International Right of Way Association Chapter 67 Orange County, California Inside This Issue: President s Message...2 Editor s Corner...4 Articles...7 Tri-Chapter...15 BUNDLE of WRITES November 2015
President s Message Stuart DuVall, MAI George Hamilton Jones, Inc. stu@ghj-inc.com (949) 673 6733 When will summer ever end? We are very lucky to live here in the beautiful weather of Orange County. I only know that it is fall because the World Series is in full swing, otherwise I would not be so sure. At our last luncheon meeting in October, Mike Mason gave an interesting talk about changes to USPAP (Uniform Standards of Professional Appraisal Practice). Some of you may be wondering how I could use USPAP and interesting in the same sentence. But Mike was able to incorporate tales of multi-million dollar fraud, unsolved murder, and his own personal connection to the very beginning of the IRWA and the Appraisal Institute. His grandfather was a charter member of IRWA Chapter 1 as well as a founding member of Chapter 5 (Southern California) of the Appraisal Institute. Our next luncheon meeting is November 10th. Bernadette Duran- Brown of Nossaman will be telling us everything that we need to know about recently enacted California Assembly Bill 2, The Community Revitalization Authority. Is this a resurrection of redevelopment agencies or is it redevelopment lite? Besides coming for the presentation, please join us for good food and conversations around the lunch table. Kindly RSVP to our congenial host Joe Munsey at JMunsey@semprautilities.com. The lunch cost is $20 for those that RSVP by November 6th and $25 for those that pay at the door. Katherine Contreras, Kirsten Bowman and I attended the Regional 1 Fall Forum in Pasadena on October 10. Besides learning a few things about running the chapter, we also came back with a few nuggets to share with our members. For instance, did you realize that IRWA has a new Vision and Mission? Vision: To be the central authority for global infrastructure real estate. Mission: To create a community that fosters ethics, learning and a standard of excellence within our industry. EXECUTIVE BOARD President Stuart DuVall, MAI* George Hamilton Jones, Inc. (949) 673 6733 stu@ghj-inc.com Vice President / President Elect Katherine Contreras, Esq.* Nossaman (949) 477 7641 kcontreras@nossaman.com Treasurer Artemis Manos, SR/WA Southern California Gas Co. (714) 256 1673 agmanos@semprautilities.com Secretary Alyson Suh, Esq. Woodruff, Spradlin & Smart (714) 415 1050 asuh@wss-law.com Past President Kirsten Bowman, Esq. Caltrans (213) 687 6000 kirsten.bowman@dot.ca.gov Chapter Advisor Mike Rubin, Esq. Rutan & Tucker (714) 641 3423 mrubin@rutan.com Nominations & Elections TBD www.irwa67.org 2
Core Values: Integrity: We are role models that embody the highest standard of ethical practice. Excellence: We constantly improve our products, our services and ourselves. Flexibility: We embrace our continually changing environment to adapt to the needs of our stakeholders. Collaboration: We engage our members, partners and other stakeholders to build a shared body of knowledge and experience. Leadership: We shape our future through courage, clarity and transparency. It is also time to renew your membership. Of course, I encourage you to send in your dues as soon as possible, but I also encourage you to check the box on the renewal form for the $20 donation to the RWIEF (The Right of Way International Education Foundation). This charitable foundation funds the development and updating of our IRWA education courses. It is well deserving of your support. I was walking through a department store this week and was surprised to see Christmas decorations and sales displays. I remember when Halloween and Thanksgiving came first! However, it reminded me that our Tri-Chapter Luncheon is coming up faster than you think on December 8th. Join us at the Nixon Library in Yorba Linda for a festive Holiday on Capitol Hill along with your IRWA friends and colleagues from Chapters 1, 57 and 67. Sarah L. Catz from the Institute of Transportation Studies at UCI will be our keynote speaker talking about Automated and Connected Vehicles: The Intersection of Policy and Technology. Contact Mona Hebert SR/WA (Mona.Hebert@ p66.com) regarding sponsorship and volunteer opportunities. There is a registration form in the back of this newsletter. Don t forget to check out our new and improved website (irwa67. org). That s all for now. I hope to see you on November 10th for lunch. BOARD CONTINUED Professional Development Rudy Romo, SR/WA City of Irvine (949) 724 7303 rromo@ci.irvine.ca.us Education James Vanden Akker Paragon Partners (949) 477 7641 jvandenakker@paragon-partners.com Membership Rhonda Weiss Security Land & R/W (714) 635 3380 rweiss@securitylandrow.com COMMITTEE CHAIRS Case of the Month Rutan & Tucker Team** Rutan & Tucker (714) 641 3423 mrubin@rutan.com Engineering / Survey Peter Fitzpatrick PLS Psomas (714) 481 7922 pfitzpatrick@psomas.com Environmental Ann M. Johnston Bonterra Psomas (714) 641 3423 ann.johnston@psomas.com Hospitality Joe Munsey Sempra Utilities (949) 361 8036 jmunsey@semprautilities.com Legislation Franci Coleman (213) 925-5179 francicole@gmail.com www.irwa67.org 3
Editor s Corner Gabe Perez Overland, Pacific & Cutler gperez@opcservices.com (949) 951 5263 Welcome readers back for the November edition of our newsletter. If you would like to contribute content to the newsletter, have questions or any ideas to improve the content please contact me at gperez@opcservices.com or (949) 872 3237 November Luncheon Is Redevelopment Back? Bernadette Duran-Brown and Katrina Wu of Nossaman LLP will be speaking to us about the recently-signed AB 2, which creates Community Revitalization Investment Authorities. They will address whether this is just redevelopment with another name and identify some of the issues to watch for as the new Authorities roll out. Ms. Duran-Brown and Ms. Wu are experienced eminent domain and real estate litigation attorneys primarily focusing on eminent domain, inverse condemnation, regulatory takings and valuation matters. They also have experience assisting clients with land use, entitlement matters, and landlord/tenant-related disputes and has worked on some of the largest public infrastructure projects in California. Both are frequent contributors to the www.californiaeminentdomainreport.com. CHAIRS CONTINUED Newsletter/Communication Gabe Perez Overland, Pacific & Cutler (949) 951 5263 gperez@opcservices.com Pipeline / Utilities Bryan Delos Reyes Phillips 66 (714) 980 1118 bdelosre@gmail.com Public Agency Liason Kirsten Bowman. Esq. Caltrans (213) 687 6000 kirsten.bowman@dot.ca.gov Relocation Michele Folk SR/WA, RW-RAC Overland, Pacific & Cutler (949) 951 5263 mfolk@opcservices.com Seminars TBD Tri-Chapter Luncheon Mona D. Hebert Phillips 66 (562) 290 1519 mona.hebert@p66.com Valuation Casey O. Jones, MAI George, Hamilton Jones, Inc. (949) 673 6733 casey@ghj-inc.com *International Director ** Dave Cosgrove, Mike Rubin, Joseph Larson, Doug Dennington (Esquires) www.irwa67.org 4
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Articles Joseph Larsen Rutan & Tucker, LLP No Longer United, Yet Not Subdivided IRWA New Case Report at November 17, 2015 Chapter 67 Luncheon Joseph Larsen Rutan & Tucker, LLP Save Mount Diablo v. Contra Costa County (Cal. Ct. App., Oct. 7, 2015) 15 Cal. Daily Op. Serv. 11084 [Condemnation which physically separates property does not effect a subdivision.] Simply put, this case held that a division of property within the meaning of the Subdivision Map Act (Gov. Code 66410 et seq.) (the Act ) does not occur simply because an eminent domain proceeding results in a physical separation of a property s non-condemned portions. Roughly rectangular in shape, the property which was the subject of this case was crossed by two narrow, intersecting strips of land that were acquired by the Contra Costa Water District (the District ) through condemnation proceedings in 1997. The appellant owners purchased the property in 2006. The deed described it as a single parcel, defined by metes and bounds, with District-owned land excluded. As a result of the condemnation, the property consisted of four parts, separated from each other by the narrow strips of Districtowned land. After buying the property, the appellant owners applied to the county for a parcel map subdividing the property under the Act into four lots. Before completing the parcel map process, however, the appellants abandoned their application. Instead, they asked the county to issue a certificate of compliance for each of the property s four parts under Government Code section 66499.35, subdivision (a). Under this provision in the Act, a property owner need not file an approved map if the responsible agency concludes that the real property complies with the provisions of [the Act] and of local ordinances enacted pursuant to [the Act]. The appellants argued that they were entitled to a certificate for each part because the District s condemnation had the effect of subdividing the property for purposes of the Act. County planning staff denied the appellants request for four certificates of compliance, concluding that the property s separation as a result of the condemnation did not constitute a subdivision for purposes of the Act. The appellants appealed, and the county planning commission reversed the staff s decision. Save Mount Diablo ( SMD ), a nonprofit corporation, then appealed to the county board of supervisors, which rejected the appeal and issued the four certificates. www.irwa67.org 7
ISMD filed a petition for writ of mandate against the county and board of supervisors, seeking an order requiring the county to set aside the certificates. The trial court granted the petition. It concluded that no legal authority supported the appellants theory that the condemnation effected a subdivision of the property within the meaning of the Act. The appellant owners appealed. The court of appeal affirmed, holding that a taking by eminent domain of two narrow strips of land crossing a property and intersecting each other, which physically separated the property into four parts, was not a division within the meaning of the Act, and thus did not effect a subdivision as a matter of law. The court acknowledged that a subdivision map or parcel map is generally not required in order to convey land to or from a public entity or public utility (Government Code 66428), but this did not mean that the reconfigured and divided privately owned land remaining as a result of the exempt conveyance(s) were also exempted from Map Act compliance. Lessons Learned and Practical Recommendations: To the extent a condemnation action divides a remaining property, such division is not a division within the meaning of the Subdivision Map Act, and thus does not effect a subdivision of the remaining property. As a result, owners, who may be unable to develop their reconfigured and non-contiguous leftover pieces as a single parcel project, may face hurdles and expense to obtain governmental approvals to subdivide and develop the remaining pieces as separate parcels. The bastardized remaining pieces may be of shapes or in locations that do not conform to subdivision requirements. All of this may impact severance damages in the condemnation case that resulted in the divided, but not subdivided pieces. www.irwa67.org 8
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Attorneys You Can Count On John C. Murphy Douglas J. Evertz Jennifer W. Dienhart Jennifer Riel McClure Brad B. Grabske Emily L. Madueno Lisa J. Lambert Ali V. Tehrani Sheereen Javadizadeh 650 Town Center Drive Ste. 550 Costa Mesa, CA 92626 (714) 277-1700 www.irwa67.org 10
Register now for the 2015 Tri-Chapter Luncheon Holiday on Capitol Hill at The Richard Nixon Library 18001 Yorba Linda Boulevard, Yorba Linda 92886-3903 Tuesday, December 8, 2015 11 am - 2pm Speaker: Sarah L. Catz Automated and Connected Vehicles: The Intersection of Policy and Technology Celebrate the holiday season with colleagues and friends! Enjoy the beautiful rose garden Visit the birth house of Nixon Parking available Early Bird Price (on or before November 27 th ): $75 After November 27 th : $85 Your Name: Calculate your payment here: Early Bird After 11/27 Company: Number of Phone: Guests: E-Mail: x$75 X$85 Guests included with this registration payment: Total: $ $ Fax/E-mail/Mail Registration with payment to: IRWA Chapter 67 Artemis Manos 2191 E. Birch St., SC8380 Questions? Contact: Brea, CA 92821 Mona Hebert fax 213-226-4309 Phillips 66 Company AGManos@semprautilities.com 3900 Kilroy Airport Way, Suite 210 Long Beach, CA 90803 mona.hebert@p66.com
SPONSORSHIP OPPORTUNITIES! 2015 Tri-Chapter Luncheon Holiday on Capitol Hill Tuesday, December 8, 2015 The Richard Nixon Library 18001 Yorba Linda Boulevard, Yorba Linda 92886-3903 Speaker: Sarah L. Catz Automated and Connected Vehicles: The Intersection of Policy and Technology There are still more opportunities available for sponsors! -$750-1 Co-Sponsorship for the Beer/Wine Bar is available at this amount only. You get one 18 x 24 inches Company Logo Poster Panel with Easel -$250-4 Sponsorships are available at this amount only. You get one 11 x 17 inches Company Logo Poster Panel with Easel -$50-5 Raffle Sponsorships are available at this amount only. You get your company name displayed on the Raffle sponsor board. Note: If you are a sponsor and have promotional materials, we would be happy to distribute them at the luncheon. Each sponsoring level comes with an additional opportunity to have your company logo included on the Sponsorship/Raffle Sponsorship Board at the event, recognition in promotional materials, and inclusion on the Thank You page in Chapter 67 s newsletter and Website through June 2016.
All materials must be provided to us on or before November 20, 2015. For more information, please contact Mona Hebert, SR/WA Phillips 66 Company 3900 Kilroy Airport Way, Suite 210 Long Beach, CA 90803 mona.hebert@p66.com (Later sponsorships are welcome, but may not receive incentives depending on printing deadlines)
2015 Tri-Chapter Luncheon Holiday on Capitol Hill Tuesday, December 8, 2015 The Richard Nixon Library 18001 Yorba Linda Boulevard, Yorba Linda 92886-3903 BIG THANKS to our current sponsors: Swooping in for the Air Force One $1,500 sponsor level! Taking a seat in the Oval Office $1,000 sponsor level Taking a seat in the Oval Office $1,000 sponsor level Taking a seat in the Oval Office $1,000 sponsor level
Hosting the Dessert Table - $750 Co-hosting the Beer/Wine Bar - $750 Occupying the West Wing 1 $500 sponsor level Occupying the West Wing 2 $500 sponsor level
Eco, Inc. Occupying the West Wing 3 $500 sponsor level Strolling the Rose Garden at $250 sponsor level
19210 S. Vermont Avenue, Building A, Suite 100 Gardena, CA 90248 Phone: (310) 538-0233 www.irwaonline.org 502 Non-Residential Relocation Assistance 02.04.16 Irvine, CA Course 502 - Non-Residential Relocation Assistance Course Description: This course presents the processes necessary to relocate a business. Participants will learn how to apply provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, in conjunction with the Surface Transportation and Relocation Assistance Act of 1987, and subsequent revisions, to the relocation of non-residential entities. PLEASE NOTE: Participants must read 49 CFR Part 24 prior to attending this class. Topics: General eligibility requirements Relocation planning Identification of personal property Advisory assistance Payments for property not moved Re-establishment vs. move Fixed payments for businesses, nonprofit organizations and farms Appeals process Course Level: Intermediate Course Tuition Includes: Participant Manual Federal Register Required Materials: Financial calculator Who Should Take This Course: This course is designed to provide the fundamentals of nonresidential relocation to right of way professionals. California Bureau of Real Estate Appraisers has approved this course for 14 continuing education credits. Course approval number: 14CP382501013 AS OF JULY 1, 2015 THE MINIMUM PERCENTAGE GRADE REQUIRED TO PASS A CLASS EXAM IS 75%.
502 Non-Residential Relocation Assistance 02.04.16 Irvine, CA Register online at www.irwaonline.org / Fax this entire page to IRWA HQ: (866) 388-7419 I I I I I I I I I I I I I I I I I I I I I I I I I I I Last Name First Name I I I I I I I I I I I I I I I I I I I I I I I I I I I Title If payment includes the fees for registrants other than yourself, check here: (Please submit names of other registrants on a separate paper along with this form) Will you also be attending? Yes No I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l I l l l l l Company Name I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l I l l l l l Address I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l I l l l l l City, State, Zip/Postal Code ( ) - Yes No I I I I I I I I I I I I l I l l l l Phone Member Member ID Number I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l I l l l l l Email Address Registration Deadlines Member Tuition Non-Member Tuition Total Tuition Amount On and Before: 01/27/2016 $ 415.00 $ 520.00 On and After: 01/28/2016 $ 440.00 $ 545.00 Total Member Registrants: Total Non-Member Registrats: PRINT NAME AS IT APPEARS ON CARD: 3-DIGIT CVV: AMEX MC VISA Card #: EXP: SIGNATURE: Date: Amount to be Charged: 502 Non-Residential Relocation Assistance 02.04.16 Irvine, CA Sponsor: IRWA Chapter 67 Date: February 4-5, 2016 Time: 2 days 8 AM to 5 PM Daily City: Irvine, CA Class Location: 1 Civic Center Plaza L102 - Civic Center Facility Irvine, CA 92606 Phone: (949) 724-6620 Participant Capacity: 25 Accommodations: Holiday Inn Santa Ana-Orange County Airport 2726 S. Grand Ave Santa Ana, CA 92705 Phone: (714) 481-6306 Rates: Single - $119.00 + Tax (based on availability) Contact hotel for reservations, and ask for Edward and mention "IRWA Class" Course Coordinator: Mr. James Vanden Akker, ARWP Paragon Partners Ltd. 5762 Bolsa Ave Suite 201 Huntington Beach, CA 92649 Four Ways to Register: Online: www.irwaonline.org Fax: (310) 538-1471 Phone: (310) 538-0233, x134 Phone: (714) 379-3376 Contact Course Coordinator Fax: (714) 373-1234 Email: jvandenakker@paragon-partners.com Course Instructor: Michele L. Folk, SR/WA, R/W-RAC, R/W-URAC, R/W-NAC, is a Principal and the Managing Director of Housing and Local Public Agency with Overland, Pacific & Cutler, Inc. (OPC), a right of way consulting firm, and she has been managing and providing land acquisition and relocation services for public agencies and private developers since 1999. Ms. Folk has developed and taught internal relocation courses for OPC staff, as well as taught relocation classes to local public agency staff and for the IRWA. Her particular specialty is guiding clients and managing projects involving HUD funding. Ms. Folk member of the International Relocation Assistance Community of Practice and was a member of the International Professional Development Committee. She has been involved with IRWA relocation course updates and revisions since 2009. She has held numerous local chapter Board and committee positions, including President, Professional Development Chairperson and Relocation Committee Chairperson in Chapter 67 since 2000, and she was the Region 1 Representative to the International Relocation Assistance Committee from 2008 2013. Ms. Folk was awarded Chapter 67 s Professional of the Year and Region 1 s Professional of the Year in 2012. Cancellation Policy: All classes scheduled by IRWA are subject to cancellation. All class registrants must contact the Course Coordinator prior to making travel arrangements, keeping in mind that the class may be cancelled at any time (for reasons including, but not limited to, insufficient registration, Instructor emergencies or other issues beyond the control of the chapter and/or IRWA). Fully liquidated damages for any losses incurred by a class registrant are limited solely to a refund of the registrant s prepaid class tuition. IRWA and its chapters assume no other registrant liability resulting from class cancellation. Tuition Refund Policy: Written notification of intent to cancel registration must be received via email by both the Course Coordinator and IRWA Headquarters Education Staff (education@irwaonline.org ) prior to the class start date in order to be eligible for a tuition refund. A full tuition refund will be issued if notice is received 15 days or more prior to the class start date; a 75% refund will be issued if notice is received less than 15 days prior to the class start date, and no refund will be issued for notice received on or after the class start date.