDRESSED TO:
Jennifer Harmon
Clerk of the Board
Riverside County Transportation Commission
4080 Lemon Street, 3`d Floor
Riverside, California 92501
DATE OF HEARING:
PLACE OF HEARING:
DATED: July 23, 2015.
Wednesday, September 9, 2015
9:30 a.m.
Riverside County Administration Building
Board of Supervisors Chambers
4080 Lemon Street
Riverside, California 92501
BEST BEST & KRIEGER LLP
By:
Mark A. Easter
Gregory G Snarr
Attorneys for
Riverside County Transportation Commission
17336.02100\13146854.1
Legal Definitions of Property to be Acquired
The following is a list of definitions of legal rights to be acquired by Riverside County
Transportation Commission:
"Drainage Easement" (CPN 23880-1) refers to non-exclusive, permanent and perpetual
easement and right of way in favor of RCTC, and to its successors and assigns, to construct,
reconstruct, repair, extend and maintain excavation, together with all rights necessary for
incidentals thereto, on, over, under and across the Property, including the right to trim, cut or
clear away any trees, brush or other vegetation or flora, from time to time, as determined in its
sole discretion, as described in the exhibit attached hereto and by reference made apart hereof,
and with the following, and as set forth below:
RCTC, its agents, employees, successors and assigns, shall have the right of ingress to
and egress from the easement and right of way for the purpose of exercising the rights conveyed
herein.
17336.02100\13173025.1
1
2
3
4
5
6
7
8
9
10
11
12
13
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15
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18
19
20
21
22
23
24
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29
30
31
PS OMAS
EXHIBIT `Al'
LEGAL DESCRIPTION
Caltrans Parcel No. 23880-1
Drainage Easement
APN N.A.
A strip of land 20.00 feet wide in the City of Corona, County of Riverside, State of
California, being a portion of the lands described in the Relinquishment of Highway
Right of Way in the County of Riverside, Road 08-RIV-91-0.0-3.6 Request No. 185 R
recorded September 28, 1971 as Document No. 109814 of Official Records of said
County, described as follows:
Beginning at the southeasterly corner of the lands described in the deed recorded March
24, 2004 as Document No. 2004-0205087 of Official Records of said County; thence
North 18°24'07" East 111.20 feet along the general easterly line of last said lands to a
point thereon, said point being distant South 18°24'07" West 5.77 feet from an angle
point of said general easterly line, said point also being the most westerly corner of the
lands described in the Affidavit — Death of Trustee recorded April 19, 2007 as Document
No. 2007-0264803 of Official Records of said County; thence North 41 °37'34" East 5.69
feet to a point on the general southerly line of the lands described in said Document No.
2007-0264803, said point being distant South 57°50'28" East 2.31 feet from said most
westerly corner; thence South 57°50'28" East 20.28 feet along said general southerly line
to a point thereon; thence South 41 °37'34" West 4.91 feet; thence South 18°24'07" West
107.51 feet; thence North 70°22'27" West 20.00 feet to the Point of Beginning.
Containing 2,293 square feet.
See Exhibit `A2' attached hereto and made a part hereof.
MA2PTG010501\SURVEYILEGALS122106_APN 101-170-0101Legals123880-1 DE.doc
5/282015 — —
Page 1 of 2
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13
14
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16
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18
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20
21
22
23
24
25
26
27
28
29
30
31
PS OMAS
The distances described herein are grid distances and are based on California Coordinate
System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing
grid distances by the mean combination factor of the courses being described. The mean
combination factor for this conversion is 0.99997476.
Prepared under the direction of
Brian E. Bullock, PLS 5260
5--28-/S
Date
M:12PTG0105011SURVEY\LEGALS122106_APN_101-170-0101LegaIs123880- t_DE.doc
5/28/2015
Page 2 of 2
EXHIBIT A2
PARCEL#
TITLE
AREA
APN
23880-1
DE
2,293 SO.FT.
N/A
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L3 - N18°24107"E
LEGEND
POB Indicates Point Of Beginning
(R) Indicates Radial Bearing
( ) Title to State
Cl - R=1 244.00
C2 - R=1199.97'
1Lu_ Access Prohibited
NOTES
FEET
2 3 8 8 O- 1
DRAINAGE EASEMENT
Coordinates and bearings are on
CCS 1983(2007.00) Zone 6. Distances and
stationing are grid distances. Divide
by 0.99997476 to obtain ground
distances. All distances are in feet
unless otherwise noted.
i
0 60 120 240
360
PREPARED BY:
PSOMAS
3 Hutton Centre Drive Ste 200
Santa (714)481Ana,
8053/(7114)54548883 (Fax)
DATE: 04-06-15 REV.: 05-28-15 EA: OF540 FA#:
DISTRICT
COUNTY
ROUTE
SHEET PM
SHEET NO.
TOTAL SHEETS
8
R I V
91
2. 9
1
2
EXHIBIT A2
PARCEL#
TITLE
AREA
APN
23880-1
DE
2,293 SO.FT.
N/A
PARCEL
PARCEL
P , M � 207/
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DOC. NO.
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REG. 03-24-2004
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CURVE TABLE
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4-
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LEGEND
C1 - R=1244.00'
POB Indicates Point Of Beginning
(R) Indicates Radial Bearing
( )Title to State
1J._LL Access Prohibited
NOTES
FEET
2 3 8 8 0- 1
DRAINAGE EASEMENT
Coordinates and bearings are on
CCS 1983(2007.00) Zone 6. Distances and
stationing are grid distances. Divide
by 0.99997476 to obtain ground
distances. All distances are in feet
unless otherwise noted.
r
0 10 20 40 60
PREPARED BY:
PSOMAS
3 Hutton Centre Drive, Ste. 200
Santa (714)481Ana,
8053/(714)545-8883 (Fax)
DATE: 04-06-15 REV.: 05-28-15 EA: OF540 FA#:
DISTRICT
COUNTY
ROUTE
SHEET PM
SHEET NO.TOTAL
SHEETS
8
R I V
91
2. 9
2
2
PROOF OF MAILING NOTICE
I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation
Commission, hereby certify that on July 24, 2015, I mailed a copy of the attached notice by first-
class mail to the following owners and other interested parties of real property situated in
Riverside County, California, which has no assigned assessor parcel number, identified as CPN
23880-1:
Karen A. Brewster Record Owner
212 Ironwood Drive, Suite D
P.M.B. 325
Coeur d'Alene, ID 83814
John M. Brewster, Sr. Record Owner
212 Ironwood Drive, Suite D
P.M.B. 325
Coeur d'Alene, ID 83814
Karen A. Brewster Courtesy Copy
17357 Los Angeles Street
Yorba Linda, CA 92886
John M. Brewster, Sr.
17357 Los Angeles Street
Yorba Linda, CA 92886
Linda Day, Trustee, Successor Trustee
c/o Stephen A. Scheck
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main Street, Suite 1300
Irvine, CA 92614
Linda M. Day
1103 East Wilson Avenue
Orange, CA 92867
James Kroll, Trustee, Successor Trustee
c/o Stephen A. Scheck
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main Street, Suite 1300
Irvine, CA 92614
Courtesy Copy
Possible Interested Party
Possible Interested Party
Possible Interested Party
17336.02100\ 13146854.1
James W. Kroll
1103 East Wilson Avenue
Orange, CA 92867
Lawrence P. Kraemer
P.O. Box 269
Huntington Beach, CA 92648-0269
Ray H. Overacker
P.O. Box 269
Huntington Beach, CA 92648-0269
ASC 1.46 Acres LLC
17357 Los Angeles Street
Yorba Linda, CA 92886
Richard W. Millar, Jr.
Registered Agent for Service of Process
1301 Dove Street, Suite 900
Newport Beach, CA 92660
Michael I. Kehoe, Esq.
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main Street, Suite 1300
Irvine, CA 92614
Dated: July 24, 2015.
Possible Interested Party
Possible Interested Party
Possible Interested Party
Record Owner
Courtesy Copy
Courtesy Copy
47 argaret L. Barnes
17336.02100\13146854.1
NOTICE OF HEARING TO CONSIDER ADOPTION OF
AN AMENDMENT TO RESOLUTION OF NECESSITY NO. 13-068
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, September 9, 2015, at
9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers,
located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County
Transportation Commission intends to consider adopting to consider adopting an amendment to
Resolution of Necessity No. 13-068, authorizing the commencement of eminent domain
proceedings for the acquisition of additional real property interests in property that, 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 SR-91 Corridor Improvement Project in
Riverside County, California.
The definitions of the property rights to be acquired, together with the legal
descriptions and corresponding depictions are attached 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 sought to be acquired by eminent domain and
described in the Resolution of Necessity is necessary for the proposed project.
17336.02100\13170409.1
4. Whether the offer required by Section 7267.2 of the California
Government Code has been made.
Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to
file a written request with RCTC to appear and be heard within 15 days from the date that this
Notice is mailed may result in the waiver of your right to appear and be heard on the above -
stated matters and issues that are the subject of the hearing.
ALL COMMUNICATIONS SHOULD BE ADDRESSED TO:
Jennifer Harmon
Clerk of the Board
Riverside County Transportation Commission
4080 Lemon Street, 31'd Floor
Riverside, California 92501
DATE OF HEARING:
PLACE OF HEARING:
DATED: July 23, 2015.
Wednesday, September 9, 2015
9:30 a.m.
Riverside County Administration Building
Board of Supervisors Chambers
4080 Lemon Street
Riverside, California 92501
BEST BEST & KRIEGER LLP
By:
Mark A. Easter
Gregory G Snarr
Attorneys for
Riverside County Transportation Commission
17336.02100\9758773.1
Legal Definitions of Property to be Acquired
The following is a list of definitions of legal rights to be acquired by Riverside County
Transportation Commission:
"Permanent Utility Easement" (CPN 22172-7) grants to RCTC, including its successors
and assigns, a permanent and perpetual easement, to relocate, construct, operate, use, maintain,
alter, add to, reconstruct, enlarge, repair, renew, replace, inspect and/or remove, at any time and
from time to time, underground utilities, including but not limited to sewers, water, electrical
systems and communication systems, consisting wires, underground conduits, cables, vaults,
manholes, handholds, and including above -ground enclosures, markers and concrete pads and
other appurtenant fixtures and equipment necessary or useful for conveying electric energy to be
used for light, heat, power, and for transmitting intelligence by electrical means and/or other
purposes, in, under, on, over, along and across the land, as determined necessary by RCTC, its
successors and assigns, together with all necessary rights of ingress and egress to the easement
area in connection with the exercise of any of the easement rights.
Property owners shall not erect or construct, or permit to be erected or constructed, any
building, structure or improvement on, over or under any portion of the easement, or plant any
tree or trees or plant any other vegetation or flora on any portion of the easement except at the
written consent of RCTC, its successors and assigns. RCTC will not unreasonably withhold
from Grantor, its successors and assigns, the right to utilize the easement area for parking,
driveway access, landscaping (exclusive of vertical penetration), open space and density or floor
area calculation.
RCTC shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or
flora from time to time determined in its sole discretion without payment of any additional
compensation.
No other easement or easements shall be granted on, under or over the easement without
obtaining the prior written consent of RCTC, its successors and assigns.
Property Owner shall not cause, directly, indirectly or negligently, any interference with
or harm to the rights conveyed hereunder.
17336.02100\13172098.1
1
2
3
4
5
6
PS OMAS
Caltrans Parcel No. 22172-7
Permanent Utility Easement
APN 118-040-027
EXHIBIT `G1'
LEGAL DESCRIPTION
7
8 In the City of Corona, County of Riverside, State of California, being a portion of Lot 3
9 of the Re -subdivision of Block 69 of the Lands of the South Riverside Land and Water
10 Company, as shown on the map on file in Book 2, Page 3 of Maps, Records of San
11 Bernardino County, California, described as follows:
12
13 Beginning at the westerly terminus of that certain course as described in the exception to
14 the land granted to the State of California by the grant deed recorded in Book 2386, Page
15 581 of Official Records of said Riverside County, said certain course being known as
16 Course "B" in said deed and recited as having a bearing and length of North 79°39'00"
17 East 292.33 feet; thence North 10°21'10" West 5.83 feet along the westerly line of said
18 exception to a point thereon; thence North 79°08'56" East 263.16 feet to the True Point
19 of Beginning; thence North 10°48'25" West 16.03 feet; thence North 01 °29'49" East
20 j 34.85 feet; thence South 79°18'59" East 17.06 feet; thence South 10°49'47" West 43.99
21 feet; thence South 79° 10' 13" East 7.94 feet; thence South 79°08'56" West 14.46 feet to
22 the True Point of Beginning.
23
24 Containing 622 square feet
25
26 The distances described herein are grid distances and are based on California Coordinate
27 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing
28 grid distances by the mean combination factor of the courses being described. The mean
29 combination factor for this conversion is 0.99997476.
30
31 See Exhibit `G2' attached hereto and made apart hereof.
MA2PTG010501\SURVEY\LEGALS\22172_APN_118-040-027\Legals\22172-7.docx Page 1 of
5/27/2015
PS OMAS
1
2 Prepared under the direction of
3
4
5
6 Brian E. Bullock, PLS 5260
7
8
9
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Date
MA2PTG0105011SURVEY\LEGALS\22172_APN_118-040-027\Legals\22172-7.docx Page 2 of
5/27/2015
EXHIBIT G2
PARCEL#
TITLE
AREA
APN
22172-7
PUE
622 SF
118-040-027
LINE TABLE
/
L1 - N10°48'25"W
L2 - N01 °29'49"E
L3 - S79°18'59"E
L4 - 510°49'47"W
L5 - S79°10'13"E
L6 - S79°08'56"W
a)
o�
0
(~
16.03'
34.85'
17.06'7
43.99'
7.94'
14.46'
o
Q
'N O'
0 CD CC
to
POR,
ss
J r
OHO � ,—t�,
O O OA Da �� ok.,
p2:;�0�' , �`�<0 co
\''�' / _o(o^p_
0 °
�4)
VINE
S TREE T 0
w (VACATED) o
--c u'
�T
13
1
LV
z
w
Q
=
o
o
'sr
0
co
iLi Q
0 0 z
a: `` O
,
O
4-
30'
�o Doc, NO.
— 0 134J33y 0, R.,
z RED. JUNr
9— 1979
PJR., I J7 VARIES
30' FiLU9
cffC1<
VARIES
L�
J--11S
LANDS r U 1r H in
' R1 VrRS1Dr LAND in
,tia^ AND WATER co .
ti oA, NI ., E) ., 2/3 o
�Prn �S��� CDC) v)
�'i �i i, L 3 `
v ��
L2� -J J
S42°32'38"E 1 � ►�, 11/
.-
—�,
; r
(R) i
-0P0/ _
�w 0 22172 7)
' „w PROPOSED R -•56 263.102
292' N1o°250,OA N�9•p3a'AQ„W �/
''5.1903
5 Z 9 G
f ZN
5
2 �10�ING
R P
S�
5 • a3 ' • C EXI51
P� G
. ,
LEGEND
�1E 91E
R0 w
FREE
POB Indicates Point Of Beginning
TPOB Indicates True Point Of Beginning
(R) Indicates Radial Bearing
1 1 1 1 1 Title to State
(1BOUER5 D
AI
\N
R V BE -
F
NOTES
2 2 1 ►7 2 - 7
PERMANENT UTLITY EASEMENT
Coordinates and bearings are on
CCS 1983(2007.00) Zone 6. Distances
and stationing are grid distances.
Divide by 0.99997476 to obtain
ground distances. All distances are
in feet unless otherwise noted.
I
FEET 0 50 100 200 300
PREPARED BY:
PSOMAS
3 Hutton Centre Drive, Ste. 200
Santa Ano, California 92707
(714)751-7373/(714)545-8883 (Fax)
DATE: 05-27-2015 REV.: EA: OF540 FM*:
DISTRICT
COUNTY
ROUTE
SHEET PM
SHEET NO.TOTAL
SHEETS
8
R I V
91
4.8
1
1
PROOF OF MAILING NOTICE
I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation
Commission, hereby certify that on July 24, 2015, I mailed a copy of the attached notice by first-
class mail to the following owners and other interested parties of real property situated in
Riverside County, California, more particularly described as Assessor Parcel No. 118-040-027
(CPN 22172-7):
Public Storage Properties, Ltd., a California limited Record Owner
partnership
P. O. Box 25025
Glendale, CA 92201
Public Storage Properties, Ltd., a California limited Record Owner
partnership
1510 Pomona
Corona, CA 92880
Carolynn Ruth Courtesy Copy
Public Storage Properties, Ltd., a California limited
partnership
1510 Pomona
Corona, CA 92880
Dated: July 24, 2015.
argaret L. Barnes
17336.02100\13170409.1
NOTICE OF HEARING TO CONSIDER ADOPTION OF
AN AMENDMENT TO RESOLUTION OF NECESSITY NO. 13-071
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, September 9, 2015, at
9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers,
located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County
Transportation Commission intends to consider adopting to consider adopting an amendment to
Resolution of Necessity No. 13-071, authorizing the commencement of eminent domain
proceedings for the acquisition of additional real property interests in property that, 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 SR-91 Corridor Improvement Project in
Riverside County, California.
The definitions of the property rights to be acquired, together with the legal
descriptions and corresponding depictions are attached 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 sought to be acquired by eminent domain and
described in the Resolution of Necessity is necessary for the proposed project.
17336.02100\13164559.1
4. Whether the offer required by Section 7267.2 of the California
Government Code has been made.
Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to
file a written request with RCTC to appear and be heard within 15 days from the date that this
Notice is mailed may result in the waiver of your right to appear and be heard on the above -
stated matters and issues that are the subject of the hearing.
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: July 23, 2015.
Wednesday, September 9, 2015
9:30 a.m.
Riverside County Administration Building
Board of Supervisors Chambers
4080 Lemon Street
Riverside, California 92501
BEST BEST & KRIEGER LLP
By:
Mark A. Easter
Gregory G Snarr
Attorneys for
Riverside County Transportation Commission
17336.02100\13164559.1
PROOF OF MAILING NOTICE
I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation
Commission, hereby certify that on July 24, 2015, I mailed a copy of the attached notice by first-
class mail to the following owners and other interested parties of real property situated in
Riverside County, California, more particularly described as Assessor Parcel No. 101-170-010
(CPNs 22106-6):
Karen A. Brewster Record Owner
212 Ironwood Drive, Suite D
P.M.B. 325
Coeur d'Alene, ID 83814
John M. Brewster, Sr. Record Owner
212 Ironwood Drive, Suite D
P.M.B. 325
Coeur d'Alene, ID 83814
Karen A. Brewster Courtesy Copy
17357 Los Angeles Street
Yorba Linda, CA 92886
John M. Brewster, Sr.
17357 Los Angeles Street
Yorba Linda, CA 92886
Linda Day, Trustee, Successor Trustee
c/o Stephen A. Scheck
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main Street, Suite 1300
Irvine, CA 92614
Linda M. Day
1103 East Wilson Avenue
Orange, CA 92867
James Kroll, Trustee, Successor Trustee
c/o Stephen A. Scheck
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main Street, Suite 1300
Irvine, CA 92614
Courtesy Copy
Possible Interested Party
Possible Interested Party
Possible Interested Party
17336.02100\13164559.1
Legal Definitions of Property to be Acquired
The following is a list of definitions of legal rights to be acquired by Riverside County
Transportation Commission:
"Drainage Easement" (CPN 22106-6) refers to non-exclusive, permanent and perpetual
easement and right of way in favor of RCTC, and to its successors and assigns, to construct,
reconstruct, repair, extend and maintain excavation, together with all rights necessary for
incidentals thereto, on, over, under and across the Property, including the right to trim, cut or
clear away any trees, brush or other vegetation or flora, from time to time, as determined in its
sole discretion, as described in the exhibit attached hereto and by reference made apart hereof,
and with the following, and as set forth below:
RCTC, its agents, employees, successors and assigns, shall have the right of ingress to
and egress from the easement and right of way for the purpose of exercising the rights conveyed
herein.
17336.02100\13172755.1
PS OMAS
EXHIBIT `E1'
LEGAL DESCRIPTION
Caltrans Parcel No. 22106-5
Drainage Easement
APN 101-170-010
A strip of land in the City of Corona, County of Riverside, State of California, being a
portion of the lands described in the Affidavit — Death of Trustee recorded April 19, 2007
as Document No. 2007-0264803 of Official Records of said County, described as
follows:
Beginning at the most westerly corner of said lands; thence South 57°50'28" East 2.31
feet along the general southerly line of said lands to a point thereon, said point being the
True Point of Beginning; thence South 57°50'28" East 20.28 feet continuing along last
said line to a point thereon; thence North 41 °37'34" East 13.10 feet to a point on general
northerly line of said lands, said point being the beginning of a non -tangent curve
concave southerly having a radius of 12099.70 feet, to which point a radial line bears
North 04°38'46" East; thence westerly along said last said line and said curve 25.06 feet
through a central angle of 00°07'07" to a point thereon, said most westerly corner and
point of beginning being westerly along said line and said curve 2.86 feet from said point;
thence South 41 °37'34" West 1.34 feet to the True Point of Beginning.
Containing 145 square feet.
See Exhibit `E2' attached hereto and made a part hereof.
The distances described herein are grid distances and are based on California Coordinate
System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing
grid distances by the mean combination factor of the courses being described. The mean
combination factor for this conversion is 0.99997476.
MA2PTG0105011SUR VEYILEGALSl22106_APN_101-170-0101LegaIs122106-5_DE. doc
4/6/2015
Page I of 2
PS 4MAS
Prepared under the direction of
e"5-jgr'lefre-h 4 e - g -/5-
Brian E. Bullock, PLS 5260
Date
M:12PTG0105011SURVEY\LEGALSN22106_APN_101-170-010\Lega1s\22106-5_DE.doc Page 2 of 2
4/6/2015
EXHIBIT E2
, PARCEL#
TITLE
AREA
APN
22106-5
DE
145 SO.FT.
101-170-010
,0° \ \ 1 /
2 �
eo � o0 00
Q / REC, `0 `\\
01' G�ti FAQ \ S0 0 o�',
1 Q .. G4�,ogk2- \ 3 298 0• 0 \ \ G.
o0
R.
0/
P O B
'� r ���33 s �p - s \ \ \
\ • 09 q oGj fG \ \
F \\
`
F��9 �0 \ / is" 6 j06' \
9�rp.QrL �� \ \
4P•/s c R 2 4F � \ \
\ 0 o_ s . 20 0" �� \ \
r \
tn,AcP; � O� F-4 \
r \
�� \
% �• fs'J . \
a— \\\\
����� — '�/0°° 6'° roc ���
— —
vP \ • 2 ��_ .p q� \\\
-p • ° oc� ,
FC
AA P �p F
•OOP 9O 9
•-
9
�- \/
r •CT ADO
c�O�0 OJ, ,60
° FO
•'P 'A
4-
2'9>
6'0 1'A��
\3_,,,
P_ 99• 1p �\\ �c�' cP o
RADIAL TABLE
�' 4�. ���9�°0 `�.>'_
o22,
R1 - N04°30'51"E
\-Pic:')�FJ (9;y00o ,5�,
R2 - N05° 37'04"E S 28, o_ ��
J
4�
<.\989
01.170-038
• 1 •68 ,
LEGEND
N08°45'56"E R
TPOB Indicates True Point Of Beginning
° „
W,
POB Indicates Point Of Beginning
S20 57 27
(R) Indicates Radial Bearing
24.55
( )Title to State
11_LL. Access Prohibited
NOTES
Coordinates and bearings are on
2 2 1 U 6- 5
CCS 1983(2007.00) Zone 6. Distances and
stationing are grid distances. Divide
DRAINAGE EASEMENT
by 0.99997476 to obtain ground
I
distances. All distances ore in feet
unless otherwise noted.
FEET 0 60 120 240 360
PREPARED BY:
DATE: 04-06-15 REV.: EA: OF540 FA#:
PSOMAS
DISTRICT
COUNTY
ROUTE
SHEET PM
SHEET NO.TOTAL
SHEETS
3 Hutton Centre Drive Ste. 200
Santo (714)481-805347141545-8883 (Fax)
8
RIV
91
2.9
1
2
EXHIBIT E2
PARCEL#
TITLE
AREA
AP
22106-5
DE
145 SQ.FT.
101-170-010
DOC. NO. 2004-0205087 O.R.
REC. 03-24-2004
�-
101-430-008
PARCEL
i��
PARCEL MAP NO , 3091 1 / � /
P,M., 207/ 1 2- 17 ---- �
°3��3g''F-l9.l /�
NOq
.--.-----
POB
--'' o
--
NO4°30'51"E (R)
---___<-
4. 00 ° 2
S 00 �9.9
.A 7 q7 ° '9 q9 , i0 - i
i
\ V'.- 951
Jg,,IP 4 \,2S 86 7 °06'
v3O
.�
ss�°
/
- 06 , 79 •- --
, — `..
�- (221 06- 5)
s
o-
' ' 9
.�0 �'
�o'1'3A
�o
3 P°
Nq 1
/ �cP_ \
/
/ tea'.
/ 7 F�-1:5J
/ / •`9�_ O�Ci
/ '4/
/ O
,p ,
/
/
/
DETATIL "A"
��; �''o
--1
SCALE 1"=10'
/ •>9p�6,
57
c3O�0
i/
01
LEGEND
'1P
POB Indicates True Point Of Beginning
POB Indicates Point Of Beginning
(R) Indicates Radial Bearing
\
( ) Title to State
J_LI.L Access Prohibited
NOTES
Coordinates and bearings are on
2 2 1 0 6- 5
CCS 1983(2007.00) Zone 6. Distances and
stationing ore grid distances. Divide
DRAINAGE EASEMENT
by 0.99997476 to obtain ground
distances. All distances are in feet
I
unless otherwise noted.
FEET 0 5 10 20 30
PREPARED BY:
DATE: 04-06-15 REV.: EA: OF540 FAQ:
PSOMAS
DISTRICT
COUNTY
ROUTE
SHEET PM
SHEET NO.TOTAL
SHEETS
3 Hutton Centre Drive Ste. 200
Santa481" ao5347114)545-8883 (fox)
8
R I V
91
2.9
2
2
PROOF OF MAILING NOTICE
I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation
Commission, hereby certify that on July 24, 2015, I mailed a copy of the attached notice by first-
class mail to the following owners and other interested parties of real property situated in
Riverside County, California, more particularly described as Assessor Parcel No. 101-170-010
(CPNs 22106-5):
Karen A. Brewster
212 Ironwood Drive, Suite D
P.M.B. 325
Coeur d'Alene, ID 83814
John M. Brewster, Sr.
212 Ironwood Drive, Suite D
P.M.B. 325
Coeur d'Alene, ID 83814
Karen A. Brewster
17357 Los Angeles Street
Yorba Linda, CA 92886
John M. Brewster, Sr.
17357 Los Angeles Street
Yorba Linda, CA 92886
Linda Day, Trustee, Successor Trustee
c/o Stephen A. Scheck
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main Street, Suite 1300
Irvine, CA 92614
Linda M. Day
1103 East Wilson Avenue
Orange, CA 92867
James Kroll, Trustee, Successor Trustee
c/o Stephen A. Scheck
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main Street, Suite 1300
Irvine, CA 92614
Record Owner
Record Owner
Courtesy Copy
Courtesy Copy
Possible Interested Party
Possible Interested Party
Possible Interested Party
17336.02100\ 13164559.1
James W. Kroll
1103 East Wilson Avenue
Orange, CA 92867
Lawrence P. Kraemer
P.O. Box 269
Huntington Beach, CA 92648-0269
Ray H. Overacker
P.O. Box 269
Huntington Beach, CA 92648-0269
ASC 1.46 Acres LLC
17357 Los Angeles Street
Yorba Linda, CA 92886
Richard W. Millar, Jr.
Registered Agent for Service of Process
1301 Dove Street, Suite 900
Newport Beach, CA 92660
Michael I. Kehoe, Esq.
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main Street, Suite 1300
Irvine, CA 92614
Dated: July 24, 2015.
Possible Interested Party
Possible Interested Party
Possible Interested Party
Record Owner
Courtesy Copy
Courtesy Copy
Aflif/iGe ;ed,t4t,4--
Margaret L. Barnes
17336.02100\13164559.1
Commission Request =CTC
Riverside Counq ironsportolion Commission
THE COMMI SSI ON I S REQUESTED TO MAKE THE
FOLLOW! NG FI NDI NGS
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.
301Sb3A18/3DNVI:10
3N11 A1Nnco
.. irovk
91 RQJECT
P FAST FORWARD
PROJECT MAP
Parcel Locations in the Project RCTC
CORONA
A
NORTH 1 EXPRESS LANES 1 WESTBOUND REGULAR LANES EASTBOUND REGULAR LANES
MAGNOLIA AVE
ONTARIO AVE.
Mom
Riverside County ironsporloiion Commission
PIERCE ST
r
'A� OFFERS OF JUST COMPENSATION RCTC
91 pROJECT
FAST FORWARD
No.
1
2
Ownership
John M. Brewster Sr. & Karen A.
Brewster
Public Storage Properties, Ltd.
3 ASC 1.46 Acres LLC
Offer Date
May 26, 2015
July 23, 2015
July 2, 2015
PARCEL 1
John M Brewster Sr. & Karen A Brewster
101-170-010
PROJECT
FAST FORWARD
Permanent Drainage Easement 145 SF
PARCEL 2
Public Storage Properties, Ltd.
118-040-027 ROTC
R�ivedde ComityTrmfspnrMHan EaeromissioR
91 PROJECT
FAST FORWARD
Permanent Dra
PARCEL 3
Permanent Drainage Easement 2,293 SF
Staff Recommends
RIY6r5id® County Uonsporloiion Commission
THE COMM! SSI ON ADOPT A RESOLUTI ON OF
N ECESSI TY BASED ON THE FOLLOW! N G FI N DI N GS:
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.
AGENDA ITEM 8A
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
September 9, 2015
TO:
Riverside County Transportation Commission
FROM:
Budget and Implementation Committee
Michele Cisneros, Deputy Director of Finance
THROUGH:
Anne Mayer, Executive Director
SUBJECT:
Quarterly Financial Statements
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to receive and file the Quarterly Financial Statements for the
year ended June 30, 2015.
BACKGROUND INFORMATION:
During the past fiscal year, staff monitored the revenues and expenditures for the Commission.
The attached financial statements present the revenues and expenditures for the 12 months of
FY 2014/15. Many accrual adjustments for revenues and expenditures have been made for
June 30, 2015, and are reflected in these financial statements; however, staff will continue to
make year-end accrual adjustments depending upon materiality through the completion of the
audit in October.
The operating statement shows sales tax revenues through the fourth quarter at 86 percent of
the budget. This is a result of the Governmental Accounting Standards Board (GASB) Statement
No. 33. GASB 33 requires sales tax revenue to be accrued for the period in which it is collected
at point of sale. The State Board of Equalization collects the Measure A funds and remits these
funds to the Commission after the reporting period for the business. This creates a two -month
lag in the receipt of revenues by the Commission. Accordingly, these financial statements
reflect the revenues related to collections through May 2015.
On a cash basis through June 30, 2015, the Measure A and Local Transportation Fund (LTF) sales
tax receipts are 4.46 percent and 5.96 percent higher, respectively, than the same period last
fiscal year. At the January 14 meeting, staff presented the FY 2014/15 mid -year revenue
projections and recommended that the Commission maintain the current year revenue
projections for Measure A and LTF revenues at $167 million and $81.5 million, respectively.
State Transit Assistance Fund receipts of $3.5 million for the third quarter were received in May
2015. Staff will continue to monitor the trends in sales tax receipts and report to the
Commission any necessary adjustments, if material.
Agenda Item 8A
29
Federal, state, and local revenues are on a reimbursement basis. The Commission will receive
these revenues as eligible project costs are incurred and invoiced to the respective agencies.
Significant federal and state reimbursements are related to the Perris Valley Line, Interstate 215
corridor improvement, and State Route 91 high occupancy vehicle (HOV) lane projects. The
following is an analysis of federal and state reimbursement revenues reflected in this quarterly
financial report:
Federal Reimbursement State Reimbursement Revenues
Budget Actual Budget Actual
Highways
SR-91 HOV Lanes $ 5,543,000 $ 129,677 $ - $
1-215 - 40,676,000 21,595,692
Other 1,340,000 708,801 68,677
Total 6,883,000 838,478 40,676,000 21,664,369
Rail
Perris Valley Line 69,652,500 44,732,561 45,668,000 8,328,391
Other 2,500,000 1,300,000 3,589,325
Total 72,152,500 44,732,561 46,968,000 11,917,716
Other
Total
4,315,900 2,903,857
4,859,000 3,491,760
$ 83,351,400 $ 48,474,896 $ 92,503,000 $ 37,073,845
Staff will continue to prepare year-end reimbursement accrual adjustments in connection with
the year-end closing and audit process; however, actual federal and state reimbursement
revenues, as presented above, are below budgeted amounts primarily due to delays on the
1-215 and Perris Valley Line projects. Local reimbursements are below budgeted amounts
primarily due to delays in traffic signal improvements, lower than anticipated reimbursable
expenditures for the Perris Valley Line improvements in the city of Perris, and delayed closing of
sale of excess Commission -owned rail property.
During the FY 2014/15 budget process, the Commission took a conservative approach in
estimating Transportation Uniform Mitigation Fee (TUMF) revenues of $8 million passed
through Western Riverside Council of Governments (WRCOG). At the January 14 meeting, the
Commission approved the revised FY 2014/15 revenue projections and increased the TUMF
revenues to $12 million. Actual TUMF revenues through May are approximately $15.7 million.
The budgeted balance of $154,500 relates to TUMF zone reimbursements from WRCOG for the
74/215 interchange project. Staff will continue to prepare year-end TUMF revenue and
reimbursement revenue accrual adjustments in connection with the year-end closing and audit
process.
Other revenues include property management revenues generated from properties acquired in
connection with the SR-91 Corridor Improvement Project (91 Project) and various rail
properties.
Agenda Item 8A
30
The Commission took a conservative approach in estimating investment income for FY 2014/15
as a result of flat interest yields on investment balances. Investment income is above budgeted
amounts primarily as a result of the investment of sales tax and toll revenue bond proceeds.
Staff will continue to prepare year-end investment income accrual adjustments in connection
with the year-end closing and audit process.
The expenditure and other financing source/use categories are in line overall with the
expectations of the budget with the following exceptions. Staff will continue to prepare year-
end expenditure accrual adjustments in connection with the year-end closing and audit
process.
• Salaries and benefits expenditures are under budget due to unused full-time equivalents
and budget authority;
• Professional services expenditures are under budget due to unused budget authority for
rail and station development planning, debt and investment management, and various
projects' legal services;
• Support costs are under budget due to unused budget authority for the marketing of
new rail service and rail safety advertisements, rail operations and station maintenance,
and motorist assistance call box upgrades;
• Program operations are under budget due to unused budget authority for 91 Project
permit activities, motorist and commuter assistance program operations, and rail
program management and operations related to the Perris Valley Line project;
• Engineering, construction, design -build, and right of way/land expenditures relate to
various capital projects. The status of significant capital projects with budgets
exceeding $5 million is discussed in the attached;
• Operating and capital disbursements are made as claims are submitted to the
Commission by transit operators;
• Special studies are under budget due to unused budget authority for toll operations and
rail feasibility studies;
• Local streets and roads expenditures are related to the timing of Measure A sales tax
revenue accrual adjustments for June and the cleanup, which will be determined in late
August and September. That will have a direct effect on the local streets and roads
turn -back expenditures to local jurisdictions;
• Regional arterial expenditures primarily represent expenditures for the highways and
regional arterial program administered by the Coachella Valley Association of
Governments (CVAG). CVAG requests reimbursements from the Commission based on
available funds and sufficient budget authority;
• Debt service interest expenditures on the 2010 and 2013 Sales Tax Bonds and the 2013
Toll Bonds are made annually in December and June, while interest expenditures on the
2009 Sales Tax Bonds are made monthly due to the variable rate nature of the bonds.
Principal payments on the 2009 and 2010 Sales Tax Revenue Bonds are made annually
in June. Principal payments for the 2013 Sales Tax Bonds and the 2013 Toll Bonds are
not expected to begin until June 2018 and June 2022, respectively;
Agenda Item 8A
31
" T h e T r a n s p o r t a t i o n I n f r a s t r u c t u r e F i n a n c e a n d I n n o v a t i o n A c t ( T I F I A ) l o a n w i t h t h e U . S .
D e p a r t m e n t o f T r a n s p o r t a t i o n i s s u b o r d i n a t e t o t h e 2 0 1 3 T o l l B o n d s . D u r i n g t h e f o u r t h
q u a r t e r , t h e C o m m i s s i o n d r e w d o w n $ 4 8 . 9 m i l l i o n i n T I F I A l o a n p r o c e e d s . D u r i n g
c o n s t r u c t i o n o f t h e 9 1 P r o j e c t a n d f o r a p e r i o d o f u p t o f i v e y e a r s f o l l o w i n g s u b s t a n t i a l
c o m p l e t i o n , i n t e r e s t i s c o m p o u n d e d a n d a d d e d t o t h e i n i t i a l T I F I A l o a n . T I F I A d e b t
s e r v i c e p a y m e n t s a r e e x p e c t e d t o c o m m e n c e o n D e c e m b e r 1 , 2 0 2 1 , w h i c h i s
a p p r o x i m a t e l y f i v e y e a r s a f t e r s u b s t a n t i a l c o m p l e t i o n o f t h e 9 1 P r o j e c t , t h r o u g h J u n e 1 ,
2 0 5 1 ; a n d
" C a p i t a l o u t l a y e x p e n d i t u r e s a r e u n d e r b u d g e t d u e t o u n u s e d b u d g e t a u t h o r i t y f o r
s t a t i o n s e c u r i t y i m p r o v e m e n t s a n d C o m m i s s i o n n e t w o r k , h a r d w a r e , a n d s o f t w a r e
i m p r o v e m e n t s .
A t t a c h m e n t s :
1 ) Q u a r t e r l y F i n a n c i a l S t a t e m e n t s J u n e 2 0 1 5
2 ) Q u a r t e r l y P r o j e c t S t a t u s J u n e 2 0 1 5
A g e n d a I t e m 8 A
3 2
ATTACHMENT 1
RIVERSIDE COUNTY TRANPORTATION COMMISSION
QUARTERLY BUDGET TO ACTUAL
4TH QUARTER
FOR TWELVE MONTHS ENDED 6/30/2015
FY 2014/15 4TH QUARTER REMAINING PERCENT
BUDGET ACTUAL BALANCE UTILIZATION
Revenues
Sales tax $ 261,444,700 $ 225,368,638 $ (36,076,062) 86%
Federal reimbursements 83,351,400 48,474,896 (34,876,504) 58%
State reimbursements 92,503,000 37,073,845 (55,429,155) 40%
Local reimbursements 6,461,000 1,124,169 (5,336,831) 17%
Transportation Uniform Mitigation Fee 12,154,600 15,717,061 3,562,461 129%
Other revenues 575,000 1,622,531 1,047,531 282%
Investment income 2,450,900 5,349,892 2,898,992 218%
Total revenues 458,940,600 334,731,032 (124,209,568) 73%
Expenditures
Salaries and benefits 8,330,300 7,365,268 965,032 88%
Professional and support
Professional services 17,000,100 11,243,337 5,756,763 66%
Support costs 5,928,400 4,030,519 1,897,881 68%
Total Professional and support costs 22,928,500 15,273,856 7,654,644 67%
Projects and operations
Program operations - general 21,597,200 13,914,687 7,682,513 64%
Engineering 18,079,600 7,762,730 10,316,870 43%
Construction 241,660,180 128,043,062 113,617,118 53%
Design Build 255,303,500 187,496,856 67,806,644 73%
Right of way/land 186,800,400 66,557,384 120,243,016 36%
Operating and capital disbursements 139,169,289 87,460,977 51,708,312 63%
Special studies 1,220,000 268,642 951,358 22%
Local streets and roads 49,882,000 42,850,143 7,031,857 86%
Regional arterials 30,600,000 17,273,467 13,326,533 56%
Total projects and operations 944,312,169 551,627,948 392,684,221 58%
Debt service
Principal 7,400,000 7,400,000 - 100%
Interest 47,296,200 45,900,072 1,396,128 97%
Total debt service 54,696,200 53,300,072 1,396,128 97%
Capital outlay 3,782,000 475,334 3,306,666 13%
Total Expenditures 1,034,049,169 628,042,478 406,006,691 61%
Excess revenues over (under) expenditures (575,108,569) (293,311,446) 416,323,561 51%
Other financing sources/(uses)
Operating transfer in 526,661,100 218,840,890 (307,820,210) 42%
Operating transfer out (526,661,100) (218,840,890) 307,820,210 42%
TIFIA loan proceeds 191,600,000 48,904,095 (142,695,905) 26%
Total financing sources/(uses) 191,600,000 48,904,095 142,695,905 26%
Net change in fund balances (383,508,569) (244,407,351) 559,019,466 64%
Fund balance July 1, 2014 986,842,300 1,031,476,421 44,634,121 105%
Fund balance June 30, 2015 $ 603,333,731 $ 787,069,070 $ 603,653,587 130%
33
Revenues
Sales tax
Federal reimbursements
State reimbursements
Local reimbursements
Transportation Uniform Mitigation Fee
Other revenues
Investment income
Total revenues
Expenditures
Salaries and benefits
Professional and support
Professional services
Support costs
Total Professional and support costs
Proiects and operations
Program operations - general
Engineering
Construction
Design Build
Right of way/land
Operating and capital disbursements
Special studies
Local streets and roads
Regional arterials
Total proiects and operations
Debt service
Principal
Interest
Total debt service
Capital outlay
Total Expenditures
Excess revenues over (under) expenditures
Other financing sources/(uses)
Operating transfer in
Operating transfer out
TIFIA loan proceeds
Total financing sources/(uses)
Net change in fund balances
Fund balance July 1, 2014
Fund balance June 30, 2015
GENERAL FUND
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
QUARTERLY BUDGET TO ACTUAL BY FUND
4TH QUARTER
FOR TWELVE MONTHS ENDED 6/30/2015
SPECIAL REVENUE FUNDS
CAPITAL PROJECTS FUNDS
FSP/
SAFE
MEASURE A SALES TAX
WESTERN
COUNTY
COACHELLA
VALLEY
PALO
VERDE
VALLEY
TRANSPORTATION DEVELOPMENT ACT
LOCAL
TRANSPORTATION
FUND
STATE TRANSIT
ASSISTANCE
TRANSPORTATION
UNIFORM COACHELLA
MITIGATION FEE VALLEY RAIL
(TUMF)
AGENCY FUND
COMMERCIAL
PAPER
SALES TAX TOLL REVENUE
BONDS BONDS
DEBT SERVICE
COMBINED
TOTAL
$ 2,900,000 $
13,470
412,152 3,209,467
238,943 115,913
1,052,476 848
29,994 20,560
4,647,035 3,346,788
4,221,664 85,311
1,672,944 668,460
2,954,722 385,010
4,627,666 1,053,470
1,889,794 3.069,419
10,117,232
98,374
12,105,400 3.069,419
$ 106,812,909 $ 33,199,125
45,697,008
33,452,226
266,222
(29,884)
569,207
751,045 97,923
187,518,733 33.297,048
2,732,054
7,834,378
680,948
8,515,326
8.469,812
3,464,073
120,063,223
187,496,856
64.006,639
5,594,572
170,268
30,191,490
419,456,933
3,909
7,849
7,849
24,035
5,846,000
11,675,809
16.673,467
34,219,311
$ 982,844 $ 71,739,896 $ 9,733,864 $
982,844
982,844
982,844
3,091
241,371
71,984,358
57,692,043
192,839
9,926.703
320
320
8,211,130
57,692,043 8,211,130
15,746,945
195,881
15,942.826
272,664
233,209
4,098
237,307
459,544
4,298,657
7,979,839
2,550,745
600.000
15,888,785
12,205
12,205
43,430
826,177
5,741
831,918
500,000
500,000
6,236
2,083
2,083
1,746,669
1,746,669
708,324
708.324
177,831
177.831
2,764,418
1,175,250
3,939.668
7,400,000
$ 225,368,638
48,474,896
37,073,845
1,124,169
15,717,061
1,622,531
5,349,892
334,731,032
7,365,268
11,243,337
4,030,519
15,273,856
13,914,687
7,762,730
128,043,062
187,496,856
66,557,384
87,460,977
268,642
42,850,143
17,273,467
551,627,948
7,400,000
45,900,072 45,900,072
367,560
107,774
53,300,072 53,300,072
475,334
21, 322,290
4,208,200 430,812,087
34,231,069 982,844
57.692,043 8,211,450
16,398,756
875,348
8,319
53,300,072 628,042,478
(16,675,255)
15,349,533
(2.723)
(861,412) (243,293,354)
548,700
(548,700)
147,177,900
(52,115,037)
48,904,095
(934,021)
6,923
14.292, 315 1,715,253
(16,013,064)
(466.000)
(455.930)
(863.143)
779,531
491,681
1,746,669
(3.520,140)
708.324
32,793,399
(138,894,293)
177,831
(4,516.447)
(49,360,404) (293,311,446)
22,184,904 218,840,890
(2,764,486) (218,840,890)
48,904,095
15,346,810
(1,328.445)
10, 590,109
$ 9.261.664 $
143,966,958 6,923
(861,412) (99326,396) (927,098)
7,890,918 336,826,290 33,433,491
7.029.506 $ 237.499.894 $ 32.506.393 $
(16,013,064)
(1.720,749)
556 115,877,309
556 $ 114.156.560 $
(466.000)
1,249.253
55,502,966
56.752.219 $
(455.930)
57,318,771
56.862.841 $
779,531
(83.612)
4,134,185
4.050.573 $
(3.520,140) (106,100.894)
491,681 (1.773,471) (105,392.570)
28,409,089 199,471,010
491.681 $ 26.635.618 $ 94.078.440 $
(4,516.447) 19,420,418 48,904,095
(4,338.616) (29,939.986) (244,407,351)
45, 709,443 136, 312,284 1,031,476,421
41.370.827 $ 106.372.298 $ 787,069,070
34
ATTACHMENT 2
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
QUARTERLY PROJECT STATUS
4TH QUARTER
FOR TWELVE MONTHS ENDED 6/30/2015
FY 2014/15 BUDGET
Project Description
4TH QUARTER
EXPENDITURES
Project Status
91 Project (Design -Build)
The project will connect with Orange County
Transportation Authority's tolled express lanes at
the Orange County/Riverside County line and
continue approximately eight miles to the Interstate
(I)-15/State Route (SR)-91 interchange. The
project involves widening pavement on the outside
of the existing highway to reposition general
purpose lanes and repurposing the existing High
Occupancy Vehicle (HOV) lanes to accommodate
two -tolled express lanes in the median in each
direction. The SR-91 CIP also involves
constructing one new general purpose lane in each
direction from SR-71 to 1-15, ultimately providing
two -tolled express lanes and five general purpose
lanes in each direction. SR-91 CIP development
activities began in September 2007, construction
work related to roadway and structures began in
July 2014, and the toll lanes are expected to open
in January 2017. The total acquisition and
construction cost of the SR-91 CIP is estimated at
$1.4 billion, including capitalized interest, debt
service reserves, and cost of issuance.
1-15 Express Lanes Project
The project is currently in the preliminary
engineering and environmental phase of work to
add up to two -tolled express lanes in each
direction from SR-60 to Cajalco Road in Corona.
The project will use the design -build method of
project delivery. Project development activities
began in April 2008, and lanes are expected to
open to traffic in 2020. The estimated project cost
is $415 million.
$ 426,455,700
7,113,700
$ 223,296,520
3,545,529
The Design -Build contract is on schedule with actual reported
progress of 46 percent as of June 30, 2015. The Commission
has acquired and delivered all 197 Caltrans Parcel Numbers to
the Design -Builder. Construction has begun on 23 bridges (of
32) and 33 walls (of 93), while 63 utility relocations (of 90) are
complete. The substantial completion date of January 2017 is
unchanged. The under -run of the FY 2014/15 budget at fourth
quarter can be attributed to three main components: slower
ramp -up of major construction than anticipated which resulted
in less expenditures for construction ($75 million); project and
construction management, Caltrans support services, and utility
relocation costs that have occurred but have yet to be invoiced
($37 million); and lower than planned right of way (ROW)
acquisition and associated goodwill costs ($60 million). Other
large cost under -runs occurred for the SR-91 express bus
transit enhancement ($5 million), railroad relocation ($4 million),
and ROW mitigation ($3 million).
Staff continues to advance the project report and environmental
document, which is expected to be completed in FY 2015/16.
Various methods of project delivery were analyzed in 2013, and
ultimately staff received Commission approval in January 2014
to use the design -build method of project delivery and begin
planning for the design -build phase of work. The project
construction management contract and the traffic and revenue
study contract were both approved by the Commission in April
2015. The project under -run of the FY 2014/15 budget at fourth
quarter is primarily related to preliminary engineering ($1.2
million). Other large cost under -runs occurred for general legal
support ($334,000), special legal support ($435,000), and
financial advisory services ($268,000).
35
FY 2014/15 BUDGET
Project Description
4TH QUARTER
EXPENDITURES
Project Status
91/71 Interchange Improvements Project
The project is in the final design phase for
interchange improvements to the 91/71
interchange. Final design began in March 2012.
The estimated project cost is $123 million.
SR-91 HOV Lanes/Adams Street to 60/91/215
Interchange
Construction is on -going along with utility
relocation. Construction of the project should be
completed in fall of 2015. The estimated project
cost is $273 million.
1-215 Corridor Improvements/Scott Road to
Nuevo Road
The project will add one mixed flow lane in
each direction. Preliminary engineering began in
2007 and was completed in 2011. Final design
began in 2011 and was completed in December
2012; construction began in 2013 and is expected
to be completed in 2016. The estimated project
cost is $120 million.
5,835,800
8,912,400
42,549,500
844,228 A contract for the final design consultant was awarded at the
February 2012 Commission meeting. A notice to proceed with
the final design phase was issued in March 2012. Final design
was delayed due to the Army Corps of Engineers (ACOE)
requirement for a new environmental assessment on potholing
on federal property. The ACOE also required preparation of an
additional environmental assessment to cover project
construction impacts on federal property resulting from the
eastbound SR-91 to northbound SR-71 flyover connector. The
ROW acquisition activities began in the third quarter of FY
2014/15. Final design was completed during the third quarter
of FY 2014/15. The project under -run of the FY 2014/15 budget
at fourth quarter is due to no incurred costs for ROW acquisition
and support ($4M). Final design costs have been invoiced
through March 2015, and staff will accrue the balance of work
performed through June 2015 through the year-end closing
process. All other budgeted costs occurred as planned.
851,793
26,086,522
Construction began in April 2012 and is managed by Caltrans.
Caltrans completed design work, and expenditures remain
within the budget authority. The majority of utility relocation
work is complete, and construction work at the 14th Street
interchange is functionally complete wifh the full width of the
new overcrossing constructed and all movements open to
traffic. Work continues on the soil -nail walls alongside the
freeway at Ivy Street overcrossing. A delay in project
completion due to Union Pacific railroad issues at Pachappa
Drive is probable; however, all freeway lanes and ramps are
forecasted to be completed by the second quarter of FY
2015/16.
The notice to proceed for construction was issued in December
2012 and construction started in January 2013; construction
work continues to be on schedule. A major change dealing with
aesthetic treatment will likely prolong the work, but all traffic
related work will be completed by the second quarter of FY
2015/16. The under -run of the FY 2014/15 budget through the
fourth quarter is related to the lag of construction invoice
submittals by the contractor.
36
FY 2014/15 BUDGET
Project Description
4TH QUARTER
EXPENDITURES
Project Status
Mid County Parkway
A recirculated project report and
environmental document is under development for
a new corridor from 1-215 to SR-79. The
environmental phase is anticipated to be
completed in FY 2014/15. Construction of this new
facility will be completed over many years as
funding becomes available; the project cost is
estimated at $1.3 to $1.6 billion.
Perris Valley Line and other rail projects
The project is in the construction phase with
the extension of commuter rail services to the city
of Perris. The project commenced in December
2007 when the Commission received approval
from the Federal Transit Administration (FTA) to
move into project development. Expected
completion date is December 2015 for an
estimated project cost of $248.3 million. Other rail
projects include adding a fourth main track
between the Riverside Downtown station to the
connector to the San Jacinto Branch Line at
Highgrove.
13,893,100
140,981,300
3,909,546
Staff completed the work on the Environmental Impact Report
(EIR)/Environmental Impact Study (EIS). Major milestones
have been met and the project is moving forward to the Record
Of Decision scheduled for the first quarter of FY 2015/16. A
budget amendment was approved by the Commission in April
2014 to allocate additional funding for the completion of Phase
II Final EIR/Supplemental EIS. In April 2015 the Commission
approved the EIR.
75,473,487 Final design is complete and the FTA awarded the Small Starts
Grant Agreement funds. ROW acquisition activities for the
station and layover facility at south Perris have been
completed. Following the settlement of a lawsuit challenging
elements of the California Environmental Quality Act document
in July 2013, the construction contract was given full notice to
proceed in October 2013 following FTA approval of the Small
Starts Grant Agreement. Active construction commenced in
January 2014; some construction delays have occurred due to
various factors. These delays are not expected to impact the
scheduled completion date of December 2015.
This list discusses the significant capital projects (i.e., total budgeted costs in excess of $5 million) and related status. Capital project expenditures are generally affected by lags in
invoices submitted by contractors and consultants, as well as issues encountered during certain phases of the projects. The capital projects budgets tend to be based on
aggressive project schedules.
37
AGENDA ITEM 8B
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
September 9, 2015
TO:
Riverside County Transportation Commission
FROM:
Budget and Implementation Committee
Michele Cisneros, Deputy Director of Finance
THROUGH:
Anne Mayer, Executive Director
SUBJECT:
Quarterly Sales Tax Analysis
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Committee to receive and file the sales tax analysis for Quarter 1 2015
(1Q 2015).
BACKGROUND INFORMATION:
At its December 2007 meeting, the Commission awarded an agreement with MuniServices, LLC
(MuniServices) for quarterly sales tax reporting services plus additional fees contingent on
additional sales tax revenue generated from the transactions and use tax (sales tax) audit
services. As part of the recurring contracts process, the Commission approved a five-year
extension through June 30, 2018. The services performed under this agreement pertain to only
the Measure A sales tax revenues.
Since the commencement of these services, MuniServices submitted an audit update, which
reported findings generated and submitted to the State Board Equalization (SBOE) for review
and determination of errors in sales tax reporting related to 363 businesses. Through 4Q 2014,
the SBOE approved corrections for 262 of these accounts for a total sales tax revenue recovery
of $5,266,551. Updated amounts for 1Q 2015 will be provided once received from
MuniServices. If the SBOE concurs with the error(s) for the remaining claims, the Commission
will receive additional revenues; however, the magnitude of the value of the remaining findings
was not available. It is important to note that while the recoveries of additional revenues will
be tangible, it will not be sufficient to alter the overall trend of sales tax revenues.
Additionally, MuniServices provided the Commission with the quarterly sales tax summary
report for 1Q 2015. Most of the 1Q 2015 Measure A sales tax revenues were received in the
second quarter of calendar year 2015, during April through June 2015, due to a lag in the sales
tax calendar. The summary section of the 1Q 2015 report is attached and includes an overview
of California's economic outlook, local results, historical cash collections analysis by quarter,
summary of the top 25 sales/use tax contributions, historical sales tax amounts, annual sales
tax by business category, five-year economic trend for significant business category
(construction), and final results.
Agenda Item 8B
38
Taxable transactions for the top 25 tax contributors in Riverside County generated 24.7 percent
of taxable sales for the benchmark year ended 1Q 2015, slightly lower than the 25.8 percent for
the benchmark year ended 10 2014. The top 100 tax contributors generated 40 percent of
taxable sales for the benchmark year ended 1Q 2015, compared to the 40.7 percent for the
benchmark year ended 1Q 2014.
In the Economic Category Analysis below, all categories experienced new highs in the 1Q 2015
benchmark year compared to the prior eight benchmark year quarters with the exception of
transportation, which was slightly below the 4Q 2014 benchmark year high point. Construction
and miscellaneous had the largest increases of 9.4 and 7.7 percent, respectively, while general
retail and food products increased 5.8 percent. The other economic categories had increases
ranging from 5.5 to 2.5 percent.
%of Total /%Change
ROTC
California
Riverside
County
ECONOMIC
San
Bernardino
County
CATEGORY ANALYSIS
Inland
Empire
S.F. Bay Area
Sacramento
Valley
Central
Valley
South Coast
North Coast
Central
Coast
General Retail
29.0/5.8
28.4/3.2
28.3/4.6
25.2/4.2
26.7/4.5
27.2/2.8
28.0/2.2
30.6/4.4
29.0/3.0
28.0/1.7
31.7/2.0
Food Products
16.8 / 5.8
19.8/6.0
19.0/5.5
14.9/6.1
16.9/5.8
21.2/6.9
16.7/5.4
16.0/4.0
20.8/5.9
18.3/3.8
30.5/5.1
Transportation
26.7 / 2.5
24.5/1.9
27.7/3.6
29.0/4.4
28.4/4.0
21.6/2.1
28.5/2.8
26.7/2.4
24.1/1.1
30.7/0.4
21.5/2.4
Construction
10.7 / 9.4
9.1/6.1
13.3/3.4
8.5/3.3
10.8/3.4
9.2/5.7
11.0/7.0
11.4/5.6
8.0/7.3
12.7/4.4
9.3/3.9
Business to Business
14.9 / 5.5
17.0/4.5
10.8/4.3
21.1/7.5
16.1/6.4
19.6/5.7
14.1/4.2
14.1/3.3
17.0/3.6
9.2/6.2
5.8/14.3
Miscellaneous
2.0 / 7.7
1.1/2.3
0.9/11.0
1.2/15.8
1.1/13.8
1.2/3.1
1.7/2.8
1.2/3.4
1.0/-1.3
1.0/21.5
1.1/-0.9
Total
100.0 / 5.3
100.0/3.9
100.0/4.3
100.0/5.3
100.0/4.8
100.0/4.3
100.0/3.7
100.0/3.8
100.0/3.5
100.0/2.6
100.0/3.8
General Retail: Apparel Stores, Department Stores, Furniture/Appliances, Drug Stores, Recreation Produc s, Florist/Nursery, and Misc. Retail
Food Products: Restaurants, Food Markets, Liquor Stores, and Food Processing Equipment
Construction: Building Materials Retail and Building Materials Wholesale
Transportation: Auto Parts/Repair, Auto Sales- New, Auto Sales- Used, Service Stations, and Misc. Vehicle Sales
Business to Business: Office Equip., Electronic Equip., Business Services, Energy Sales, Chemical Products, Heavy Industry, Light Industry, and Leasing
Miscellaneous: Health & Government, Miscellaneous Other, and Closed Account Adjustments
An analysis of sales tax performance by quarter through 1Q 2015 is attached and illustrates
fairly consistent cycles for sales tax performance for most of the economic categories since the
recent economic recession.
For seven of the top ten segments (auto sales -new, restaurants, department stores,
miscellaneous retail, building materials -wholesale, apparel stores, and building materials -retail)
during the past eight benchmark year quarters, sales tax receipts reached a new high point.
These seven segments represent 55.8 percent of the total sales tax receipts. Service stations,
one of the top ten segments representing 9.8 percent to the total sales tax receipts, decreased
to a new low point in the past two-year period during 10 2015 due to lower fuel prices. Light
industry remained relatively unchanged, and food markets had a slight decrease from the
previous 3Q 2014 high point. These top ten segments represent 75 percent of the total sales
tax receipts. For the other segments representing 25 percent of the total sales tax receipts, the
eleven segments representing 15.7 percent of the total sales tax receipts reached new high
points in the past two years during 10 2015.
In the Economic Segment Analysis below, auto sales -new, restaurants, and department stores
represent the three largest segments for Riverside County, or 32.4 percent of total sales taxes.
This is the tenth consecutive quarter since 3Q 2008 that department stores and auto sales -new
have been in the top three economic segments. Growth seen in previous quarters for the
Agenda Item 8B
39
service stations segment has been declining continuously from the high in the last four years
due to lower fuel prices, and this segment reached a new low point in 1Q 2015. Restaurants
replaced service stations in the top three economic segments beginning in 4Q 2014 and
resulted from continued steady growth in restaurant prices with no decline in restaurant use.
ECONOMICSEGMENT
ANALYSIS
RCTC
California
Riverside
County
San
Bernardino
Count V
Inland
Empire
S.F. Bay
Area
Sacramento
Valley
Central
Valley
South Coast
North Coast
Central
Coast
Largest Segment
Auto Sales-
New
Restaurants
Restaurants
Service
Stations
Service
Stations
Restaurants
Auto Sales-
New
Department
Stores
Restaurants
Service
Stations
Restaurants
% of Total /% Change
11.2/8.8
13.9/7.4
12.0/8.4
11.5/-3.2
11.0/-3.8
14.9/7.8
12.2/7.5
13.7/2.7
15.1/7.1
13.0/-5.5
22.0/6.7
2nd Largest Segment
Restaurants
Auto Sales-
New
Auto Sales-
New
Department
Stores
Restaurants
Auto Sales-
New
Department
Stores
Auto Sales-
New
Auto Sales-
New
Department
Stores
Misc. Retail
% of Total /% Change
10.7/8.3
10.8/8.2
11.8/9.4
10.6/5.3
10.9/8.4
10.4/8.7
11.3/1.6
10.5/12.0
10.9/7.5
11.2/1.0
9.8/3.0
3rd Largest Segment
Department
Stores
Department
Stores
Department
Stores
Restaurants
Department
Stores
Department
Stores
Restaurants
Service
Stations
Department
Stores
Auto Sales-
New
Service
Stations
% of Total /% Change
10.5/2.4
9.9/1.7
11.2/0.1
9.9/8.4
10.9/2.6
8.3/1.8
10.8/6.4
10.2/-6.5
9.6/1.3
10.4/7.8
9.3/0.3
During the review of the 1Q 2015 detailed report with MuniServices, information regarding
sales tax comparison by city and change by economic segments (two highest gains and two
highest losses) from 1Q 2015 to 1Q 2014 was provided.
Staff continues to monitor monthly sales tax receipts and other available economic data to
determine the need for any adjustment to the revenue projections. Staff will utilize the
forecast scenarios included with the complete report and receipt trends in assessing such
projections.
Attachments:
1) Sales Tax Digest Summary 1Q 2015
2) Sales Tax Performance Analysis by Quarter
3) Quarterly Sales Tax Change Comparison by City for 1Q 2015 to 1Q 2014
Agenda Item 8B
40
ATTACHMENT 1
Riverside County Transportation Commission
Sales Tax Digest Summary
Collections through June 2015
Sales through March 2015 (2015Q1)
CALIFORNIA'S ECONOMIC OUTLOOK
California sales tax receipts increased by 3.1% over the same quarter from the previous year, with
Northern California reporting a 3.4% increase compared to 2.9% for Southern California. Receipts for
RCTC changed by 2.1% over the same periods.
The effect of recent nationwide retail trends is being felt in California. Americans are buying less "stuff'
from traditional retail outlets and instead are spending more money on experiences. Air travel is up
2.8% for January and February, and the growth is coming from consumers, not business travelers. (U.S.
Dept. of Transportation) Hotel occupancy rates were up 3.1% year over year in the first quarter of 2015.
The overall occupancy rate of 61.1% was the highest ever recorded for the first quarter. (Smith Travel
Research) Sales at restaurants were up 9% for the first four months of 2015. (U.S. Census Bureau)
Jewelry sales rose for 25-straight months before dipping slightly in April. (MasterCard Advisors) All of
this took place despite a stronger dollar reducing foreign tourism, which suggests that much of the
growth is coming from Americans spending money at home.
Current Sales and Use Tax laws may be based on outdated business models and spending habits.
LOCAL RESULTS
Net Cash Receipts Analysis
Local Collections
Less: Cost of Administration
Net 1Q2015 Receipts
Net 1Q2014 Receipts
Actual Percentage Change
$39,620,861
(509,200)
39,111,661
38,312,787
2.1%
Business Activity Performance Analysis
Local Collections
Less: Payments for Prior Periods
Preliminary 1Q2015 Collections
Projected 1Q2015 Late Payments
Projected 1Q2015 Final Results
Actual 1Q2014 Results
Projected Percentage Change
$39,620,861
(1,577,342)
38,043,519
1,530,239
39,573,758
38,919,856
1.7
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(861d) 800-8181 Page 1
Riverside County Transportation Commission
HISTORICAL CASH COLLECTIONS ANALYSIS BY QUARTER
$44, 000
$42, 000
In $40,000
a
ar
V
a
z
$36,000
$ 34, 000
(in thousands of $)
$600
. _v., $500
$400 H
ar
ar
LL
$300 .0
E
a
$200
$100
$32,000 —H $0
4Q2012 1Q2013 2Q2013 3Q2013 4Q2013 1Q2014 2Q2014 3Q2014 4Q2014 1Q2015
Net Receipts +SBOE Admin Fees Due
TOP 25 SALES/USE TAX CONTRIBUTORS
The following list identifies RCTC's Top 25 Sales/Use Tax contributors. The list is in alphabetical order
and represents sales from April 2014 to March 2015. The
24.7% of RCTC's total sales and use tax revenue.
AMAZON.COM
ARCO AM/PM
BEST BUY STORES
CARMAX THE AUTO SUPERSTORE
CHEVRON SERVICE STATIONS
CIRCLE K FOOD STORES
COSTCO WHOLESALE
DEPT OF MOTOR VEHICLES
DESERT SUNLIGHT
HOME DEPOT
JACK IN THE BOX RESTAURANTS
KOHL'S DEPARTMENT STORES
LOWE'S HOME CENTERS
Top 25 Sales/Use Tax contributors generate
MACY'S DEPARTMENT STORE
MCDONALD'S RESTAURANTS
RALPH'S GROCERY
ROSS STORES
SAM'S CLUB
SHELL SERVICE STATIONS
STATER BROS MARKETS
TARGET STORES
USA SERVICE STATIONS
VERIZON WIRELESS
WAL MART STORES
WALGREEN'S DRUG STORES
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(8i0) 800-8181
Page 2
Riverside County Transportation Commission
HISTORICAL SALES TAX AMOUNTS
The following chart shows the sales tax level from sales through March 2015, the highs, and the lows for
each segment over the last two years.
$20,000
$18,000
$16,000
$14,000
$12,000
$10,000
$8,000
$6,000
$4,000
$2,000
$0
fin thousands of $j
DJ 102015 High ■ Low
eye% a Qc +° ems ��5 °{ �• e & y• �
a`e' eS�c e�L�w e k� °a5 N. #��tiaa � �J
Q { [a`c ale 4a Qa k°ob 40 �•�
P` � ce 4�� �* PQ %\b
4 e
ANNUAL SALES TAX BY BUSINESS CATEGORY
102015
4Q2014
302014
202014
102014
402013
302013
202013
102013
402012
fin thousands of $j
--2fi;9ta5
42,689
17,134 23,799
45,903
45,225
44,557
43,879
43,636
43,102
42,677
42,162
41,353
26,597
26.352
25,887
25,443
24,956
24,421
24,188
23,834
23,531
42,825
16,929 23,639
42,743
16,498 23,215
42,240
16,144 22,782
41,666 15,661 22,553
41,213 15,171 22,254
40,615 14,972 22,398
39,909 14,341 22,443
39,229 13,990 22,390
38,817 13,780 21,781
3,21❑
3,159
3,079
3,083
2,980
2,951
2,859
2,800
2,83❑
2,807
50 $20,000 S40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000
■ General Retail •_ Food Products ■ Transportation ■ Construction ■ Business To Business ■ Miscellaneous
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(8 4) 800-8181
Page 3
Riverside County Transportation Commission
FIVE-YEAR ECONOMIC TREND: CONSTRUCTION
$ 5,000
$4,500
$4,000
$ 3, 500
$ 3,000
$ 2, 500
$ 2,000
$1, 500
$1,000
$500
$0
(in thousands of $)
0 0 0 0 ,-1 sH sH sH N N N N m m m m '71- 71- 71- 71- un
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N N N N N
FINAL RESULTS: October -December 2014 Sales
Local Net Cash Collections
Less: Prior Quarter Payments
Add: Late Payments
Local Net Economic Collections after Adjustments
Percent Change from October -December 2013 Sales
MUNISERVICES' ON -GOING AUDIT RESULTS
This Quarter $345,261
Total to Date $ 5,266,551
$42,964,292
($1,947,530)
$1,350,459
$42,367,221
UP BY 4.8
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(8 �) 800-8181
Page 4
RCTC 1/2%: Sales Tax Performance Analysis by Quarter
ATTACHMENT 2
TOTAL
TOTAL
$50, 000, 000 -
$45, 000, 000 -
$40, 000, 000 -
$35, 000, 000
$30, 000, 000 -
$25, 000, 000 -
$20, 000, 000 -
$15, 000, 000 -
$10,000,000 -
$5, 000, 000 -
$0
CATEGORY
N M gi--I NM fr Efi ( afr NM•cr- NMg NM V Et' r V c-INM V i--IN Mg
U1 U1 U1 lD lD lD lD r•-• n 00000000010101010000,--1 N N N N M M M M�� d- V U1
0000000000000000000���,-1,-1����������� �.-I.-I
0000000000000000000000000000000000000000
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N CV ry N N N N N
Q2
43
Economic
TOTAL
$16,000,000 201501 QoQ %A QoQ $A YoY %A YoY $A
$39,573,758 1.7% $653,903 5.3% $7,992,270
$14,000,000
$12,000,000
$10,000,000
$8, 000, 000
'GENERAL RETAIL
201501 QoQ %A QoQ $A YoY %A YoY $A
$11,359,678 4.9% $533,837 5.8% $2,557,620
% of 2015Q1 Total: 28.7%
FOOD PRODUCTS
201501 QoQ %A QoQ $A YoY %A YoY $A
$7,204,362 4.5% $308,288 5.8% $1,463,045
% of Total: 18.2%
'TRANSPORTATION
$10,283,054 -1
2015Q1 QoQ %A QoQ $A YoY %A YoY $A
$6,000,000 .3%-$136,331 2.5% $1,022,483
% of Total: 26.0%
$4, 000, 000
$2, 000, 000
$0
CONSTRUCTION
2015Q1 QoQ %A QoQ $A YoY %A YoY $A
$4,131,523 5.2% $205,285 9.4% $1,473,436
% of Total: 10.4%
BUSINESS TO BUSINESS
2015Q1 QoQ %A QoQ $A YoY %A YoY $A
$5,811,772 2.8% $159,250 5.5% $1,245,714
% of Total: 14.7%
QoQ = 15Q1 / 14Q1 YoY = YE 15Q1 / YE 14Q1
45
INLAND EMPIRE: Quarterly Comparison of 2014Q1 and 2015Q1 ( January thru March Sales )
ATTACHMENT 3
General Retail
0
a
2 u
C m
A �
m
Jan - Mar
2015
(2015Q1)
Jan - Mar
2014
(2014Q1) % Chg
Gain
Gain
Decline
Decline
RCTC
RCTC
4.9% 4.5% -1.3% 5.2% 2.8%I 7.3% 39,573,758 38,919,856-1.7%IAuto Sales - New
Restaurants
Service Stations
Food Markets
RIVERSIDE COUNTY
BANNING -29.0% 8.6% -4.3% -28.2% 41.6% -80.8%
BEAUMONT 7.8% 10.7% -8.2% -3.3% 17.1% -59.0%
BLYTHE -5.7% 2.5% -1.4% -3.0% 40.6% -36.1%
CORONA 0.7% 2.4% 1.1% 8.3% 9.9% 10.0%
LAKE ELSINORE 2.6% 4.6% 10.1% 5.1% 3.0% 64.0%
HEMET 1.2% 4.2% -10.0% 2.6% 4.5% -2.3%
INDIO 13.7% 4.6% 1.4% 8.0% -1.3% -6.2%
PERRIS -0.7% 4.2% -9.3% -5.0% 2.4% 20.5%
SAN JACINTO 5.9% 3.1% -11.1% -17.5% 22.9% -20.9%
RIVERSIDE 5.7% 10.2% 3.4% 16.8% 8.8% -7.2%
COACHELLA 10.8% 12.8% -8.0% 0.0% -47.5% -11.8%
PALM SPRINGS -0.9% 5.8% -14.5% -6.1% -3.5% -18.4%
DESERT HOT SPRINGS 0.6% 5.1% -19.5% -31.6% -14.3% 6.1%
NORCO 11.9% 1.1% 0.3% 162.7% 9.6% -0.6%
INDIAN WELLS 5.0% 12.4%-100.0% -47.9% -35.8% 113.9%
RANCHO MIRAGE -2.3% 10.6% -20.5% -6.0% 8.8% 14.3%
PALM DESERT -0.2% 5.5% -6.5% 3.6% 6.9% 34.9%
CATHEDRAL CITY 2.4% 2.2% 13.5% 11.7% 11.6% 0.7%
LA QUINTA -3.4% -4.3% 9.2% -2.2% -8.9% 44.5%
MORENO VALLEY 5.3% 3.0% -2.5% -15.0% -15.5% 11.6%
TEMECULA 6.7% 4.3% 10.1% 14.5% -0.2% 10.9%
CANYON LAKE 29.4% 9.0% 1.4% -16.9% -13.1% 0.0%
CALIMESA 12.0% 10.0% -22.8% -20.1% -9.9% -52.1%
MURRIETA 3.0% 0.7% 1.9% 5.0% -18.1% 16.5%
WILDOMAR 9.6% -2.0% -10.2% 35.3% -8.2% -24.7%
MENIFEE 10.0% 2.2% -3.9% 66.1% 8.1% -11.4%
EASTVALE 0.2% 9.2% -32.0% 12.0% 9.4% 13.7%
JURUPA VALLEY -19.3% 3.1% -8.6% 1.5% 6.4% -5.3%
RIVERSIDE COUNTY 17.6% -0.8% -28.7% -50.5% 76.3% -22.0%
428,542
894,222
411,519
7,813,483
1,782,393
2,451,468
2,369,568
1,820,789
509,049
12,641,450
838,126
2,970,134
317,902
1,248,336
391,996
1,221,014
4,626,308
2,055,281
2,112,119
3,527,708
6,818,808
37,918
149,620
2,921,430
309,180
1,314,413
1,416,865
1,901,412
5,889,226
460,632
866,392
399,989
7,472,912
1,688,659
2,542,074
2,252,736
1,843,472
509,974
11,815,335
865,066
3,042,924
348,821
1,163,508
357,312
1,226,974
4,555,089
1,868,756
2,160,722
3,563,364
6,360,718
35,408
160,062
2,930,577
323,331
1,205,496
1,370,829
1,976,279
6,468,845
-7.0%
3.2%
2.9%
4.6%
5.6%
-3.6%
5.2%
-1.2%
-0.2%
7.0%
-3.1%
-2.4%
-8.9%
7.3%
9.7%
-0.5%
1.6%
10.0%
-2.2%
-1.0%
7.2%
7.1%
-6.5%
-0.3%
-4.4%
9.0%
3.4%
-3.8%
-9.0%
Auto Sales - New
Light Industry
Auto Sales - New
BIdg.Matls-Whsle
Auto Sales - New
Auto Parts/Repair
Department Stores
Miscellaneous Other
Restaurants
Auto Sales - New
Food Markets
Restaurants
Restaurants
BIdg.Matls-Whsle
Restaurants
Restaurants
Restaurants
Auto Sales - New
Auto Sales - New
Auto Sales - New
Auto Sales - New
Restaurants
Restaurants
Restaurants
Restaurants
BIdg.Matls-Retail
Electronic Equipment
Leasing
Apparel Stores
Restaurants
Department Stores
Energy Sales
Auto Sales - New
Restaurants
Miscellaneous Retail
Auto Sales - New
Restaurants
Light Industry
BIdg.Matls-Whsle
Restaurants
Leasing
Food Markets
Auto Sales - New
Recreation Products
Furniture/Appliance
Furniture/Appliance
Restaurants
Auto Parts/Repair
Restaurants
Restaurants
Furniture/Appliance
Food Processing Eqp
Auto Sales - New
Miscellaneous Retail
Restaurants
Food Processing Eqp
Miscellaneous Retail
Leasing
Service Stations
Service Stations
Service Stations
Service Stations
Service Stations
Auto Sales - New
Service Stations
Service Stations
Service Stations
Service Stations
Service Stations
Service Stations
Service Stations
Service Stations
Light Industry
Auto Sales - New
Department Stores
Misc. Vehicle Sales
Department Stores
Service Stations
Service Stations
BIdg.Matls-Retail
Service Stations
Service Stations
Service Stations
Service Stations
Service Stations
Department Stores
BIdg.Matls-Whsle
Department Stores
BIdg.Matls-Retail
Furniture/Appliance
Food Markets
Light Industry
Service Stations
Heavy Industry
Heavy Industry
Food Markets
Energy Sales
Light Industry
Energy Sales
BIdg.Matls-Retail
Food Markets
Furniture/Appliance
Misc. Vehicle Sales
Service Stations
Food Markets
Food Markets
BIdg.Matls-Whsle
Food Markets
Auto Sales - Used
Miscellaneous Other
Leasing
Food Markets
Food Markets
Miscellaneous Retail
Service Stations
Service Stations
46
Non -Confidential MuniServices
AGENDA ITEM 8C
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
September 9, 2015
TO:
Riverside County Transportation Commission
FROM:
Budget and Implementation Committee
Megan Kavand, Accountant
Michele Cisneros, Deputy Finance Director
THROUGH:
Anne Mayer, Executive Director
SUBJECT:
Quarterly Investment Report
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to receive and file the Quarterly Investment Report for the
quarter ended June 30, 2015.
BACKGROUND INFORMATION:
For the past few years and as a result of a low interest rate environment, the Commission's
investments were primarily concentrated in the Riverside County Pooled Investment Fund
(RCPIF). Other investments included the state Local Agency Investment Fund and mutual funds.
In connection with the issuance of sales tax revenue bonds and toll revenue bonds and the
execution of Transportation Infrastructure Finance and Innovation Act (TIFIA) loan for the State
Route 91 Corridor Improvement Project (SR-91 CIP), the Commission anticipated the need to
engage an investment manager for the bond proceeds and other required funds. Additionally,
the Commission desired to engage an investment manager to provide investment advisory and
management services related to the Commission's operating funds. Accordingly, at its May
2013 meeting, the Commission awarded two investment management services agreements to
Logan Circle Partners, L.P. (Logan) for SR-91 CIP funds and to Payden & Rygel Investment
Management (Payden & Rygel) for Commission operating funds.
Logan invested the SR-91 CIP debt proceeds during the first quarter of FY 2013/14 in the Short -
Term Actively Managed Program (STAMP). Payden & Rygel was authorized to make specific
investments for the Commission's operating funds beginning with the third quarter of FY
2014/15. In June 2015 the Commission funded its FY 2014/15 SR-91 CIP equity contribution of
approximately $35 million; the funds were invested by Logan in a separate STAMP account.
The quarterly investment report for the Fourth Quarter of FY 2014/15 as required by state law
and Commission policy reflects the increased investment activities resulting from the SR-91 CIP
and available operating cash. The quarterly investment report includes the following
information:
Agenda Item 8C
47
" I n v e s t m e n t P o r t f o l i o R e p o r t ;
" S T A M P P o r t f o l i o b y I n v e s t m e n t C a t e g o r y ;
" S T A M P P o r t f o l i o b y A c c o u n t ;
" S T A M P P o r t f o l i o T r a n s a c t i o n R e p o r t b y A c c o u n t ;
" S T A M P P o r t f o l i o S u m m a r y o f i n v e s t m e n t s b y c r e d i t r a t i n g , i n d u s t r y g r o u p , a s s e t c l a s s ,
s e c u r i t y t y p e a n d m a r k e t s e c t o r ;
" S T A M P P o r t f o l i o T o l l R e v e n u e P r o j e c t S e n i o r L i e n F u n d S u m m a r y o f i n v e s t m e n t s b y
c r e d i t r a t i n g , i n d u s t r y g r o u p , a s s e t c l a s s , s e c u r i t y t y p e a n d m a r k e t s e c t o r ;
" S T A M P P o r t f o l i o T o l l R e v e n u e P r o j e c t S a l e s T a x R e v e n u e F u n d S u m m a r y o f i n v e s t m e n t s
b y c r e d i t r a t i n g , i n d u s t r y g r o u p , a s s e t c l a s s , s e c u r i t y t y p e a n d m a r k e t s e c t o r ;
" S T A M P P o r t f o l i o T o l l R e v e n u e S e r i e s A &