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HomeMy Public PortalAbout11 November 09, 2022 ExecutiveComments are welcomed by the Committee. If you wish to provide comments to the Committee, please complete and submit a Speaker Card to the Clerk of the Board. EXECUTIVE COMMITTEE MEETING AGENDA TIME: 9:00 a.m. DATE: Wednesday, November 9, 2022 LOCATION: MARCH FIELD CONFERENCE ROOM County of Riverside Administrative Center 4080 Lemon Street, Third Floor, Riverside  COMMITTEE MEMBERS  V. Manuel Perez, County of Riverside, District 4 – Chair Bob Magee, City of Lake Elsinore – Vice Chair Lloyd White, City of Beaumont – Second Vice Chair Jan Harnik, City of Palm Desert – Past Chair Wes Speake, City of Corona Brian Berkson, City of Jurupa Valley Lisa Middleton, City of Palm Springs Ben J. Benoit, City of Wildomar Karen Spiegel, County of Riverside, District 2 Chuck Washington, County of Riverside, District 3 Jeff Hewitt, County of Riverside, District 5  AREAS OF RESPONSIBILITY  Reviews and makes final decisions on personnel issues and office operational matters. RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXECUTIVE COMMITTEE MEETING AGENDA 9:00 A.M. WEDNESDAY, NOVEMBER 9, 2022 County of Riverside Administrative Center March Field Conference Room 4080 Lemon Street, Third Floor, Riverside In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission’s website, www.rctc.org. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in an Executive Committee meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS - Under the Brown Act, the Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Each individual speaker is limited to speak three (3) continuous minutes or less. 5. ADDITIONS/REVISIONS – The Committee 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 Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the Committee 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. 6. APPROVAL OF THE MINUTES – MARCH 9, 2022 Page 1 Executive Committee Meeting November 9, 2022 Page 2 7. PROPOSED ADMINISTRATIVE CODE CHANGES Page 6 This item is for the Committee to recommend that the Commission adopt Ordinance No. 22-001: 1) Updating Executive Committee membership based on population changes; 2) Amending dated language pertaining to the Citizens and Specialized Transit Advisory Committee; 3) Amending dated language pertaining to the Commission’s Claims Policy; and 4) Correcting typographical errors and minor language edits. 8. ADJOURNMENT AGENDA ITEM 6 MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES SPECIAL EXECUTIVE COMMITTEE MEETING WEDNESDAY, MARCH 9, 2022 1.CALL TO ORDER The meeting of the Executive Committee was called to order at 8:30 a.m. via Zoom Meeting ID: 812 3670 9180. Pursuant to Governor Newsom’s Executive Order N-29-20, (March 18, 2020), the meeting was conducted via video conferencing and by telephone. ROLL CALL Commissioners Present Commissioners Absent Ben J. Benoit Karen Spiegel Lisa Middleton* Jeff Hewitt Bob Magee V. Manuel Perez Chuck Washington Lloyd White Brian Berkson Jan Harnik *Arrived after the meeting was called to order 2.PLEDGE OF ALLEGIANCE Commissioner Chuck Washington led the Executive Committee in a flag salute. 3.PUBLIC COMMENTS There were no public comments. 4.ADDITIONS/REVISIONS There were no additions or revisions. 1 Executive Committee Meeting Minutes March 9, 2022 Page 2 5. APPROVAL OF THE MINUTES – DECEMBER 8, 2021 MEETING M/S/C (Berkson/White) to approve the minutes of March 8, 2021, as submitted. 6. ORGANIZATIONAL CHANGES Anne Mayer, Executive Director, provided a detailed overview of the proposed organizational changes. Commissioner Spiegel asked for clarification regarding positions that serve both the RCTC and the RCA. Ms. Mayer went through the organizational chart and detailed which positions primarily performed work for RCA, RCTC, or both. Commissioner Berkson asked about PERS burdens with the addition of positions. Ms. Mayer stated there will be increased PERS costs for new positions however she noted RCTC pays their PERS balance annually and does not currently have any unfunded liability. Additionally, the agency is moving towards a majority of PEPRA employees versus Classic PERS employees. Commissioner Berkson asked about the Deputy Director layer under Regional Conservation and Ms. Mayer clarified the differences between a Deputy Director layer versus a management layer. At this time, Commissioner Middleton joined the meeting. Commissioner Magee questioned the addition of staffing in Regional Conservation, expressing concern with the efficiency of the agency in the past. Ms. Mayer clarified the addition of the new position is to address the concerns of and improve relationships with the member agencies. Anne Mayer then provided an overview for proposed compensation changes including an increase to healthcare contributions. In response to Commissioner Spiegel’s questions about health plans, Ms. Mayer clarified employees can choose from any of the PERS health plans, however they do not receive the balance of the health contribution should the plan they choose be less than the $1500 contribution amount. Commissioner Spiegel asked about positions being on the salary range chart but not on the organizational chart, and Ms. Mayer clarified a position being included on the salary range chart does not make it an approved position. Only positions on the organizational chart are approved positions. 2 Executive Committee Meeting Minutes March 9, 2022 Page 2 Commissioner Harnik stated RCTC is an agency other agencies can learn from as far as their prudent approach to everything that is done. Commissioner Harnik questioned the decision to recommend the increased health care on the lower end of the range. Anne Mayer introduced Alyssa Thompson of Koff and Associates who performed the study to provide additional information. Ms. Thompson detailed how the market average was obtained and how they arrived at the eventual recommendation of the health care increase. She stated the recommendation was a range of $1250-$2000 per month. Commissioner Harnik requested staff continue to keep an eye on the medical coverage, that it continues to be adequate for the staff. Commissioner Washington stated Anne Mayer’s competent management and leadership of RCTC has increased confidence in the management of RCA, including her prudent fiscal management. He expressed support for the recommendations. Commissioner Middleton stated these are reasonable recommendations and she is in favor. She made the motion to approve the recommended actions, and Commissioner Washington seconded the motion. Supervisor Hewitt expressed concern that the proposed medical contribution increase for RCTC will make their contribution much higher than the County, so he is not in support of the medical increase. Anne Mayer stated RCTC employees are not unionized and do not have bargaining units that control their rates. Commissioner Berkson asked about dental and vision coverage, and Anne Mayer clarified dental and vision is covered by RCTC. 3 Executive Committee Meeting Minutes March 9, 2022 Page 2 M/S/C (Middleton/Washington) to: 1) Reclassify the following titles and approve associated changes on the Fiscal Year 2022/23 organization chart and salary range schedule: a. Regional Conservation Deputy Executive Director on range 67 ($15,566- $21,015 per month) to Regional Conservation Director on range 67 ($15,566-$21,015 per month); b. Technical Information Program Manager on range 45 ($9,042- $12,207 per month) to Senior Management Analyst- GIS on range 43 ($8,606- $11,619 per month); c. Administrative Services Manager/ Clerk of the Board on range 51 ($10,486 - $14,156 per month) to an Administrative Services Director/ Clerk of the Board on range 57 ($12,160 - $16,417 per month); d. Human Resources Administrator on range 45 ($9,042 -$12,207 per month) to Human Resources Manager on range 53, ($11,017 - $14,873 per month); 2) Approve the addition of the following positions to the Fiscal Year 2022/23 organization chart and associated changes on the FY 2022/23 salary range schedule: a. Administrative Assistant on range 17 ($4,529- $6,114 per month); b. Accountant on range 35 ($7,064- $9,536 per month); c. Human Resources Assistant on range 17 ($4,529-$6,114 per month); d. Regional Conservation Deputy Director on range 57 ($12,160-$16,417 per month) 3) Approve a 4 percent merit increase pool for Fiscal Year 2022/23; 4) Apply a 4 percent annual CPI salary range adjustment to Fiscal Year 2022/23 salary ranges; 5) Approve a $750 increase to the monthly employer contribution towards employee health care to a total of $1500 in Fiscal Year 2022/23; 6) Approve the Fiscal Year 2022/23 organization chart; and 7) Forward the Fiscal Year 2022/23 Salary Ranges schedule to the Commission for final adoption. No: Hewitt 4 Executive Committee Meeting Minutes March 9, 2022 Page 2 7. ADJOURNMENT There being no other items to be considered, the Executive Committee meeting adjourned at 9:29 a.m. Respectfully submitted, Lisa Mobley Clerk of the Board 5 AGENDA ITEM 7 Agenda Item 7 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: November 9, 2022 TO: Executive Committee FROM: Aaron Hake, Deputy Executive Director THROUGH: Anne Mayer, Executive Director SUBJECT: Proposed Administrative Code Changes STAFF RECOMMENDATION: This item is for the Committee to recommend that the Commission adopt Ordinance No. 22-001: 1) Updating Executive Committee membership based on population changes; 2) Amending dated language pertaining to the Citizens and Specialized Transit Advisory Committee; 3) Amending dated language pertaining to the Commission’s Claims Policy; and 4) Correcting typographical errors and minor language edits. BACKGROUND Since adopted in 1993, the administrative code has been regularly updated and amended to reflect changes in policy, amend outdated language and to ensure the organization is structured in a way to address the County’s ongoing transportation needs. This item puts forward a number of suggested changes to the Administrative Code that will ensure consistency between current Commission practice and the code. Executive Committee Membership The Executive Committee was established in 1999 as a result of the reorganization of the Commission. The responsibility of the Executive Committee is to oversee staff functions; recommend staff positions, job descriptions and salaries; appoint, contract with and determine the compensation of the Executive Director; discipline, review and terminate the Commission’s Executive Director; and oversee administration of the Commission’s office. Overall, there are 11 seats on the Executive Committee. The seats are held by the Chair, Vice Chair, Second Vice Chair, Past Chair, a representative from Western Riverside County cities with a population of under 100,000, a representative from Coachella and Palo Verde Valley cities with a population of less than 100,000 people, two city representative from cities with a population 6 Agenda Item 7 over 100,000, and three members from the Board of Supervisors. The representatives from the cities are selected through a caucus process that usually takes place at the December Commission meeting. Currently, two regular members that represent the cities of Corona, Jurupa Valley, Moreno Valley, Murrieta, Riverside, and Temecula are members of the Executive Committee. Data from the California Department of Finance shows Menifee has exceeded the 100,000 mark in population (Attachment 1). Staff recommends amending the Administrative Code to recognize Menifee’s standing as a city of more than 100,000. Citizens and Specialized Transit Advisory Committee At its April 2021 meeting, the Commission adopted new bylaws for the Citizens and Specialized Transit Advisory Committee (CSTAC). Staff is recommending these changes be reflected in the Commission’s Administrative Code for consistency. The redline changes are located on pages 11-13 of Attachment 2 to this agenda item. Claims Policy The current Administrative Code has listed the California Claims Act in its entirety. As state law is amended from time to time, staff recommends removing the language and replacing it with language stating the Commission will follow the requirements set forth in the California Government Claims Act. The Commission’s current operations include 7 commuter rail stations, 25 miles of toll roads and a variety of ongoing construction projects. This can result in the presentation of a number of claims to the commission for consideration. Staff and legal counsel have recommended including language in the Administrative Code authorizing the Executive Director, upon advice of General Counsel, to settle these claims on behalf of the Commission. Presentation of Proposed Amendments and Minor Language Edits Staff attached the entire Administrative Code for the Committee’s review and has clearly denoted proposed amendments and changes discussed previously in this staff report, as well as minor clarifications to address language that is archaic or no longer applicable. Attachments: 1) City/County Population and Housing Estimates, 01/01/2022 2) Redlined RCTC Administrative Code with Proposed Changes 3) Ordinance No. 22-001 7 SLOWING STATE POPULATION DECLINE PUTS LATEST POPULATION AT 39,185,000 FOR IMMEDIATE RELEASE: CONTACT: Walter Schwarm May 2, 2022 (916) 323-4086 H.D. Palmer (916)323-0648 SACRAMENTO— California’s population dipped slightly by 117,552 residents last year, bringing the state’s total to 39,185,605 people as of January 1, 2022, according to new population estimates and housing data released today by the California Department of Finance. The 0.3-percent decline represents a slowing compared to the 0.59-p ercent decline over the nine- month period between the April 2020 Census date and the year’s end. As Baby Boomers age, and fertility declines among younger cohorts, the continuing slowdown in natural increase -- births minus deaths -- underlies the plateauing of the state’s population growth. The addition of COVID-19-related deaths, federal policies restricting immigration, and an increase in domestic out-migration further affected population totals. Overall growth was also affected by continuing federal delays in processing foreign migration: while last year saw positive immigration (43,300), the level was below the average annual rate of 140,000 before the pandemic. The report contains preliminary year-over-year January 2022 and revised January 2021 population data for California cities, counties, and the state. These estimates are based on information through January 1, 2022. Significant changes over the year include: •While population growth remained strong in the interior counties of the Central Valley and the Inland Empire, the majority of counties saw declines, including every coastal county except San Luis Obispo, Santa Barbara, and Santa Cruz (due in part to college students returning to campus). •Only two counties had growth above one percent: Yolo (1.8 percent), due to increases in college group quarters (dorms), and San Benito (1.1 percent), due to housing gains. Following in percentage growth were Modoc (1.0 percent), Tuolumne (0.9 percent), and Merced (0.9 percent) counties. •Thirty-four of the state’s fifty-eight counties lost population. The ten largest percentage decreases occurred in Plumas (-3.2 percent), Lassen (-2.8 percent), Butte (-2.4 percent), Del Norte (-1.4 percent), Napa (-1.0 percent), San Mateo (-0.9 percent), Marin (-0.9 percent), Shasta (-0.8 percent), San Francisco (-0.8 percent), and Ventura (-0.8 percent). •The state’s three most populous counties all experienced population loss: Los Angeles declined by 70,114 persons (-0.7 percent), San Diego by 1,197 persons (-0.04 percent), and Orange by 7,297 persons (-0.2 percent). 8 ATTACHMENT 1 Also of note in the report: •361 cities lost population, while 118 gained population and 3 had no change. •Of the ten largest cities in California, Bakersfield had the largest percentage gain in population (0.7 percent, or 2,736), followed by San Diego (0.2 percent, or 2,958). •Group quarters represent 2.3 percent (907,000) of the total state population. This population includes those living in college dormitories 240,000) and in correctional facilities (172,000). Between April 1, 2020 and January 1, 2021, California’s group quarters population decreased by 165,000 people or 17 percent, due principally to policies associated with COVID-19. The dormitory population dropped by 109,000 (45.0 percent). In 2021, however, college group quarters populations have returned to 98.9 percent of their 2020 Census levels with 240,000 students in dormitories, which restored populations in many college towns. Areas most affected by the pandemic-driven shift in college dormitory population between 2020 and 2021 based on total population growth include: Unincorporated Yolo County (26.5 percent), Santa Cruz (11.3 percent), Albany (5.4 percent), Unincorporated Santa Barbara County (4.5 percent), Seaside (3.1 percent), and Irvine (3.0 percent). •State prisons are generally located in remote areas; as a result, increases or decreases can account for significant changes in their respective area populations. For example, prison declines led to population decreases in Taft (-4.7 percent) in Kern County, Susanville (-9 percent) in Lassen County, and Crescent City (-4.1 percent) in Del Norte County. Background Information: These population estimates are produced annually by the Department of Finance for use by local areas to calculate their annual appropriations limit. The State Controller’s Office uses Finance's estimates to update their population figures for distribution of state subventions to cities and counties, and to comply with various state codes. Additionally, estimates are used for research and planning purposes by federal, state, and local agencies, the academic community, and the private sector. These estimates reflect a state and county level revision of the preliminary January 1, 2021 estimates that were released in May 2021 and reflected a state population at 39,466,855 versus this year’s revised estimate of 39,303,157; a downward revision of 163,698. The primary causes are the change to a new Census 2020 benchmark, and higher migration estimates during the COVID-19 pandemic. Changes to the housing stock are used in the preparation of the annual city population estimates. Estimated occupancy of housing units and the number of persons per household further determine population levels. Changes in city housing stock result from new construction, demolitions, housing unit conversions, and annexations. The sub-county population estimates are then adjusted to be consistent with independently produced county estimates. Comparing Census Bureau’s recently released July 1, 2021 estimates with Finance’s January 1, 2022 estimates should generally be avoided since they refer to different points in time. In addition, there are numerous differences between the two series including the effects of the wildfires, changes in migration patterns, accelerating slowdown in births, and excess deaths due to the COVID-19 pandemic that make comparisons difficult. All Finance population and housing estimates are benchmarked to a decennial census. The estimates in this report are benchmarked to the 2020 decennial census. Related population reports are available on the Department’s website: http://www.dof.ca.gov/Forecasting/Demographics/ # # # 9 Department of Finance Demographic Research Unit Population Estimates for California Cities 10 Largest Cities City Population Percent Change January 1, 2022 2021-22 1. Los Angeles 3,819,538 -0.9 2. San Diego 1,374,790 0.2 3. San Jose 976,482 -1.5 4. San Francisco 842,754 -0.8 5. Fresno 543,660 0.2 6. Sacramento 518,037 -0.1 7. Long Beach 460,682 0.2 8. Oakland 424,464 -1.3 9. Bakersfield 408,865 0.7 10. Anaheim 341,245 -1.0 10 Fastest Growing Cities with Populations Over 30,000 City Population Percent Change January 1, 2022 2021-22 1. Santa Cruz 64,075 11.3 2. Lathrop 31,331 6.6 3. Seaside 32,068 3.1 4. Irvine 310,250 3.0 5. Menifee 106,627 2.9 6. Berkeley 124,563 2.7 7. Stanton 39,275 2.6 8. Delano 51,258 2.4 9. Chino 91,998 2.4 10. Manteca 86,859 2.2 10 Cities Under 300,000 with the Largest Numeric Change City Population Numeric Change January 1, 2022 2021-22 1. Santa Cruz 64,075 6,481 2. Berkeley 124,563 3,294 3. Menifee 106,627 3,010 4. Fontana 212,809 2,920 5. Ontario 179,516 2,827 6. Roseville 151,034 2,240 7. Chino 91,998 2,174 8. Clovis 123,665 1,998 9. Lathrop 31,331 1,947 10. Manteca 86,859 1,864 10 E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022 Total Population Percent Total Population Percent JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change CALIFORNIA 39,303,157 39,185,605 -0.3 Alameda 1,662,370 1,651,979 -0.6 Alameda 78,262 77,784 -0.6 Albany 20,542 21,648 5.4 Berkeley 121,269 124,563 2.7 Dublin 73,209 72,932 -0.4 Emeryville 12,617 12,497 -1.0 Fremont 228,872 229,476 0.3 Hayward 161,744 160,591 -0.7 Livermore 87,388 86,149 -1.4 Newark 47,157 47,229 0.2 Oakland 430,100 424,464 -1.3 Piedmont 11,138 10,977 -1.4 Pleasanton 78,924 77,609 -1.7 San Leandro 89,926 88,404 -1.7 Union City 69,301 68,150 -1.7 Balance of County 151,921 149,506 -1.6 Alpine 1,195 1,200 0.4 Amador 40,287 40,297 0.0 Amador 193 191 -1.0 Ione 8,722 8,888 1.9 Jackson 5,028 5,028 0.0 Plymouth 1,056 1,045 -1.0 Sutter Creek 2,640 2,620 -0.8 Balance of County 22,648 22,525 -0.5 Butte 206,640 201,608 -2.4 Biggs 1,974 1,939 -1.8 Chico 102,359 102,892 0.5 Gridley 7,413 7,205 -2.8 Oroville 20,119 18,863 -6.2 Paradise 6,137 7,705 25.5 Balance of County 68,638 63,004 -8.2 Calaveras 45,250 45,049 -0.4 Angels City 3,641 3,623 -0.5 Balance of County 41,609 41,426 -0.4 Colusa 21,773 21,807 0.2 Colusa 6,356 6,383 0.4 Williams 5,530 5,563 0.6 Balance of County 9,887 9,861 -0.3 Contra Costa 1,161,324 1,156,555 -0.4 Antioch 115,142 115,074 -0.1 Brentwood 64,224 64,342 0.2 Clayton 10,964 10,863 -0.9 Concord 124,755 123,634 -0.9 Danville 43,373 43,352 0.0 El Cerrito 25,671 25,650 -0.1 Hercules 26,357 26,091 -1.0 Lafayette 25,217 25,064 -0.6 Martinez 37,195 36,908 -0.8 Moraga 17,206 17,105 -0.6 Oakley 43,627 44,533 2.1 Orinda 19,496 19,478 -0.1 Pinole 18,819 18,628 -1.0 Pittsburg 75,788 75,156 -0.8 Pleasant Hill 34,335 34,026 -0.9 Richmond 114,643 114,489 -0.1 San Pablo 31,793 31,510 -0.9 San Ramon 84,226 83,820 -0.5 Walnut Creek 70,566 69,891 -1.0 Balance of County 177,927 176,941 -0.6 Del Norte 27,593 27,218 -1.4 Crescent City 6,320 6,060 -4.1 Balance of County 21,273 21,158 -0.5 El Dorado 191,054 190,465 -0.3 Placerville 10,636 10,646 0.1 South Lake Tahoe 21,508 21,199 -1.4 Balance of County 158,910 158,620 -0.2 Fresno 1,009,231 1,011,273 0.2 Clovis 121,667 123,665 1.6 Coalinga 17,520 17,277 -1.4 Firebaugh 8,164 8,439 3.4 Fowler 6,863 6,962 1.4 Fresno 542,720 543,660 0.2 Huron 6,176 6,170 -0.1 Kerman 16,074 16,639 3.5 Kingsburg 12,533 12,506 -0.2 Mendota 12,499 12,440 -0.5 Orange Cove 9,553 9,497 -0.6 Parlier 14,553 14,497 -0.4 Reedley 24,929 24,982 0.2 Sanger 26,558 26,304 -1.0 San Joaquin 3,674 3,639 -1.0 Selma 24,702 24,522 -0.7 Balance of County 161,046 160,074 -0.6 Glenn 28,788 28,750 -0.1 Orland 8,319 8,267 -0.6 Willows 6,345 6,427 1.3 Balance of County 14,124 14,056 -0.5 11 E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022 Total Population Percent Total Population Percent JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change Humboldt 135,553 135,168 -0.3 Arcata 17,633 18,059 2.4 Blue Lake 1,165 1,151 -1.2 Eureka 27,134 26,768 -1.3 Ferndale 1,376 1,367 -0.7 Fortuna 12,523 12,432 -0.7 Rio Dell 3,380 3,342 -1.1 Trinidad 300 296 -1.3 Balance of County 72,042 71,753 -0.4 Imperial 179,488 179,329 -0.1 Brawley 26,648 26,952 1.1 Calexico 38,906 38,711 -0.5 Calipatria 6,465 6,367 -1.5 El Centro 44,871 44,508 -0.8 Holtville 5,504 5,565 1.1 Imperial 20,755 21,513 3.7 Westmorland 2,017 2,004 -0.6 Balance of County 34,322 33,709 -1.8 Inyo 18,982 18,978 0.0 Bishop 3,868 3,869 0.0 Balance of County 15,114 15,109 0.0 Kern 907,324 909,813 0.3 Arvin 19,833 19,639 -1.0 Bakersfield 406,129 408,865 0.7 California City 14,942 14,952 0.1 Delano 50,045 51,258 2.4 Maricopa 1,028 1,018 -1.0 McFarland 14,034 13,902 -0.9 Ridgecrest 28,059 28,061 0.0 Shafter 19,950 20,486 2.7 Taft 7,355 7,011 -4.7 Tehachapi 12,260 12,375 0.9 Wasco 25,235 26,689 5.8 Balance of County 308,454 305,557 -0.9 Kings 151,059 152,023 0.6 Avenal 12,750 13,186 3.4 Corcoran 20,807 22,047 6.0 Hanford 58,544 58,299 -0.4 Lemoore 27,225 27,058 -0.6 Balance of County 31,733 31,433 -0.9 Lake 67,651 67,407 -0.4 Clearlake 16,671 16,509 -1.0 Lakeport 4,898 4,999 2.1 Balance of County 46,082 45,899 -0.4 Lassen 31,132 30,274 -2.8 Susanville 14,514 13,212 -9.0 Balance of County 16,618 17,062 2.7 Los Angeles 9,931,338 9,861,224 -0.7 Agoura Hills 19,975 19,771 -1.0 Alhambra 82,182 81,834 -0.4 Arcadia 56,240 55,934 -0.5 Artesia 16,347 16,226 -0.7 Avalon 3,428 3,394 -1.0 Azusa 50,191 49,704 -1.0 Baldwin Park 71,455 70,855 -0.8 Bell 33,962 33,624 -1.0 Bellflower 78,107 77,359 -1.0 Bell Gardens 39,265 38,861 -1.0 Beverly Hills 32,565 32,265 -0.9 Bradbury 914 904 -1.1 Burbank 106,268 105,451 -0.8 Calabasas 23,151 22,926 -1.0 Carson 92,912 92,362 -0.6 Cerritos 49,163 48,634 -1.1 Claremont 37,364 37,072 -0.8 Commerce 12,273 12,140 -1.1 Compton 95,261 94,233 -1.1 Covina 50,933 50,449 -1.0 Cudahy 22,526 22,318 -0.9 Culver City 40,330 40,135 -0.5 Diamond Bar 54,782 54,204 -1.1 Downey 113,525 112,584 -0.8 Duarte 21,473 21,258 -1.0 El Monte 108,728 107,706 -0.9 El Segundo 17,244 17,084 -0.9 Gardena 60,382 59,947 -0.7 Glendale 194,618 193,116 -0.8 Glendora 52,316 51,821 -0.9 Hawaiian Gardens 13,755 13,619 -1.0 Hawthorne 87,722 86,841 -1.0 Hermosa Beach 19,382 19,171 -1.1 Hidden Hills 1,736 1,738 0.1 Huntington Park 54,519 53,942 -1.1 Industry 440 438 -0.5 Inglewood 107,143 106,481 -0.6 Irwindale 1,482 1,490 0.5 La Canada Flintridge 20,291 20,081 -1.0 La Habra Heights 5,655 5,594 -1.1 Lakewood 81,681 80,876 -1.0 La Mirada 49,074 48,696 -0.8 Lancaster 176,166 175,164 -0.6 La Puente 37,626 37,587 -0.1 La Verne 32,608 32,304 -0.9 12 E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022 Total Population Percent Total Population Percent JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change Lawndale 31,638 31,301 -1.1 Lomita 20,851 20,633 -1.0 Long Beach 459,757 460,682 0.2 Los Angeles 3,853,323 3,819,538 -0.9 Lynwood 67,260 66,723 -0.8 Malibu 10,739 10,686 -0.5 Manhattan Beach 35,357 34,902 -1.3 Maywood 25,033 24,814 -0.9 Monrovia 37,809 37,563 -0.7 Montebello 62,180 61,622 -0.9 Monterey Park 60,814 60,207 -1.0 Norwalk 102,356 101,645 -0.7 Palmdale 168,895 167,398 -0.9 Palos Verdes Estates 13,116 12,980 -1.0 Paramount 53,009 52,477 -1.0 Pasadena 139,029 138,310 -0.5 Pico Rivera 61,827 61,442 -0.6 Pomona 148,879 149,766 0.6 Rancho Palos Verdes 41,878 41,468 -1.0 Redondo Beach 69,742 68,972 -1.1 Rolling Hills 1,703 1,684 -1.1 Rolling Hills Estates 8,283 8,289 0.1 Rosemead 50,823 50,511 -0.6 San Dimas 34,651 34,352 -0.9 San Fernando 23,520 23,519 0.0 San Gabriel 39,250 38,845 -1.0 San Marino 12,334 12,257 -0.6 Santa Clarita 228,084 228,835 0.3 Santa Fe Springs 18,568 18,763 1.1 Santa Monica 93,242 92,408 -0.9 Sierra Madre 10,959 10,865 -0.9 Signal Hill 11,702 11,597 -0.9 South El Monte 19,532 19,668 0.7 South Gate 92,783 93,259 0.5 South Pasadena 26,849 26,580 -1.0 Temple City 36,497 36,262 -0.6 Torrance 145,876 144,433 -1.0 Vernon 210 208 -1.0 Walnut 28,344 28,094 -0.9 West Covina 109,290 108,243 -1.0 West Hollywood 35,553 35,399 -0.4 Westlake Village 8,121 8,043 -1.0 Whittier 87,886 87,931 0.1 Balance of County 1,016,626 1,009,857 -0.7 Madera 156,385 157,396 0.6 Chowchilla 18,412 18,851 2.4 Madera 66,299 65,843 -0.7 Balance of County 71,674 72,702 1.4 Marin 259,512 257,135 -0.9 Belvedere 2,103 2,080 -1.1 Corte Madera 10,147 10,028 -1.2 Fairfax 7,496 7,418 -1.0 Larkspur 12,963 12,797 -1.3 Mill Valley 14,002 13,850 -1.1 Novato 53,008 52,441 -1.1 Ross 2,330 2,301 -1.2 San Anselmo 12,772 12,645 -1.0 San Rafael 61,179 60,560 -1.0 Sausalito 7,159 7,072 -1.2 Tiburon 9,065 8,956 -1.2 Balance of County 67,288 66,987 -0.4 Mariposa 17,066 17,045 -0.1 Mendocino 90,669 89,999 -0.7 Fort Bragg 7,064 7,153 1.3 Point Arena 446 443 -0.7 Ukiah 16,228 16,080 -0.9 Willits 4,959 4,920 -0.8 Balance of County 61,972 61,403 -0.9 Merced 281,874 284,338 0.9 Atwater 32,019 31,652 -1.1 Dos Palos 5,835 5,715 -2.1 Gustine 6,098 5,981 -1.9 Livingston 14,340 14,410 0.5 Los Banos 46,168 46,639 1.0 Merced 88,200 89,058 1.0 Balance of County 89,214 90,883 1.9 Modoc 8,606 8,690 1.0 Alturas 2,699 2,726 1.0 Balance of County 5,907 5,964 1.0 Mono 13,299 13,379 0.6 Mammoth Lakes 7,324 7,365 0.6 Balance of County 5,975 6,014 0.7 Monterey 435,721 433,716 -0.5 Carmel-by-the-Sea 3,095 3,041 -1.7 Del Rey Oaks 1,558 1,539 -1.2 Gonzales 8,492 8,340 -1.8 Greenfield 18,705 19,634 5.0 King City 13,476 13,331 -1.1 Marina 21,271 21,457 0.9 Monterey 28,347 28,082 -0.9 Pacific Grove 14,942 14,761 -1.2 Salinas 161,777 159,932 -1.1 Sand City 378 372 -1.6 13 E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022 Total Population Percent Total Population Percent JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change Seaside 31,113 32,068 3.1 Soledad 26,316 26,308 0.0 Balance of County 106,251 104,851 -1.3 Napa 137,518 136,179 -1.0 American Canyon 21,566 21,658 0.4 Calistoga 5,283 5,199 -1.6 Napa 78,246 77,480 -1.0 St Helena 5,521 5,437 -1.5 Yountville 2,942 2,829 -3.8 Balance of County 23,960 23,576 -1.6 Nevada 101,919 101,242 -0.7 Grass Valley 13,670 13,617 -0.4 Nevada City 3,386 3,334 -1.5 Truckee 17,035 17,100 0.4 Balance of County 67,828 67,191 -0.9 Orange 3,169,542 3,162,245 -0.2 Aliso Viejo 51,233 50,782 -0.9 Anaheim 344,604 341,245 -1.0 Brea 47,097 46,872 -0.5 Buena Park 83,968 83,430 -0.6 Costa Mesa 112,183 111,394 -0.7 Cypress 50,029 49,810 -0.4 Dana Point 33,053 32,943 -0.3 Fountain Valley 57,068 56,564 -0.9 Fullerton 141,974 142,732 0.5 Garden Grove 171,284 170,526 -0.4 Huntington Beach 197,616 196,100 -0.8 Irvine 301,254 310,250 3.0 Laguna Beach 22,862 22,706 -0.7 Laguna Hills 31,017 30,750 -0.9 Laguna Niguel 64,885 64,316 -0.9 Laguna Woods 17,670 17,514 -0.9 La Habra 62,317 61,792 -0.8 Lake Forest 86,406 86,775 0.4 La Palma 15,463 15,332 -0.8 Los Alamitos 11,895 11,873 -0.2 Mission Viejo 93,171 92,515 -0.7 Newport Beach 84,459 83,727 -0.9 Orange 137,534 137,676 0.1 Placentia 51,522 51,204 -0.6 Rancho Santa Margarita 47,703 47,279 -0.9 San Clemente 63,877 63,380 -0.8 San Juan Capistrano 34,907 34,798 -0.3 Santa Ana 311,340 308,459 -0.9 Seal Beach 25,002 24,846 -0.6 Stanton 38,284 39,275 2.6 Tustin 80,157 79,535 -0.8 Villa Park 5,834 5,782 -0.9 Westminster 90,812 90,393 -0.5 Yorba Linda 67,760 67,233 -0.8 Balance of County 133,302 132,437 -0.6 Placer 407,517 409,025 0.4 Auburn 13,795 13,608 -1.4 Colfax 2,016 2,042 1.3 Lincoln 50,422 51,252 1.6 Loomis 6,833 6,739 -1.4 Rocklin 71,644 71,663 0.0 Roseville 148,794 151,034 1.5 Balance of County 114,013 112,687 -1.2 Plumas 19,574 18,942 -3.2 Portola 2,027 2,042 0.7 Balance of County 17,547 16,900 -3.7 Riverside 2,424,587 2,435,525 0.5 Banning 30,629 30,877 0.8 Beaumont 54,313 54,690 0.7 Blythe 17,470 17,505 0.2 Calimesa 10,544 10,899 3.4 Canyon Lake 11,147 11,056 -0.8 Cathedral City 51,898 51,840 -0.1 Coachella 42,178 42,158 0.0 Corona 156,901 156,778 -0.1 Desert Hot Springs 32,546 32,569 0.1 Eastvale 70,444 69,929 -0.7 Hemet 89,823 89,646 -0.2 Indian Wells 4,771 4,762 -0.2 Indio 88,862 89,137 0.3 Jurupa Valley 105,415 105,384 0.0 Lake Elsinore 70,891 71,615 1.0 La Quinta 37,949 37,860 -0.2 Menifee 103,617 106,627 2.9 Moreno Valley 209,603 209,407 -0.1 Murrieta 111,671 111,183 -0.4 Norco 24,563 24,909 1.4 Palm Desert 50,976 50,889 -0.2 Palm Springs 44,570 44,397 -0.4 Perris 79,327 78,890 -0.6 Rancho Mirage 16,650 16,804 0.9 Riverside 312,789 317,847 1.6 San Jacinto 54,503 54,593 0.2 Temecula 110,394 109,925 -0.4 Wildomar 36,928 36,632 -0.8 Balance of County 393,215 396,717 0.9 Sacramento 1,580,624 1,576,618 -0.3 Citrus Heights 87,245 86,367 -1.0 14 E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022 Total Population Percent Total Population Percent JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change Elk Grove 176,769 176,972 0.1 Folsom 83,075 84,592 1.8 Galt 25,383 25,239 -0.6 Isleton 790 780 -1.3 Rancho Cordova 79,536 80,359 1.0 Sacramento 518,322 518,037 -0.1 Balance of County 609,504 604,272 -0.9 San Benito 64,769 65,479 1.1 Hollister 41,919 42,554 1.5 San Juan Bautista 2,120 2,093 -1.3 Balance of County 20,730 20,832 0.5 San Bernardino 2,182,343 2,187,665 0.2 Adelanto 36,569 36,357 -0.6 Apple Valley 76,160 75,628 -0.7 Barstow 25,405 25,202 -0.8 Big Bear Lake 5,054 5,041 -0.3 Chino 89,824 91,998 2.4 Chino Hills 78,437 77,964 -0.6 Colton 53,853 53,617 -0.4 Fontana 209,889 212,809 1.4 Grand Terrace 13,131 13,042 -0.7 Hesperia 100,225 100,324 0.1 Highland 56,915 56,546 -0.6 Loma Linda 25,310 25,349 0.2 Montclair 38,052 37,846 -0.5 Needles 4,915 4,876 -0.8 Ontario 176,689 179,516 1.6 Rancho Cucamonga 174,484 174,476 0.0 Redlands 72,933 72,585 -0.5 Rialto 104,050 103,954 -0.1 San Bernardino 222,024 220,840 -0.5 Twentynine Palms 27,486 27,685 0.7 Upland 78,891 79,139 0.3 Victorville 134,700 136,561 1.4 Yucaipa 54,830 54,494 -0.6 Yucca Valley 21,846 21,813 -0.2 Balance of County 300,671 300,003 -0.2 San Diego 3,288,503 3,287,306 0.0 Carlsbad 115,680 115,585 -0.1 Chula Vista 276,922 276,785 0.0 Coronado 22,611 22,277 -1.5 Del Mar 3,957 3,929 -0.7 El Cajon 106,447 105,638 -0.8 Encinitas 61,724 61,515 -0.3 Escondido 151,389 150,679 -0.5 Imperial Beach 26,448 26,243 -0.8 La Mesa 60,608 60,472 -0.2 Lemon Grove 27,422 27,242 -0.7 National City 61,755 61,471 -0.5 Oceanside 173,932 173,048 -0.5 Poway 48,850 48,759 -0.2 San Diego 1,371,832 1,374,790 0.2 San Marcos 92,958 93,585 0.7 Santee 59,146 59,015 -0.2 Solana Beach 12,909 12,812 -0.8 Vista 99,536 100,291 0.8 Balance of County 514,377 513,170 -0.2 San Francisco 849,475 842,754 -0.8 San Joaquin 782,372 784,298 0.2 Escalon 7,439 7,362 -1.0 Lathrop 29,384 31,331 6.6 Lodi 66,145 66,570 0.6 Manteca 84,995 86,859 2.2 Ripon 16,162 15,979 -1.1 Stockton 323,884 322,489 -0.4 Tracy 93,624 94,538 1.0 Balance of County 160,739 159,170 -1.0 San Luis Obispo 279,710 280,721 0.4 Arroyo Grande 18,533 18,294 -1.3 Atascadero 30,823 30,480 -1.1 El Paso de Robles 31,659 31,176 -1.5 Grover Beach 12,879 12,707 -1.3 Morro Bay 10,638 10,466 -1.6 Pismo Beach 8,095 7,981 -1.4 San Luis Obispo 47,541 47,653 0.2 Balance of County 119,542 121,964 2.0 San Mateo 751,596 744,662 -0.9 Atherton 6,806 6,718 -1.3 Belmont 27,587 27,203 -1.4 Brisbane 4,789 4,721 -1.4 Burlingame 30,699 30,283 -1.4 Colma 1,391 1,370 -1.5 Daly City 103,930 102,875 -1.0 East Palo Alto 29,423 28,963 -1.6 Foster City 33,325 33,056 -0.8 Half Moon Bay 11,462 11,308 -1.3 Hillsborough 11,110 11,018 -0.8 Menlo Park 33,509 33,034 -1.4 Millbrae 22,807 22,512 -1.3 Pacifica 38,088 37,533 -1.5 Portola Valley 4,355 4,289 -1.5 Redwood City 81,771 82,344 0.7 San Bruno 43,169 42,656 -1.2 San Carlos 30,207 29,837 -1.2 15 E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022 Total Population Percent Total Population Percent JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change San Mateo 104,719 103,779 -0.9 South San Francisco 65,090 64,492 -0.9 Woodside 5,271 5,212 -1.1 Balance of County 62,088 61,459 -1.0 Santa Barbara 443,674 445,164 0.3 Buellton 5,185 5,055 -2.5 Carpinteria 13,267 12,963 -2.3 Goleta 33,315 32,591 -2.2 Guadalupe 8,622 8,544 -0.9 Lompoc 44,044 43,845 -0.5 Santa Barbara 88,499 86,591 -2.2 Santa Maria 110,969 109,910 -1.0 Solvang 5,858 5,709 -2.5 Balance of County 133,915 139,956 4.5 Santa Clara 1,907,693 1,894,783 -0.7 Campbell 43,086 42,833 -0.6 Cupertino 59,884 59,610 -0.5 Gilroy 59,396 59,269 -0.2 Los Altos 31,651 31,526 -0.4 Los Altos Hills 8,414 8,400 -0.2 Los Gatos 33,193 33,062 -0.4 Milpitas 80,287 80,839 0.7 Monte Sereno 3,458 3,488 0.9 Morgan Hill 46,626 46,451 -0.4 Mountain View 83,128 83,864 0.9 Palo Alto 67,422 67,473 0.1 San Jose 991,144 976,482 -1.5 Santa Clara 129,122 130,127 0.8 Saratoga 30,772 30,667 -0.3 Sunnyvale 155,326 156,234 0.6 Balance of County 84,784 84,458 -0.4 Santa Cruz 266,553 266,564 0.0 Capitola 10,112 9,794 -3.1 Santa Cruz 57,594 64,075 11.3 Scotts Valley 12,407 12,049 -2.9 Watsonville 52,147 50,669 -2.8 Balance of County 134,293 129,977 -3.2 Shasta 182,020 180,531 -0.8 Anderson 11,181 11,088 -0.8 Redding 93,879 92,963 -1.0 Shasta Lake 10,318 10,237 -0.8 Balance of County 66,642 66,243 -0.6 Sierra 3,225 3,229 0.1 Loyalton 737 737 0.0 Balance of County 2,488 2,492 0.2 Siskiyou 43,931 43,830 -0.2 Dorris 859 847 -1.4 Dunsmuir 1,705 1,681 -1.4 Etna 684 674 -1.5 Fort Jones 694 684 -1.4 Montague 1,232 1,215 -1.4 Mount Shasta 3,247 3,204 -1.3 Tulelake 899 886 -1.4 Weed 2,826 2,828 0.1 Yreka 7,777 7,772 -0.1 Balance of County 24,008 24,039 0.1 Solano 449,964 447,241 -0.6 Benicia 26,995 26,656 -1.3 Dixon 19,094 19,083 -0.1 Fairfield 120,421 119,897 -0.4 Rio Vista 9,961 9,925 -0.4 Suisun City 29,266 28,896 -1.3 Vacaville 101,286 101,257 0.0 Vallejo 124,410 123,190 -1.0 Balance of County 18,531 18,337 -1.0 Sonoma 484,674 482,404 -0.5 Cloverdale 9,029 8,905 -1.4 Cotati 7,512 7,397 -1.5 Healdsburg 11,174 11,030 -1.3 Petaluma 59,756 58,945 -1.4 Rohnert Park 44,287 43,998 -0.7 Santa Rosa 177,396 175,775 -0.9 Sebastopol 7,520 7,489 -0.4 Sonoma 10,755 10,779 0.2 Windsor 26,134 25,942 -0.7 Balance of County 131,111 132,144 0.8 Stanislaus 551,737 549,466 -0.4 Ceres 48,762 48,386 -0.8 Hughson 7,495 7,495 0.0 Modesto 218,745 217,880 -0.4 Newman 12,326 12,244 -0.7 Oakdale 23,110 23,071 -0.2 Patterson 23,839 24,370 2.2 Riverbank 24,735 24,583 -0.6 Turlock 71,734 71,531 -0.3 Waterford 8,944 8,872 -0.8 Balance of County 112,047 111,034 -0.9 Sutter 98,908 99,145 0.2 Live Oak 9,191 9,394 2.2 Yuba City 69,614 69,663 0.1 Balance of County 20,103 20,088 -0.1 16 E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2021 and 2022 Total Population Percent Total Population Percent JURISDICTION 1/1/21 1/1/22 Change JURISDICTION 1/1/21 1/1/22 Change Tehama 65,374 65,052 -0.5 Corning 8,157 8,100 -0.7 Red Bluff 14,698 14,605 -0.6 Tehama 427 424 -0.7 Balance of County 42,092 41,923 -0.4 Trinity 16,050 16,023 -0.2 Tulare 474,032 475,014 0.2 Dinuba 24,872 25,127 1.0 Exeter 10,305 10,257 -0.5 Farmersville 10,308 10,239 -0.7 Lindsay 12,624 12,566 -0.5 Porterville 62,515 62,345 -0.3 Tulare 69,229 69,462 0.3 Visalia 141,279 142,091 0.6 Woodlake 7,513 7,648 1.8 Balance of County 135,387 135,279 -0.1 Tuolumne 54,791 55,291 0.9 Sonora 5,121 5,144 0.4 Balance of County 49,670 50,147 1.0 Ventura 840,093 833,652 -0.8 Camarillo 70,739 70,171 -0.8 Fillmore 16,681 16,469 -1.3 Moorpark 35,821 35,399 -1.2 Ojai 7,523 7,466 -0.8 Oxnard 200,480 200,050 -0.2 Port Hueneme 22,188 21,599 -2.7 San Buenaventura 109,821 108,231 -1.4 Santa Paula 30,629 30,892 0.9 Simi Valley 126,478 124,985 -1.2 Thousand Oaks 125,995 124,592 -1.1 Balance of County 93,738 93,798 0.1 Yolo 217,237 221,165 1.8 Davis 66,687 64,869 -2.7 West Sacramento 53,776 52,837 -1.7 Winters 7,399 7,422 0.3 Woodland 60,999 60,137 -1.4 Balance of County 28,376 35,900 26.5 Yuba 81,988 82,275 0.4 Marysville 13,003 12,824 -1.4 Wheatland 3,708 3,664 -1.2 Balance of County 65,277 65,787 0.8 17 Top 10 Cities Based on Housing Unit Growth Total Numeric Housing Unit Growth Rank City County Total HU 1 Los Angeles Los Angeles 14,493 2 San Diego San Diego 6,378 3 San Francisco San Francisco 4,497 4 Oakland Alameda 3,551 5 Irvine Orange 2,775 6 Bakersfield Kern 2,209 7 Roseville Placer 1,892 8 Sacramento Sacramento 1,698 9 Fresno Fresno 1,644 10 Fremont Alameda 1,642 Numeric Single-Family Housing Unit Growth Rank City County Total HU 1 Bakersfield Kern 1,544 2 Los Angeles Los Angeles 1,500 3 Menifee Riverside 1,425 4 Roseville Placer 1,414 5 Irvine Orange 1,361 6 Fresno Fresno 1,230 7 Clovis Fresno 1,112 8 Sacramento Sacramento 903 9 Ontario San Diego 862 10 Lathrop San Joaquin 821 Numeric Multi-Family Housing Unit Growth Rank City County Total HU 1 Los Angeles Los Angeles 12,993 2 San Diego San Diego 5,628 3 San Francisco San Francisco 4,596 4 Oakland Alameda 3,494 5 Fremont Alameda 1,561 6 Irvine Orange 1,414 7 Long Beach Los Angeles 1,184 8 San Jose Santa Clara 1,091 9 Sacramento Sacramento 795 10 Sunnyvale Santa Clara 686 18 Percent Total Housing Unit Growth Rank City County Total HU 1 Paradise Butte 23.36% 2 Lathrop San Joaquin 10.07% 3 Greenfield Monterey 9.71% 4 Imperial Imperial 5.27% 5 Ione Amador 4.99% 6 Kerman Fresno 4.52% 7 Firebaugh Fresno 4.37% 8 Calimesa Riverside 4.29% 9 Patterson Stanislaus 3.88% 10 Menifee Riverside 3.87% Percent Single-Family Housing Unit Growth Rank City County Total HU 1 Paradise Butte 21.46% 2 Lathrop San Joaquin 10.97% 3 Firebaugh Fresno 6.25% 4 Calimesa Riverside 6.11% 5 Greenfield Monterey 5.66% 6 Ione Amador 5.46% 7 Winters Yolo 4.46% 8 Menifee Riverside 4.31% 9 Colfax Placer 4.27% 10 Kerman Fresno 4.19% Percent Multi-Family Housing Unit Growth Rank City County Total HU 1 Atherton San Mateo 80% 2 Los Altos Hills Santa Clara 44.44% 3 American Canyon Napa 38.59% 4 Hillsborough San Mateo 29.79% 5 Patterson Stanislaus 29.68% 6 Greenfield Monterey 26.67% 7 San Marino Los Angeles 20% 8 Danville Contra Costa 14.66% 9 Lakeport Lake 14.18% 10 Holtville Imperial 13.95% 19 1 ADMINISTRATIVE CODE OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ARTICLE I PURPOSE The Riverside County Transportation Commission is charged with the responsibility of carrying out the purposes and directives of the Legislature as provided for in the County Transportation Commission Act (Division 12, commencing with Section 130000 of the Public Utilities Code). Section 130105 of the Public Utilities Code requires the Commission to adopt an administrative code by ordinance. ARTICLE II MEMBERSHIP A.POWERS OF COMMISSION. Subject to the powers and limitations as provided by law and these rules, all powers of the Commission shall be exercised, its property controlled and its affairs conducted by its Commission. B.REGULAR MEMBERS. The Commission shall consist of 34 regular members appointed as follows: 1.The five members of the Riverside County Board of Supervisors. 2.One member appointed by each of the member cities, which member shall be either a member of that city’s City Council or its Mayor. 3.One non-voting member appointed by the Governor. 20 ATTACHMENT 2 2 C. ALTERNATE MEMBERS. 1. The Riverside County Board of Supervisors shall establish a procedure by which a member of that board may appoint an alternate member of the Board of Supervisors to represent the member for one meeting of the Riverside County Transportation Commission. Notice of the alternate appointment shall be made in writing to the Clerk of the Board 24 hours prior to the meeting. 2. Each incorporated city in Riverside County shall appoint one alternate member to the Commission who shall represent the regular member of the Commission who serves on behalf of the city, if the regular member is not in attendance at a meeting. Notice of the alternate appointment shall be made in writing to the Clerk of the Board 24 hours prior to the meeting. If an incorporated city appoints an alternate member, the alternate member shall be either the mayor or a city council member of that incorporated city. D. VOTING RIGHTS. Except when a weighted vote is called, each regular member of the Commission, and each alternate member when acting in the place of a regular member, shall have one vote at meetings of the Commission. Except for the delegation of votes provided in Section C, above, there shall be no voting by proxy. E. VACANCIES. Any vacancy in the office of regular or alternate member, whether because of death, incapacity, resignation, loss of underlying office, removal or otherwise, shall be filled by the appointing authority for such member. F. RESIGNATION. Any regular or alternate member may resign at any time by giving written notice of such resignation to the Clerk of the Board. Such resignation shall be effective at the time specified; acceptance of such resignation shall not be necessary to make it effective. 21 3 G. REMOVAL. Any regular or alternate member may be removed, with or without cause stated, by the authority responsible for his or her appointment. H. COMPENSATION. Unless prohibited by law from accepting compensation, each regular and alternate member of the Commission shall be compensated at the rate of One Hundred Dollars ($100) for any day attending to the business of the Commission, but not to exceed Four Hundred Dollars ($400) in any month, along with necessary traveling and personal expenses incurred in the performance of his or her duties as authorized by the Commission. An alternate member may receive compensation only for attendance at a meeting where a regular member is absent for all or part of the meeting. For purposes of this section, “attending to the business of the Commission” means: 1. Attendance at meeting of the Commission. 2. Attendance at committee meetings of the Commission if attending as a member of such committee. 3. Attendance at activities and events for the purpose of representing the Commission when such attendance is formally requested by the Commission or the Chair of the Commission. 4. Attendance at project-related events, e.g., groundbreakings, ribbon cuttings, etc. for Commission-financed or sponsored projects. ARTICLE III ADMINISTRATION A. IN GENERAL. The Officers of the Commission shall consist of the Chair, a Vice Chair, and a Second Vice Chair, all of whom shall be regular members of the Commission, an Executive Director, a General Counsel, Fiscal Officer, and other such officers as the Commission may deem necessary. 22 4 B. ELECTION OF CHAIR, VICE CHAIR AND SECOND VICE CHAIR. The Commission annually, at its first meeting in December, and at such other times as there may be a vacancy in either office, shall elect a Chair who shall preside at all meetings, a Vice Chair who shall preside in the absence of the Chair, and a Second Vice Chair who shall preside in the absence of the Chair and the Vice Chair. The Chair, the Vice Chair, and the Second Vice Chair shall be elected by the Commission at its first meeting in December or as soon thereafter as practical for a one-year term. The changes will be effective on January 1. The election for each position is as follows: 1. At the start of the agenda item, Commission Board members may nominate one or more regular members to fill the positions of Chair, Vice Chair, and Second Vice Chair. Each nomination must be seconded in order to qualify that member for the election. Only those members nominated and seconded shall be part of the selection process set forth below. 2. If no objections are made, the nominations will be closed when the Chair makes a formal announcement closing the nomination period. 3. If only one nomination is received for a position, the Chair shall call on the Commission’s Board of Director’s to approve the nomination. If more than fifty (50%) percent of the votes cast approve that nominee, the nominee shall be elected and the election for that position shall be consider complete. If the nominee fails to obtain more than fifty percent (50%) of votes cast by the Board, the process for electing a member to the desired position shall begin again from paragraph 1. 4. If two nominations are received for a position, the Chair shall call for the Commission’s Board of Director’s to cast votes for one of the nominees. Both nominees shall be voted on using a single written ballot. If 23 5 one of the nominees receives more than fifty percent (50%) of the votes cast, that nominee shall be elected and the election for that position shall be considered complete. If the election fails to result in a nominee with more than fifty percent (50%) of the vote, the nominee with the most votes will be placed before the Commission’s Board of Directors for approval. The nominee must be approved by more than fifty percent (50%) of the votes cast by the Board in order to be elected to the desired position. If the nominee fails to obtain more than fifty percent (50%) of the Board’s vote, the process for electing a person to the desired position shall begin again from paragraph 1. 5. If there are more than two nominees, the following steps shall be followed in the order set forth below: (a) The Chair shall call for the Commission’s Board of Directors to cast votes for one of the nominees. All nominees shall be voted on using a single written ballot. A “written” ballot can be either physical or digital. If one nominee receives more than fifty percent (50%) of the votes cast that nominee shall be elected and the election for that position shall be considered complete. If the vote fails to result in a nominee receiving more than fifty percent (50%) of the votes cast, the two nominees with the most votes will be placed in a runoff election. (b) The winning nominee in the runoff election is selected if that nominee receives more than fifty percent (50%) of the votes cast. In that case, the election for that position shall be considered complete. (c) If the runoff election fails to result in a nominee with more than fifty percent (50%) of the vote, the nominee with the most votes 24 6 will be placed before the Commission’s Board of Directors for approval. (d) If the nominee receives more than fifty percent (50%) of the votes cast, the nominee shall be elected and the election for that position shall be considered complete. (e) If the nominee placed before the Commission’s Board of Directors fails to obtain more than fifty percent (50%) of the votes cast, the process for electing a person to the desired position shall begin again from Paragraph 1, above (f) If there is a tie in any step in the election process and the next step of the process cannot proceed, then one or more tie-breaking votes will occur in which all members of the Commission’s Board of Directors present at the meeting will be allowed to vote again. The winning nominee must receive more than fifty percent (50%) of the votes cast to be elected. At any point the Commission may vote to suspend the vote until a subsequent meeting. If the Chair has been selected prior to the vote to suspend, the new Chair shall be seated when his or her term commences, but shall relinquish his or her seat as the Vice Chair if applicable. If the Chair and Vice Chair have been selected prior to the vote to suspend, the new Vice Chair shall also seated when his or her term commences, but shall relinquish his or he seat as Second Vice Chair, if applicable. The tally of all votes taken by written ballot hereunder shall be read aloud by the Clerk of the Board immediately following the vote. The written ballots whether physical or digital shall be retained by the Clerk of the Board as part of the public record of the meeting. 25 7 The Chair, the Vice Chair, and the Second Vice Chair shall regularly alternate between regular members of the Commission representing a city and a regular member of the Commission who is a member of the Riverside County Board of Supervisors. At all times, at least one of three officer slots – Chair, Vice Chair, or Second Vice Chair – shall be held by a member of the Riverside County Board of Supervisors. During the time in which the Chair is a regular member of the Commission representing a city, either the Vice Chair or the Second Vice Chair, or both, shall be a regular member of the Commission who is a member of the Riverside County Board of Supervisors. During the time in which the Chair is a regular Commission member who is a member of the Riverside County Board of Supervisors, either the Vice Chair or the Second Vice Chair, or both, shall be a regular member of the Commission representing a city in order to ensure the participation of both city and county representatives in leadership positions. C. C. REMOVAL OF OFFICERS. The Chair, the Vice Chair and the Second Vice Chair may be removed by the affirmative vote of a majority of the Commission. Voting on removal shall take place no sooner than at the next regular meeting following the meeting at which the motion to remove officers was introduced. D. DUTIES OF VARIOUS OFFICERS. 1. Duties of Chair. The Chair shall, if present, preside at all meetings of the Commission and shall exercise and perform such other powers and duties as may be from time to time assigned to him or her by the Commission or prescribed herein or by other official action of the Commission. In any case in which the execution of a document or the performance of an act is directed, the Chair, unless the act of the Commission otherwise provides, is empowered to execute such document or perform such act. At the beginning of the calendar year, the Chair shall make 26 8 appointments to standing committees, ad hoc committees and outside agencies that require the representation of RCTC by a Commissioner. Appointment terms are of a one-year duration and removal of a Commissioner from a committee assignment prior to the end of the one-year term requires approval of the Executive Committee. 2. Duties of the Vice Chair. The Vice Chair shall perform the duties of the Chair in his or her absence. When so acting, the Vice Chair shall have all the powers of and be subject to all the restrictions upon, the Chair. 3. Duties of Second Vice Chair. The Second Vice Chair shall perform the duties of the Chair in the absence of the Chair and the Vice Chair. When so acting, the Second Vice Chair shall have all the powers of and be subject to all the restrictions upon the Chair. 4. Chair Pro Tempore. In the event of the absence or inability to act of the Chair, Vice Chair, or Second Vice Chair, the Commission, by motion passed by majority vote, shall select one of its members to act as Chair Pro Tempore, who, while so acting, shall have all of the authority of the Chair. 5. Duties of Executive Director. The Executive Director shall be a full-time officer of the Commission. The appointment and employment of the Executive Director shall be overseen by the Executive Committee pursuant to Section III.G.3.(a), below. The powers and duties of the Executive Director are: (a) To administer the personnel system, including contract employees of the Commission. (b) To administer all contracts. (c) To cause to be prepared by a Certified Public Accountant and to submit to the Commission as soon as practical after the end of 27 9 each fiscal year a post-audit of the financial transactions and records of the Commission for the preceding year. (d) To keep the Commission advised as to the needs of the Commission. (e) To have full charge of the administration of the business affairs of the Commission. (f) To see that all ordinances, rules and regulations, motions, or resolutions are enforced. (g) To provide for the secretarial services required by the Commission including keeping a book of minutes of all meetings of the Commission, giving notice of all meetings as may be required by law or action of the Commission, and such other duties as may be prescribed by ordinance or resolution of the Commission. (h) The Executive Director is authorized to take any or all of the following actions in relation to regular employees of the Commission: (1) To hire employees at the appropriate salary range as determined by the Commission. (2) To promote, transfer, suspend with or without pay, or discharge any employee. (3) To notify the Commission of such actions at appropriate intervals. (i) The Executive Director is authorized to make disbursements of funds of the Commission consistent with the annual budget of the Commission. He or she shall have such other duties, powers and responsibilities as may from time to time be assigned by 28 10 the Commission. The compensation of the Executive Director shall be pursuant to written contract with the Commission. (j) The Executive Director, or his or her designee, has the discretionary authority of approval overall project designs or plans for construction and the construction of all projects by the Commission as set forth herein, unless the Commission finds otherwise. 6. Duties of General Counsel. The General Counsel shall be a person admitted to practice law by the Supreme Court of California or a firm comprised of same, and shall have been actively engaged in the practice of law for not less than five years preceding appointment. The General Counsel shall represent and advise the Commission in all legal matters, actions, or proceedings in which the Commission is concerned, or interested, or is a party. 7. Duties of Chief FinancialFiscal Officer. The Chief FinancialFiscal Officer, under the general direction of the Executive Director, shall be the custodian of funds received from the Commission from whatever source. The Chief FinancialFiscal Officer shall act as and hold the title of treasurer of the Commission for purposes of Government Code section 53630, et. seq., and any similar statutory provisions that refer to the treasurer of a local agency. The Fiscal Officer shall act as and hold the title of auditor/controller of the Commission for purposes of debt issuance. The Fiscal Officer shall be a full-time employee of the Commission and shall: (a) Receive and receipt for all money of the Commission and place it in the Commission treasury. (b) Draw warrants to pay demands against the Commission when the demands have been duly and regularly signed by the Executive Director. 29 11 (c) Prepare or cause to be prepared a report in writing on a quarterly basis each year to the Commission detailing investments held, and a summary of budget to actuals since the last report. (d) Keep a full and complete record of all financial transactions and records of the Commission. He or she shall have such other duties and responsibilities as may from time to time be assigned to the Fiscal Officer by the Commission. E. EMPLOYEES. All employees other than independent contractors, shall be subject to the control and supervision of the Executive Director. Compensation of employees shall be as provided for from time to time by the Commission and/or the Executive Committee. F. APPOINTMENT OF ADVISORY COMMITTEES. 1. Social Services Transportation Advisory Council/Citizens' Advisory CommitteeCitizens and Specialized Transit Advisory Committee (‘CSTAC”). (a) Membership. There is hereby created the Social Services Transportation Advisory Council Citizens and Specialized Transit Advisory Committee (“CSTAC”). This committee shall serve as the Social Services Transportation Advisory Council as required by Public Utilities Code ("PUC") Section 99238. This committee shall also serveand as the Citizens’ Advisory Committee pursuant to PUC Section 130105. The Social Services Transportation Advisory Council and the Citizens’ Advisory Committee shall hereinafter be referred to collectively as the "Committee." The Committee CSTAC shall consist of up to fifteen (15) members appointed by the Commission, in the 30 12 manner provided by the Commission. Pursuant to PUC Section 99238, the CSTACommittee shall include the following members: (1) One (1) representative of potential transit users who is 60 years of age or older; (2) One (1) representative of potential transit users who is handicappeddisabled; (3) Two (2) representatives of the local social service providers for seniors, including one representative of a social service transportation provider, if one exists; (4) Two (2) representatives of local social service providers for the handicappeddisabled, including one representative of a social service transportation provider, if one exists; (5) One (1) representative of a local social service provider or persons of limited means; and (6) Two (2) representatives from the local consolidated transportation service agency designated pursuant to subdivision (a) of Section 15975 of the Government Code, if on exists, including one representative from an operator, if one exists. All members of the Committee CSTAC shall be selected so as to reflect a broad spectrum of interests and the Commission shall strive to attain both minority representation and representation from all geographic areas of the County. Committee CSTAC members shall serve at the will and pleasure of their nominating authority and the Commission.. The Commission has the discretion to dismiss any CSTAC members for any reason, including if the individual fails to 31 13 participate in two (2) consecutive CSTAC meetings. The Commission shall appoint and renew individuals to the CSTAC for three (3) year terms. (b) Function. Subject to the supervision of the Commission, the Committee CSTAC shall also consult on and obtain and collect public input on those matters of interest and concern to the Commission that may from time to time be assigned to the Committee CSTAC by the Commission for its review, comments and recommendation. (c) Meeting. The Commission shall call the first meeting and may call subsequent meetings of the CommitteeCSTAC, setting the time and place of said meeting(s) and designating the agenda from any meetings so called. The Chair of the CommitteeCSTAC, elected pursuant to this Section G.(1)(f) below, may also call meetings of the CSTACommittee, setting the time, place, and agenda for such meetings. The CSTACommittee may also hold subcommittee meetings of any subcommittees it establishes. (d) Assistance. The staff of the Commission shall be available to aid the Committee CSTAC in its work. (e) Compensation. Members of the Committee CSTAC shall serve without compensation. (f) Officers. The Committee CSTAC shall elect a Chair and Vice Chair from the members thereof, each of whom shall serve for one (1) year, and thereafter until his or her successor is elected. Secretarial services shall be provided by the Commission staff. 2. Technical Advisory Committee. 32 14 (a) Membership. There is hereby created the Technical Advisory Committee. The Committee shall consist of members selected as follows: (1) One (1) member representing the County of Riverside. (2) One (1) member representing each City in the County which designates such a representative. (3) One (1) member representing the Riverside Transit Agency. (4) One (1) member representing the Western Riverside Council of Governments. (5) One (1) member representing the Coachella Valley Association of Governments. (6) The District Director of Caltrans District 8 or designee. (7) One (1) member representing the SunLine Transit Agency. (8) One (1) member representing the Palo Verde Valley Transit Agency. Committee members shall serve at the will and pleasure of their appointing authority and the Commission. An alternate may be named by each appointee to represent him or her in his or her absence. (b) Function. Subject to the supervision of the Commission, the Committee shall provide technical assistance to the Commission by reviewing and evaluating the various transportation proposals and alternatives within Riverside County. The Committee shall review, comment upon, and make recommendations on such matters as are 33 15 referred to it by the Commission, including all matters relating to the programming of federal funds apportioned to the Riverside County and allocated by the Commission. (c) Meetings. In the dispatch of its responsibilities, the Committee may conduct meetings, may appoint subcommittees to include regular members and/or alternate members, and engage in such related activities as it deems necessary. Subcommittees shall not be composed of a regular and alternate member who represents the same jurisdiction. (d) Compensation. Members of the Committee shall serve without compensation. (e) Officers. The Committee shall elect a Chair and Vice Chair from the members thereof, each of whom shall serve for two (2) years and thereafter until his or her successor is elected. Committee support shall be provided by the Commission staff. (f) Voting. Each member of the Committee shall have one (1) vote, except the county of Riverside member shall have three (3) votes and the Transportation Planning Director of the Southern California Association of Governments shall be a non-voting member. (g) Quorum. A quorum shall be a majority of the voting members. All actions of the Committee shall require a majority of the votes cast. 3. Other Advisory Committees. (a) Standing Committees. The Commission may appoint such other standing committees as it deems necessary. The Commission shall determine the membership of such committees from among the regular members of the Commission, and shall 34 16 specify the functions, duties, responsibilities, and terms of service. The Commission shall give due consideration to recommendations, advice or proposals received from Advisory Committees but shall not be bound thereby. (b) Ad Hoc Committees and Representative Appointments. The Chair may create and appoint ad hoc committees as necessary to provide direction and advice to the Chair, Commissioners or Commission staff. In addition, the Chair shall appoint Commission representatives to the Southern California Regional Rail Authority, the Route 91 Advisory Committee, the MSRC, and other agencies or organizations of which the Commission is a member or party. Ad hoc committee members and representatives shall be appointed from among the regular Commission members. G. COMMITTEES OF THE COMMISSION. 1. The following Committees of the Commission are hereby created: (a) The Budget and Implementation Committee. This Committee shall be composed of up to fifteen (15) regular members of the Commission selected by the Chair, with at least nine (9) members being Western Riverside County regular members of the Commission and at least four (4) members being Eastern Riverside County regular members of the Commission. For the purposes of this subsection (a), the Fifth District Supervisor shall be considered a Western Riverside County member. Subject to supervision by the Commission, the jurisdiction of the Committee shall be as follows: annual budget development and oversight, competitive state and federal grant programs, countywide communications and outreach programs, 35 17 countywide strategic plan, legislation, short range transit plans (SRTP), and other areas as may be prescribed by the Commission. Meetings shall be held at 9:30 a.m. on the fourth Monday of the month at thewith its principal location at the offices of the Commission, unless otherwise determined by the Committee or the Commission. During a declared state of emergency the meeting may be held at another location, including virtually, as authorized by law or executive order. At any regular meeting not yet convened because of the lack of a quorum, the committee members who are present may constitute themselves a “Committee of the Whole”, for purposes of discussing agenda matters or any other matter of interest to the members present. The Committee of the Whole may act to take recommendations to the Commission but may take no final actions. Any recommendation presented to the Commission from a Committee of the Whole and not the whole committee and should state the number of votes for, against and abstaining in reference to the recommendation. The Committee shall automatically cease to exist if a quorum of the Commission is present at the meeting. (b) Western Riverside County Programs and Projects Committee. The Western Riverside County Programs and Projects Committee shall be composed of up to twelve (12) Western Riverside County regular members of the Commission selected by the Chair. Subject to supervision by the Commission, the jurisdiction of the Committee shall be to provide policy direction on transportation programs and projects that impact Western Riverside County. The subject matter may include, but is not limited to: air quality, capital projects, communications and outreach programs, specific 36 18 transit projects, intermodal programs, motorist services, new corridors, regional agencies/regional planning, Regional Transportation Improvement Program (RTIP), State Transportation Improvement Program (STIP), and Transportation Uniform Mitigation Fee (TUMF) Program related to Western Riverside County, and other areas as may be prescribed by the Commission. Meetings shall be held at 1:30 p.m. on the fourth Monday of the month with its principal location at the offices of the Commission unless otherwise directed by the Committee or the Commission. During a declared state of emergency the meeting may be held at another location, including virtually, as authorized by law or executive order. At any regular meeting not yet convened because of the lack of a quorum, the committee members who are present may constitute themselves a “Committee of the Whole,” for purposes of discussing agenda matters or any other matter of interest to the members present. The Committee of the Whole may act to take recommendations to the Commission but may take no final actions. Any recommendation presented to the Commission from a Committee of the Whole and not the whole committee should state the number of votes for, against and abstaining in reference to the recommendation. The Committee shall automatically cease to exist if a quorum of the Commission is present at the meeting. (c) Toll Policy and Operations Committee. The Toll Policy and Operations Committee shall be composed of up to eleven (11) regular members of the Commission selected by the Chair. Subject to supervision by the Commission, the jurisdiction of the Committee shall be as follows: policies involving the Commission’s toll facilities, setting tolls or rates, considering contracts with vendors working on the toll program, statewide and federal legislative issues regarding 37 19 tolling, outreach and marketing of the toll facilities, interactions with neighboring jurisdictions regarding toll matters, user-based funding programs and future opportunities for toll facility development in Riverside County. Meetings shall be held at 11:00 a.m. on the fourth Thursday of February, May, August and Novemberas needed with its principal location at the offices of the Commission, unless otherwise determined by the Committee or the Commission. During a declared state of emergency the meeting may be held at another location, including virtually, as authorized by law or executive order. At any regular meeting not yet convened because of the lack of a quorum, the committee members who are present may constitute themselves a “Committee of the Whole”, for purposes of discussing agenda matters or any other matter of interest to the members present. The Committee of the Whole may act to take recommendations to the Commission but may take no final actions. Any recommendation presented to the Commission from a Committee of the Whole and not the whole committee and should state the number of votes for, against and abstaining in reference to the recommendation. The Committee shall automatically cease to exist if a quorum of the Commission is present at the meeting. 2. In the performance of their duties and responsibilities, the Committees in subsection 1 above shall submit all policy matters coming before them to the Commission for final consideration. Formatted: Indent: Left: 0" 38 20 3. Executive Committee. (a) Executive Committee. There shall be created an Executive Committee. Subject to supervision by the Commission, the Executive Committee shall oversee staff functions; recommend staff positions, job descriptions and salaries; appoint, contract with and determine the compensation of the Executive Director; discipline, review and terminate the Commission’s Executive Director; and oversee administration of the Commission’s office. Decisions of the Committee shall be final unless a member of the Commission, within five (5) days of the date of the decision, requests that the decision be placed on the agenda of the next regular Commission meeting for reconsideration. Meetings of the Committee shall be held at 9:00 a.m. on the day of the Commission meeting or as otherwise required and at a place and time to be set by the Executive Committee, unless otherwise directed by the Commission. (b) The membership of the Executive Committee shall be as follows: (1) The Chair of the Commission. (2) The Vice Chair of the Commission. (3) The Second Vice Chair of the Commission. (4) The Past Chair of the Commission. (5) Two regular members of the Commission representing the cities of Corona, Jurupa Valley, Moreno Valley, Menifee, Murrieta, Riverside, and Temecula. (6) A regular member of the Commission representing one of the following cities: Banning, Beaumont, Calimesa, Canyon Lake, Eastvale, Hemet, Lake Elsinore, Menifee, Norco, Perris, San Formatted: Indent: Left: 1", First line: 0.5" 39 21 Jacinto, and Wildomar. Such member shall be appointed by majority vote of the members representing the cities referenced in the previous sentence. (7) A regular member of the Commission representing the following cities: Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage. Such member shall be appointed by a majority vote of the members representing the cities referenced in the previous sentence. (8) Three members of the Commission who are members of the Riverside County Board of Supervisors. Such members shall be appointed by the Board of Supervisors. (c) Actions of the Executive Committee shall require six (6) affirmatives "yes" votes. (d) The term of the Executive Committee members, other than the Chair, and Vice Chair and the Second Vice Chair shall be two (2) years. At the end of their two-year term, Executive Committee members shall stand for reappointment as set forth in Section G.3(b). (e) A member of the Executive Committee may be removed by majority vote of the Commission members responsible for his or her appointment. In the event of a vacancy in the Executive Committee, the vacancy shall be filled as set forth in Section G.3(b) above. The new member shall fill out the remainder of the term. (f) An alternate member of the Commission, as appointed in Article II.C.2, shall not assume the duties of the regular member on the Executive Committee when the regular member is absent. In addition, should a member of the Executive Committee resign or otherwise leave the 40 22 Commission, the vacancy shall be filled as set forth in Section G.3(b), above. The new member shall serve the remainder of the unexpired term. (g) Amendments to this Administrative Code may be approved by the Executive Committee, subject to review by the Commission as set forth in Section G.3(a) above. 4. The Commission’s Committees are authorized to establish rules of procedure relating to the activities and functions of the respective Committee, including the creation of subcommittees of committee members. 5. Appointments made by the Chair shall be for a one-year term ending on December 31 of the year in which the appointments are made. In the event the Chair wishes to remove a Commissioner (“Appointee”) appointed during the term of the appointment, the following steps shall be taken: (a) The Chair shall provide Appointee with written notice of the Chair’s decision to remove the Appointee from the appointment. (b) The notice shall be provided in writing to the Appointee through the Commission’s Clerk of the Board and shall include a brief statement of why removal is sought, which reason may include, without limitation, three or more consecutive absences of committee meetings. The notice shall be delivered to the email address, if any, provided by Appointee as well as by first class mail to the Clerk of the City/County appointing Appointee to the Commission and the Appointee’s mailing address. (c) The removal shall be effective on the 15th day after the Commission’s Clerk of the Board sends notice to Appointee unless Appointee provides notice to the Commission’s Clerk of the Board, prior to the expiration of such 15 day period, of his or her desire to contest the removal. 41 23 (d) In the event that the removal is contested, the removal shall be stayed and the Executive Director shall schedule an Executive Committee meeting at which both the Chair and Appointee may present their arguments for and against removal. Based thereon, the Executive Committee shall either uphold or reject the removal. The decision of the Executive Committee shall be final. (e) If the removal is not contested or approved by the Executive Committee, the Chair may appoint a Commission member to fill the remainder of the Appointee’s term. (f) This Section G.5 shall only apply to appointments made by the Chair to 1) the Budget and Implementation Committee as defined under SectionG.1(a); 2) the Western Riverside County Programs and Projects Committee as defined under Section G.1(b)(1); the Toll Policy and Operations Committee as defined under Section G.1(c) and 3) Representative Appointments as defined under Section .F.3(b). ARTICLE IV MEETINGS A. AGENDA. Matters to be placed on the Agenda for any regular meeting may be filed with the Executive Director of the Commission by any member of the Commission by the Thursday before such regular meeting. The Agenda for each regular meeting shall be prepared under the direction of the Executive Director. The Executive Director shall cause copies of the Agenda to be mailed or delivered to each regular and alternate member and the General Counsel at least three (3) working days prior to the regular meeting date. 42 24 B. REGULAR MEETING. Regular meetings of the Commission shall be held with its principal location at 4080 Lemon Street, Riverside, California in the Board of Supervisors Chambers or at such other location set in public meeting by the Commission on the second Wednesday of each month at 9:30 a.m. unless such day is a holiday, in which case the meeting shall be held on the next business day. During a declared state of emergency the meeting may be held at another location, including virtually, as authorized by law or executive order. Regular meetings may be canceled by majority vote of the Commission at a regular or special meeting prior to the meeting to be canceled. A regular meeting may also be canceled by the Chair for lack of a quorum. The Executive Director shall endeavor to mail or deliver notice of such cancellation to each regular member and alternate member at least twenty-four (24) hours prior to the time of the meeting. C. SPECIAL MEETINGS. A special meeting of the Commission may be called at any time by the Chair, or in his or her absence by the Vice Chair or in the absence of the Chair and the Vice Chair by the Second Vice Chair, or by any sixteen (16) regular members by delivering personally or by mail written notice to the Executive Director and each regular and alternate member. Such notice shall be so delivered at least twenty-four (24) hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be transacted at such meeting. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Executive Director a written waiver of notice. Such waiver may be given by telegram or fax. Such written notice may also be dispensed with as to any regular or alternate member who is actually present at the meeting at the time it convenes. The meeting shall be posted as provided by law. 43 25 D. POSTING OF AGENDAS. The Commission shall post agendas of all regular meetings, containing a brief general description of each item of business to be transacted or discussed at the meeting, at least seventy-two (72) hours before such regular meeting. The agenda shall specify the time and location of the meeting and shall be posted in a location freely accessible to members of the public and at such other locations as required by law. No action shall be taken on any item not appearing on such posted agendas, except as permitted by state law. E. QUORUM AND VOTING REQUIREMENTS. Seventeen (17) members of the Commission shall constitute a quorum for the transaction of business. Unless otherwise required by law or this Administrative Code, all official acts of the Commission shall require the affirmative vote of a majority of the members of the Commission voting on the matter. F. WEIGHTED VOTING. Notwithstanding subdivision E above, any member of the Commission, immediately after a vote of the Commission in accordance with subdivision E, may call for a weighted vote. For an item to be passed by weighted vote, all of the following requirements shall be met: (a) The item shall be approved by a majority of the Commission members present at the meeting who represent the Riverside County Board of Supervisors, who each shall have one vote. (b) The item shall be approved by a majority of the Commission members present at the meeting who represent the cities in Riverside County, who each shall have one vote. (c) The item shall be approved by Commission members present at the meeting who represent cities in Riverside County representing a majority of the population of the county living in incorporated areas. For the purpose of this subdivision, each regular commission member at the meeting who represents a city in Riverside County shall be assigned votes based on the percentage of the 44 26 population of incorporated areas of Riverside County represented by that member in relation to the total population of incorporated areas of Riverside County represented by that member in relation to the total population of incorporated areas of Riverside County represented at the meeting. Population data shall be determined through Department of Finance estimates, adjusted annually on January 1 or as soon thereafter as possible. The population represented by members not voting because of a legal conflict of interest shall not be counted for any purpose in a weighted vote. The provisions of this section shall not apply the election of the Chair, Vice Chair, or Second Vice Chair as defined under Article III.B. G. RALPH M. BROWN ACT. All meetings of the Commission shall be called, noticed, and conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9, commencing with Section 54950, Part I, Division 2, Title 5 of the Government Code). H. ADDRESSING COMMISSION ON AGENDA ITEMS. No person shall address the Commission at any meeting until he or she has first been recognized by the Chair. The decision of the Chair to recognize a person may be changed by vote of a majority of the members of the Commission present at the meeting. Persons wishing to address the Commission shall fill out a speaker card and provide it to the Clerk of the Board prior to the start of the agenda item upon which he or she wishes to be heard, unless another method is specified by the Chair. The Chair may, in his or her discretion, direct the Clerk to accept speaker cards filed after the start of the agenda item. Except as set forth below, when addressing the Commission, each individual speaker will be limited to three continuous minutes or less of public testimony. The Commission may, either at the direction of the Chair or by a majority vote of the Commission, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speaker cards, 45 27 the Chair may, in his or her discretion, reduce the time for each individual speaker to two continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes, unless extended by the Chair or majority vote of the Board. Speakers may not yield their time to others without the consent of the Chair. The Commission may terminate public comments if such comments become repetitious. I. COMMITTEE OF THE WHOLE. At any regular meeting not yet convened because of the lack of a quorum, the regular members, and alternates acting in the place of a regular member, who are present, may constitute themselves a "Committee of the Whole", for the purposes of discussing agenda matters or any other matter of interest to the members present. The Committee shall automatically cease to exist if a quorum of the Commission is present at the meeting. ARTICLE V CORPORATE POWERS A. SUCCESSION. The Commission has perpetual succession and may adopt a seal and alter it at its pleasure. B. LITIGATION. The Commission may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. C. CLAIMS. All claims for money or damages against the Commission are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. D. MOTIONS, REGULATIONS AND ORDINANCES. The acts of the Commission shall be expressed by motion, resolution, or ordinance. All ordinances 46 28 shall take effect upon their adoption unless otherwise provided for by the Commission. The enacting clause of all ordinances shall be as follows: "The Riverside County Transportation Commission hereby ordains as follows:" All ordinances shall be signed by the Chair or by the Vice Chair of the Commission. E. MISCELLANEOUS. The Commission shall have the power and authority to do any and all things necessary to carry out the purposes of Division 12 (commencing with Section 130000) and Division 25 (commencing with Section 240000) of the Public Utilities Code and other applicable law. ARTICLE VI CONTRACTS The Commission may make contracts and enter into stipulations of any nature whatsoever either in connection with eminent domain proceedings or otherwise, including but not limited to, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers authorized by law or by this Ordinance. The Commission may contract with any Department or Agency of the United States of America, with any public agency (including but not limited to, the Department of Transportation or any Transit District, County, or City), or with any person upon such terms and conditions as the Commission finds is in its best interest. ARTICLE VII BUDGET A. ANNUAL BUDGET. The Commission, after holding public hearings, shall annually, on or before June 15th of each year, adopt a budget for the succeeding Fiscal Year. B. PUBLIC HEARINGS. The Commission shall hold public hearings prior to the adoption of its budget. Notice of time and place of such hearings shall be 47 29 published pursuant to Section 6061 of the Government Code and shall be published no later than the 15th day prior to the date of the hearing. C. PUBLIC INSPECTION. The proposed annual budget shall be available for public inspection at least fifteen (15) days prior to the hearing. ARTICLE VIII AUDIT The Commission shall make, or cause to be made annually as soon as practical after the end of each Fiscal Year, a post-audit of the financial transactions and records of the Commission for the preceding year. Such post-audit shall be made by a Certified Public Accountant. ARTICLE IX GOVERNMENTTORT CLAIMS POLICY A. WRITTEN CLAIM (Gov. Code § 945.4)1 Before commencing a lawsuit for money or damages, the claimant must present a written claim to the Riverside County Transportation Commission (herein referred to as “RCTC”) and allow it to act upon the claim.2 (See page 5, below, for Sample RCTC Claim Form.)The review, rejection, sufficiency and return of written claims shall be governed by the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or as otherwise provided by law. B. The Executive Director or designee is authorized to review and reject claims submitted to RCTC. 1 All references herein are to the California Government Code, unless otherwise noted. 2 Under special circumstances, this requirement may be excused. (See for example Gov. Code §§ 946.4, 946.6.) Formatted: Left, Indent: Left: 0" 48 30 C. The Executive Director may settle claims in the amount of $50,000 or less after consultation with the General Counsel. The Commission Board must approve all settlements on claims in excess of $50,000. SUFFICIENCY - CONTENTS OF CLAIM (Gov. Code §§ 910, 910.2) A claim shall be presented by the claimant or by a person acting on the claimant’s behalf. The written claim must include all of the following: (a) The name and postal address of the claimant. (b) The postal address to which the person presenting the claim desires notices to be sent. (c) The date, place, and other circumstances of the occurrence or transaction which gave rise to the claim asserted. (d) A general description of the indebtedness, obligation, injury, damage or loss so far as it may be known at the time of presentation of the claim; (e) The name(s) of public employee(s) causing the injury, damage, or loss, if known. (f) The amount claimed, if it totals less than $10,000.00 as of the date of the presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of presentation of the claim, together with the basis for computation of the amount claimed. If the amount claimed is more than $10,000.00, no dollar amount shall be included in the claim, but it shall indicate whether the claim would be a limited civil case. (g) The signature of the claimant or his or her representative. Formatted: Left, Indent: Left: 0" Formatted: Indent: Left: 0" Formatted: Indent: Left: 0", First line: 0" 49 31 C. TIMELINESS (Gov. Code § 911.2) 1. A claim relating to a cause of action for death, injury to person, injury to personal property or growing crops must be presented within six (6) months after the accrual of the cause of action. 2. A claim relating to any other cause of action, such as damage to real property, must be presented within one (1) year after the accrual of the cause of action. D. ACTION BY EXECUTIVE DIRECTOR OR DESIGNEE (Gov. Code §§ 912.6, 935.4) The Clerk of the Board shall present claims received by the Commission to the Executive Director or designee. The Executive Director or designee shall review claims submitted to RCTC and may act on such claims in one of the following ways: 1. If the Executive Director determines that the claim is for a debt or liability which is not the responsibility of RCTC, it shall be rejected by the Executive Director or designee. 2. If the Executive Director determines that the claim is for a debt or liability which may be the responsibility of RCTC, the Executive Director or designee shall present the claim to the Commission’s Board for consideration. 3. The Executive Director shall present all claims for physical personal injury for which the claimant is likely to seek payment in excess of $100,000 or wrongful death to the Commission Board for consideration. The Commission Board must approve all settlements on claims. Formatted: Left, Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Left, Indent: Left: 0" Formatted: Left, Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0" 50 32 E. WRITTEN REJECTIONS (Gov. Code §§ 912.4(a), 913, 945.6(a)(1)) If a claim is rejected in writing within 45 days of presentation, the claimant has six (6) months from the date the written notice of rejection is personally delivered or mailed in which to file suit. The claimant and RCTC may extend by written agreement the period within which RCTC must act on the claim. (See page 6, below, for Sample Rejection on the Merits Letter.) F. REJECTION BY OPERATION OF LAW (Gov. Code §§ 912.4 (c), 945.6(a)(2)) If a claim is not rejected in writing within 45 days of presentation, the claim is deemed rejected by operation of law on the 46th day. Notice of the rejection of the claim may be sent by the Commission after the claim in deem rejected. G. INSUFFICIENT CLAIMS (Gov. Code §§ 910.8, 911, 915.4) The Executive Director or designee has the right to return insufficient claims by providing notice in accordance with Gov. Code section 915.4. If a claim does not comply with Government Code sections 910 and 910.2, the claim is legally insufficient. If an insufficient claim is presented to RCTC, then RCTC shall notify the claimant in writing within 20 days of presentation that the claim is insufficient and state with particularity the defects or omissions in the claim. The Commission Board may not take action on the claim for a period of 15 days after such notice is given. If such notice of insufficiency is not given, RCTC waives any defense as to the sufficiency of the claim and cannot later claim insufficiency as a defense. However, no notice need be given and no waiver shall result when the claim as presented fails to state either an address to which the person presenting the claim desires notices to be sent or the address of the claimant. (See page 7, below, for Sample Letter re Insufficient Claim Form.) Formatted: Left, Indent: Left: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Left, Indent: Left: 0" Formatted: Left, Indent: Left: 0" 51 33 H. LATE CLAIMS (Gov. Code §§ 911.4, 911.6, 911.8) 1. If a claim is not presented in a timely manner pursuant to Gov. Code section 911.2 (6 month limitations period), the claimant must file an application to present a late claim. 2. The application: (a) Must be presented within a reasonable time not to exceed one (1) year after the accrual of the cause of action; (b) Must have the written claim attached; and (c) Must state the reason for the delay in presenting the claim. 3. Claims filed late, if not accompanied by an application for leave to file a late claim, should be rejected specifically because they are late. (See page 8 for Sample Letter re Untimely Claim Without Application For Leave To Present A Late Claim.) 4. In computing the one (1) year period for presentation of the application, time during which the person who sustained the alleged injury, damage, or loss is a minor shall be counted, but the time during which he is mentally incapacitated and does not have a guardian shall not be counted. I. ACCEPTANCE OF APPLICATION FOR LATE CLAIM (Gov. Code § 911.6) The Executive Director or designee shall grant or deny an application for acceptance of late claim within 45 days after it is presented. This period may be extended by written agreement between the claimant and RCTC.may Formatted: Left Formatted: Left, Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Left, Indent: Left: 0", First line: 0" 52 34 review and grant or deny an application for late claim relief submitted pursuant to the Government Claims Act. The Executive Director or designee shall grant the application where one or more of the following is applicable: (a) Failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect and RCTC was not prejudiced in its defense of the claim by the failure to present the claim in a timely manner; or, (b) The person who sustained the alleged injury, damage or loss was a minor during all of the time period; or, (c) The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time period; or, (d) The person who sustained the alleged injury, damage or loss died before the expiration of the time period. J. DENIAL OF APPLICATION FOR LATE CLAIM (Gov. Code §§ 911.8, 946.6) 1. The Executive Director or designee may deny the application if it is not excused. (See page 9, below, for Sample Denial Letter.) The denial must be in writing and must advise the claimant that he has only six (6) months to take the matter to court. Written notice of the action on the application must be given in the manner prescribed in Gov. Code section 915.4. The notice shall contain a warning in substantially the form as prescribed in Gov. Code section 911.8. The denial of the application for late claim has nothing to do with the validity of the 53 35 claim. It is not a rejection of the claim or its merits. It means only that the claim was not properly presented. K. CALIFORNIA LAW 1D. This Tort Government Claims Policy is intended to reflect the requirements set forth in the California Tort Government Claims Act (Gov. Code §§ 900 et seq.). RCTC intends to periodically update this Policy, however, bBecause state law is amended from time to time, in the event any law cited herein is amended, modified, changed or omitted, then such law shall govern. 54 36 L. COMMISSION ACTION 1. This Tort Claims Policy provides the guidelines for RCTC in responding to a claim, however, a failure to follow this Policy shall not serve as a basis for invalidating an action taken by the Commission Board or the Executive Director on a particular claim. 55 37 CLAIM FORM (A claim shall be presented by the claimant or by a person acting on his behalf.) NAME OF DISTRICT: Riverside County Transportation Commission 1 Name, address, mailing address if different, and phone number. Name: Address(es): Phone Number: 2 List name, address and phone number of any witnesses. Name: Address: Phone Number: 3 List the date, time, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date: Time: Place: Tell What Happened (give complete information): NOTE: Attach any photographs you may have regarding this claim. 4 Give a general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim. 5 Give the name or names of the public employee or employees causing the injury, damage, or loss, if known. 6 If the actual amount of your claim is less than $10,000 indicate the exact amount of your claim, and if possible show specific itemization and/or include copies of any documents in support thereof. If the amount of the claim exceeds $10,000, no dollar amount should be included in this claim form; however, it is necessary to indicate whether jurisdiction will rest in Municipal or Superior Court. (Jurisdiction for any claim under $25,000 would rest in Municipal Court, and any claim over $25,000 would rest in Superior Court.) Date: Signature: ANSWER ALL QUESTIONS. OMITTING INFORMATION COULD MAKE YOUR CLAIM LEGALLY INSUFFICIENT. 56 38 57 39 SAMPLE LETTER RE REJECTION ON THE MERITS THIS LETTER SHOULD BE TYPED ON RCTC LETTERHEAD AND USED TO NOTIFY A POTENTIAL CLAIMANT THAT HIS/HER CLAIM HAS BEEN REJECTED ON ITS MERITS, NOT BECAUSE THE CLAIM IS LATE, OR THAT THE CLAIM IS INSUFFICIENT IN CONTENTS. IF USED, THIS FORM MUST BE MAILED WITHIN 45 DAYS OF PRESENTATION OF THE CLAIM. (Enter date) Dear _____________________: Thank you for your recently submitted claim in the matter of _____________________________________________________________________________. As you know, we are guided by state law and are obligated to pay claims where there is liability on our part. We have reviewed all of the information submitted to us relating to your claim, and have endeavored to be absolutely fair in considering your case. Your claim presented to the Riverside County Transportation Commission on ____________________ was rejected (or allowed in the amount of $___________ and rejected as to the balance) on ___________________ (date of action or rejection by operation of law.) WARNING Subject to certain exceptions, you have only six months from the date this notice was personally delivered or mailed to file a court action on this claim. (See Government Code Section 945.6.) You may, of course, seek an attorney’s advice on this matter. If you plan to consult an attorney, you should do so immediately. If you have questions about the claim or this denial of liability, please call the undersigned. Very truly yours, Anne Mayer [or designee, such as General Counsel] Executive Director 58 40 SAMPLE LETTER RE INSUFFICIENT CLAIM FORM THIS LETTER SHOULD BE TYPED ON RCTC LETTERHEAD AND USED TO NOTIFY POTENTIAL CLAIMANTS OF INSUFFICIENCIES IN CLAIMS FILED (Enter date) Re: Notice of Insufficiency of Claim Filed with the Riverside County Transportation Commission Dear ________________: Your claim which was received by the Riverside County Transportation Commission on (enter date) failed to comply substantially with the California Government Code. It was insufficient for the following reason(s): [Give reasons for insufficiency] For your information, you may wish to consult Sections 910, 910.2, 910.4, 910.8 and other sections of the California Government Code pertaining to the filing of claims against a public entity. Due to specific time requirements for correcting these deficiencies, this should be tended to immediately. Very truly yours, Anne Mayer [or designee, such as General Counsel] Executive Director 59 41 SAMPLE LETTER RE UNTIMELY CLAIM WITHOUT APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM THIS LETTER SHOULD BE TYPED ON RCTC LETTERHEAD AND USED TO NOTIFY POTENTIAL CLAIMANTS WHO FILE LATE CLAIMS WITH NO ACCOMPANYING APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM (Enter date) Re: Response to your Late Claim Filed with the Riverside County Transportation Commission Dear ________________: The claim (or material) which you presented to the Riverside County Transportation Commission (“RCTC”) on (Enter date) is being returned to you herewith, without any action having been taken by RCTC. The claim (or material) is being returned because it was not presented within the time required by law. (See California Government Code Sections 911.2 to 912.2 and 946.6.) Your only recourse at this time is to file a written Application for Leave to Present a Late Claim as required by the Government Code. After this Application has been received by RCTC, it will be reviewed and considered. Due to legal time requirements, this should be done without delay. To determine if you have a further remedy, or whether other procedures are open to you, you may wish to consult with an attorney of your choosing. If you consult with an attorney, you should do so immediately. Very truly yours, Anne Mayer [or designee, such as General Counsel] Executive Director 60 42 SAMPLE LETTER RE DENIAL OF APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM THIS LETTER SHOULD BE TYPED ON RCTC LETTERHEAD AND USED TO DENY LATE CLAIMS PRESENTED WITHIN ONE YEAR OF ACCRUAL WITH AN ACCOMPANYING APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM (Enter date) Re: Denial of Application for Leave to Present a Late Claim to the Riverside County Transportation Commission Dear _________________: Your Application for Leave to Present a Late Claim is denied by the Riverside County Transportation Commission as of (Enter date). WARNING If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of California Government Code Section 945.4. (Also see Government Code Section 946.6.) Such petition must be filed with the court within six (6) months from the date your Application for Leave to Present a Late Claim was denied. You may seek the advice of an attorney of your choosing in connection with this matter. If you consult an attorney, you should do so immediately. Very truly yours, Anne Mayer [or designee, such as General Counsel] Executive Director 61 43 SAMPLE LETTER RE RETURN OF APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM THIS LETTER SHOULD BE TYPED ON RCTC LETTERHEAD AND USED TO REJECT LATE CLAIMS PRESENTED AFTER ONE YEAR FROM ACCRUAL WITH AN ACCOMPANYING APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM (Enter date) Re: Return of Application for Leave to Present a Late Claim to the Riverside County Transportation Commission Dear _________________: The Application for Leave to Present a Late Claim which you presented to the Riverside County Transportation Commission on (Enter date) is being returned to you herewith, without any action having been taken on it by the Commission. The Application is being returned because it was not presented within the time required by law. To determine whether you have any further remedy, you may wish to consult with an attorney of your choosing. If you consult an attorney, you should do so immediately. Very truly yours, Anne Mayer [or designee, such as General Counsel] Executive Director 62 44 ARTICLE X PROCEDURES FOR DESIGN IMMUNITY A. EXECUTIVE DIRECTOR REVIEW AND APPROVAL. Prior to commencement of a construction project undertaken by the Commission, the Executive Director shall review and approve or disapprove the plans for such project in writing, or delegate such authority in writing to a competent employee of the Commission with the knowledge to discern whether the plans are reasonable or not. Neither the Executive Director nor his or her designee of review and approval authority shall be responsible for drafting such plans. B. DETERMINATION OF REASONABLENESS. The Executive Director or his or her designee of review and approval authority shall review the plans for a construction project undertaken by the Commission to determine whether such plans are reasonable or not. Evidence of reasonableness of such plans may be supported by approval of such plans by a competent professional; or if such plans have been prepared in conformity with a previously approved standard; or if such plans conform to established guidelines such as the Uniform Building Code or guidelines set forth by the California Department of Transportation or the American Association of State Highway and Transportation Officials. C. EXECUTION OF STATEMENT. Upon completion of the review of the plans, the Executive Director or his or her designee shall sign a statement in substantially the form set forth as follows: I have been granted the authority to review and approve the plans for the ______________ Project, and I am competent to do so. I have reviewed such plans, and I find them to be reasonable in my judgment as a reasonable employee and approve such plans. 63 ORDINANCE NO. 22-001 AN ORDINANCE AMENDING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ADMINISTRATIVE CODE WHEREAS, by Ordinance 93-003 the Riverside County Transportation Commission has enacted an Administrative Code; WHEREAS, the Commission has determined that it is now necessary to amend its Administrative Code to update the membership of the Executive Committee; amend dated language pertaining to the Citizens and Specialized Transit Advisory Committee, update the Commission’s claims policy to align with current law and practice, and the correct typographical errors and make minor language edits; NOW, THEREFORE, the Riverside County Transportation Commission hereby ordains as follows: The Administrative Code is hereby amended as shown in Attachment “A.” This Ordinance shall be effective upon adoption APPROVED AND ADOPTED this 14th day of December, 2022. __________________________________ V. Manuel Perez, Chair ATTEST: _________________________________ Lisa Mobley Clerk of the Board ATTACHMENT 3 64 1 ADMINISTRATIVE CODE OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ARTICLE I PURPOSE The Riverside County Transportation Commission is charged with the responsibility of carrying out the purposes and directives of the Legislature as provided for in the County Transportation Commission Act (Division 12, commencing with Section 130000 of the Public Utilities Code). Section 130105 of the Public Utilities Code requires the Commission to adopt an administrative code by ordinance. ARTICLE II MEMBERSHIP A.POWERS OF COMMISSION. Subject to the powers and limitations as provided by law and these rules, all powers of the Commission shall be exercised, its property controlled and its affairs conducted by its Commission. B.REGULAR MEMBERS. The Commission shall consist of 34 regular members appointed as follows: 1.The five members of the Riverside County Board of Supervisors. 2.One member appointed by each of the member cities, which member shall be either a member of that city’s City Council or its Mayor. 3.One non-voting member appointed by the Governor. ATTACHMENT A 2 C. ALTERNATE MEMBERS. 1. The Riverside County Board of Supervisors shall establish a procedure by which a member of that board may appoint an alternate member of the Board of Supervisors to represent the member for one meeting of the Riverside County Transportation Commission. Notice of the alternate appointment shall be made in writing to the Clerk of the Board 24 hours prior to the meeting. 2. Each incorporated city in Riverside County shall appoint one alternate member to the Commission who shall represent the regular member of the Commission who serves on behalf of the city, if the regular member is not in attendance at a meeting. Notice of the alternate appointment shall be made in writing to the Clerk of the Board 24 hours prior to the meeting. If an incorporated city appoints an alternate member, the alternate member shall be either the mayor or a city council member of that incorporated city. D. VOTING RIGHTS. Except when a weighted vote is called, each regular member of the Commission, and each alternate member when acting in the place of a regular member, shall have one vote at meetings of the Commission. Except for the delegation of votes provided in Section C, above, there shall be no voting by proxy. E. VACANCIES. Any vacancy in the office of regular or alternate member, whether because of death, incapacity, resignation, loss of underlying office, removal or otherwise, shall be filled by the appointing authority for such member. F. RESIGNATION. Any regular or alternate member may resign at any time by giving written notice of such resignation to the Clerk of the Board. Such resignation shall be effective at the time specified; acceptance of such resignation shall not be necessary to make it effective. 3 G. REMOVAL. Any regular or alternate member may be removed, with or without cause stated, by the authority responsible for his or her appointment. H. COMPENSATION. Unless prohibited by law from accepting compensation, each regular and alternate member of the Commission shall be compensated at the rate of One Hundred Dollars ($100) for any day attending to the business of the Commission, but not to exceed Four Hundred Dollars ($400) in any month, along with necessary traveling and personal expenses incurred in the performance of his or her duties as authorized by the Commission. An alternate member may receive compensation only for attendance at a meeting where a regular member is absent for all or part of the meeting. For purposes of this section, “attending to the business of the Commission” means: 1. Attendance at meeting of the Commission. 2. Attendance at committee meetings of the Commission if attending as a member of such committee. 3. Attendance at activities and events for the purpose of representing the Commission when such attendance is formally requested by the Commission or the Chair of the Commission. 4. Attendance at project-related events, e.g., groundbreakings, ribbon cuttings, etc. for Commission-financed or sponsored projects. ARTICLE III ADMINISTRATION A. IN GENERAL. The Officers of the Commission shall consist of the Chair, a Vice Chair, and a Second Vice Chair, all of whom shall be regular members of the Commission, an Executive Director, a General Counsel, Fiscal Officer, and other such officers as the Commission may deem necessary. 4 B. ELECTION OF CHAIR, VICE CHAIR AND SECOND VICE CHAIR. The Commission annually, at its first meeting in December, and at such other times as there may be a vacancy in either office, shall elect a Chair who shall preside at all meetings, a Vice Chair who shall preside in the absence of the Chair, and a Second Vice Chair who shall preside in the absence of the Chair and the Vice Chair. The Chair, the Vice Chair, and the Second Vice Chair shall be elected by the Commission at its first meeting in December or as soon thereafter as practical for a one-year term. The changes will be effective on January 1. The election for each position is as follows: 1. At the start of the agenda item, Commission Board members may nominate one or more regular members to fill the positions of Chair, Vice Chair, and Second Vice Chair. Each nomination must be seconded in order to qualify that member for the election. Only those members nominated and seconded shall be part of the selection process set forth below. 2. If no objections are made, the nominations will be closed when the Chair makes a formal announcement closing the nomination period. 3. If only one nomination is received for a position, the Chair shall call on the Commission’s Board of Director’s to approve the nomination. If more than fifty (50%) percent of the votes cast approve that nominee, the nominee shall be elected and the election for that position shall be consider complete. If the nominee fails to obtain more than fifty percent (50%) of votes cast by the Board, the process for electing a member to the desired position shall begin again from paragraph 1. 4. If two nominations are received for a position, the Chair shall call for the Commission’s Board of Director’s to cast votes for one of the nominees. If one of the nominees receives more than fifty percent (50%) of 5 the votes cast, that nominee shall be elected and the election for that position shall be considered complete. If the election fails to result in a nominee with more than fifty percent (50%) of the vote, the nominee with the most votes will be placed before the Commission’s Board of Directors for approval. The nominee must be approved by more than fifty percent (50%) of the votes cast by the Board in order to be elected to the desired position. If the nominee fails to obtain more than fifty percent (50%) of the Board’s vote, the process for electing a person to the desired position shall begin again from paragraph 1. 5. If there are more than two nominees, the following steps shall be followed in the order set forth below: (a) The Chair shall call for the Commission’s Board of Directors to cast votes for one of the nominees. All nominees shall be voted on using a single written ballot. A “written” ballot can be either physical or digital. If one nominee receives more than fifty percent (50%) of the votes cast that nominee shall be elected and the election for that position shall be considered complete. If the vote fails to result in a nominee receiving more than fifty percent (50%) of the votes cast, the two nominees with the most votes will be placed in a runoff election. (b) The winning nominee in the runoff election is selected if that nominee receives more than fifty percent (50%) of the votes cast. In that case, the election for that position shall be considered complete. (c) If the runoff election fails to result in a nominee with more than fifty percent (50%) of the vote, the nominee with the most votes will be placed before the Commission’s Board of Directors for approval. 6 (d) If the nominee receives more than fifty percent (50%) of the votes cast, the nominee shall be elected and the election for that position shall be considered complete. (e) If the nominee placed before the Commission’s Board of Directors fails to obtain more than fifty percent (50%) of the votes cast, the process for electing a person to the desired position shall begin again from Paragraph 1, above (f) If there is a tie in any step in the election process and the next step of the process cannot proceed, then one or more tie-breaking votes will occur in which all members of the Commission’s Board of Directors present at the meeting will be allowed to vote again. The winning nominee must receive more than fifty percent (50%) of the votes cast to be elected. At any point the Commission may vote to suspend the vote until a subsequent meeting. If the Chair has been selected prior to the vote to suspend, the new Chair shall be seated when his or her term commences, but shall relinquish his or her seat as the Vice Chair if applicable. If the Chair and Vice Chair have been selected prior to the vote to suspend, the new Vice Chair shall also seated when his or her term commences, but shall relinquish his or he seat as Second Vice Chair, if applicable. The tally of all votes taken hereunder shall be read aloud by the Clerk of the Board immediately following the vote. The written ballots whether physical or digital shall be retained by the Clerk of the Board as part of the public record of the meeting. The Chair, the Vice Chair, and the Second Vice Chair shall regularly alternate between regular members of the Commission representing a city and a regular member of the Commission who is a member of the Riverside County Board of 7 Supervisors. At all times, at least one of three officer slots – Chair, Vice Chair, or Second Vice Chair – shall be held by a member of the Riverside County Board of Supervisors. During the time in which the Chair is a regular member of the Commission representing a city, either the Vice Chair or the Second Vice Chair, or both, shall be a regular member of the Commission who is a member of the Riverside County Board of Supervisors. During the time in which the Chair is a regular Commission member who is a member of the Riverside County Board of Supervisors, either the Vice Chair or the Second Vice Chair, or both, shall be a regular member of the Commission representing a city in order to ensure the participation of both city and county representatives in leadership positions. C. REMOVAL OF OFFICERS. The Chair, the Vice Chair and the Second Vice Chair may be removed by the affirmative vote of a majority of the Commission. Voting on removal shall take place no sooner than at the next regular meeting following the meeting at which the motion to remove officers was introduced. D. DUTIES OF VARIOUS OFFICERS. 1. Duties of Chair. The Chair shall, if present, preside at all meetings of the Commission and shall exercise and perform such other powers and duties as may be from time to time assigned to him or her by the Commission or prescribed herein or by other official action of the Commission. In any case in which the execution of a document or the performance of an act is directed, the Chair, unless the act of the Commission otherwise provides, is empowered to execute such document or perform such act. At the beginning of the calendar year, the Chair shall make appointments to standing committees, ad hoc committees and outside agencies that require the representation of RCTC by a Commissioner. Appointment terms are of a one-year duration and removal of a 8 Commissioner from a committee assignment prior to the end of the one-year term requires approval of the Executive Committee. 2. Duties of the Vice Chair. The Vice Chair shall perform the duties of the Chair in his or her absence. When so acting, the Vice Chair shall have all the powers of and be subject to all the restrictions upon, the Chair. 3. Duties of Second Vice Chair. The Second Vice Chair shall perform the duties of the Chair in the absence of the Chair and the Vice Chair. When so acting, the Second Vice Chair shall have all the powers of and be subject to all the restrictions upon the Chair. 4. Chair Pro Tempore. In the event of the absence or inability to act of the Chair, Vice Chair, or Second Vice Chair, the Commission, by motion passed by majority vote, shall select one of its members to act as Chair Pro Tempore, who, while so acting, shall have all of the authority of the Chair. 5. Duties of Executive Director. The Executive Director shall be a full-time officer of the Commission. The appointment and employment of the Executive Director shall be overseen by the Executive Committee pursuant to Section III.G.3, below. The powers and duties of the Executive Director are: (a) To administer the personnel system, including contract employees of the Commission. (b) To administer all contracts. (c) To cause to be prepared by a Certified Public Accountant and to submit to the Commission as soon as practical after the end of each fiscal year a post-audit of the financial transactions and records of the Commission for the preceding year. (d) To keep the Commission advised as to the needs of the Commission. 9 (e) To have full charge of the administration of the business affairs of the Commission. (f) To see that all ordinances, rules and regulations, motions, or resolutions are enforced. (g) To provide for the secretarial services required by the Commission including keeping a book of minutes of all meetings of the Commission, giving notice of all meetings as may be required by law or action of the Commission, and such other duties as may be prescribed by ordinance or resolution of the Commission. (h) The Executive Director is authorized to take any or all of the following actions in relation to regular employees of the Commission: (1) To hire employees at the appropriate salary range as determined by the Commission. (2) To promote, transfer, suspend with or without pay, or discharge any employee. (3) To notify the Commission of such actions at appropriate intervals. (i) The Executive Director is authorized to make disbursements of funds of the Commission consistent with the annual budget of the Commission. He or she shall have such other duties, powers and responsibilities as may from time to time be assigned by the Commission. The compensation of the Executive Director shall be pursuant to written contract with the Commission. (j) The Executive Director, or his or her designee, has the discretionary authority of approval overall project designs or plans for 10 construction and the construction of all projects by the Commission as set forth herein, unless the Commission finds otherwise. 6. Duties of General Counsel. The General Counsel shall be a person admitted to practice law by the Supreme Court of California or a firm comprised of same, and shall have been actively engaged in the practice of law for not less than five years preceding appointment. The General Counsel shall represent and advise the Commission in all legal matters, actions, or proceedings in which the Commission is concerned, or interested, or is a party. 7. Duties of Chief Financial Officer. The Chief Financial Officer, under the general direction of the Executive Director, shall be the custodian of funds received from the Commission from whatever source. The Chief Financial Officer shall act as and hold the title of treasurer of the Commission for purposes of Government Code section 53630, et. seq., and any similar statutory provisions that refer to the treasurer of a local agency. The Fiscal Officer shall act as and hold the title of auditor/controller of the Commission for purposes of debt issuance. The Fiscal Officer shall be a full-time employee of the Commission and shall: (a) Receive and receipt for all money of the Commission and place it in the Commission treasury. (b) Draw warrants to pay demands against the Commission when the demands have been duly and regularly signed by the Executive Director. (c) Prepare or cause to be prepared a report in writing on a quarterly basis each year to the Commission detailing investments held, and a summary of budget to actuals since the last report. 11 (d) Keep a full and complete record of all financial transactions and records of the Commission. He or she shall have such other duties and responsibilities as may from time to time be assigned to the Fiscal Officer by the Commission. E. EMPLOYEES. All employees other than independent contractors, shall be subject to the control and supervision of the Executive Director. Compensation of employees shall be as provided for from time to time by the Commission and/or the Executive Committee. F. APPOINTMENT OF ADVISORY COMMITTEES. 1. Citizens and Specialized Transit Advisory Committee (‘CSTAC”). (a) Membership. There is hereby created the Citizens and Specialized Transit Advisory Committee (“CSTAC”). This committee shall serve as the Social Services Transportation Advisory Council and as the Citizens’ Advisory Committee pursuant to PUC Section 130105. The CSTAC shall consist of up to fifteen (15) members appointed by the Commission, in the manner provided by the Commission. Pursuant to PUC Section 99238, the CSTAC shall include the following members: (1) One (1) representative of potential transit users who is 60 years of age or older; (2) One (1) representative of potential transit users who is disabled; (3) Two (2) representatives of the local social service providers for seniors, including one representative of a social service transportation provider, if one exists; 12 (4) Two (2) representatives of local social service providers for the disabled, including one representative of a social service transportation provider, if one exists; (5) One (1) representative of a local social service provider or persons of limited means; and (6) Two (2) representatives from the local consolidated transportation service agency designated pursuant to subdivision (a) of Section 15975 of the Government Code, if on exists, including one representative from an operator, if one exists. All members of the CSTAC shall be selected so as to reflect a broad spectrum of interests and the Commission shall strive to attain both minority representation and representation from all geographic areas of the County. CSTAC members shall serve at the will and pleasure of their nominating authority. The Commission has the discretion to dismiss any CSTAC members for any reason, including if the individual fails to participate in two (2) consecutive CSTAC meetings. The Commission shall appoint and renew individuals to the CSTAC for three (3) year terms. (b) Function. Subject to the supervision of the Commission, the CSTAC shall also consult on and obtain and collect public input on those matters of interest and concern to the Commission that may from time to time be assigned to the CSTAC by the Commission for its review, comments and recommendation. (c) Meeting. The Commission shall call the first meeting and may call subsequent meetings of the CSTAC, setting the time and place of said meeting(s) and designating the agenda from any 13 meetings so called. The Chair of the CSTAC, elected pursuant to this Section G.(1)(f) below, may also call meetings of the CSTAC, setting the time, place, and agenda for such meetings. The CSTAC may also hold subcommittee meetings of any subcommittees it establishes. (d) Assistance. The staff of the Commission shall be available to aid the CSTAC in its work. (e) Compensation. Members of the CSTAC shall serve without compensation. (f) Officers. The CSTAC shall elect a Chair and Vice Chair from the members thereof, each of whom shall serve for one (1) year, and thereafter until his or her successor is elected. Secretarial services shall be provided by the Commission staff. 2. Technical Advisory Committee. (a) Membership. There is hereby created the Technical Advisory Committee. The Committee shall consist of members selected as follows: (1) One (1) member representing the County of Riverside. (2) One (1) member representing each City in the County which designates such a representative. (3) One (1) member representing the Riverside Transit Agency. (4) One (1) member representing the Western Riverside Council of Governments. (5) One (1) member representing the Coachella Valley Association of Governments. 14 (6) The District Director of Caltrans District 8 or designee. (7) One (1) member representing the SunLine Transit Agency. (8) One (1) member representing the Palo Verde Valley Transit Agency. Committee members shall serve at the will and pleasure of their appointing authority and the Commission. An alternate may be named by each appointee to represent him or her in his or her absence. (b) Function. Subject to the supervision of the Commission, the Committee shall provide technical assistance to the Commission by reviewing and evaluating the various transportation proposals and alternatives within Riverside County. The Committee shall review, comment upon, and make recommendations on such matters as are referred to it by the Commission, including all matters relating to the programming of federal funds apportioned to the Riverside County and allocated by the Commission. (c) Meetings. In the dispatch of its responsibilities, the Committee may conduct meetings, may appoint subcommittees to include regular members and/or alternate members, and engage in such related activities as it deems necessary. Subcommittees shall not be composed of a regular and alternate member who represents the same jurisdiction. (d) Compensation. Members of the Committee shall serve without compensation. (e) Officers. The Committee shall elect a Chair and Vice Chair from the members thereof, each of whom shall serve for two (2) years 15 and thereafter until his or her successor is elected. Committee support shall be provided by the Commission staff. (f) Voting. Each member of the Committee shall have one (1) vote, except the county of Riverside member shall have three (3) votes and the Transportation Planning Director of the Southern California Association of Governments shall be a non-voting member. (g) Quorum. A quorum shall be a majority of the voting members. All actions of the Committee shall require a majority of the votes cast. 3. Other Advisory Committees. (a) Standing Committees. The Commission may appoint such other standing committees as it deems necessary. The Commission shall determine the membership of such committees from among the regular members of the Commission, and shall specify the functions, duties, responsibilities, and terms of service. The Commission shall give due consideration to recommendations, advice or proposals received from Advisory Committees but shall not be bound thereby. (b) Ad Hoc Committees and Representative Appointments. The Chair may create and appoint ad hoc committees as necessary to provide direction and advice to the Chair, Commissioners or Commission staff. In addition, the Chair shall appoint Commission representatives to the Southern California Regional Rail Authority, the Route 91 Advisory Committee, the MSRC, and other agencies or organizations of which the Commission is a member or party. Ad hoc committee members and representatives shall be appointed from among the regular Commission members. 16 G. COMMITTEES OF THE COMMISSION. 1. The following Committees of the Commission are hereby created: (a) The Budget and Implementation Committee. This Committee shall be composed of up to fifteen (15) regular members of the Commission selected by the Chair, with at least nine (9) members being Western Riverside County regular members of the Commission and at least four (4) members being Eastern Riverside County regular members of the Commission. For the purposes of this subsection (a), the Fifth District Supervisor shall be considered a Western Riverside County member. Subject to supervision by the Commission, the jurisdiction of the Committee shall be as follows: annual budget development and oversight, competitive state and federal grant programs, countywide communications and outreach programs, countywide strategic plan, legislation, short range transit plans (SRTP), and other areas as may be prescribed by the Commission. Meetings shall be held at 9:30 a.m. on the fourth Monday of the month with its principal location at the offices of the Commission, unless otherwise determined by the Committee or the Commission. During a declared state of emergency the meeting may be held at another location, including virtually, as authorized by law or executive order. At any regular meeting not yet convened because of the lack of a quorum, the committee members who are present may constitute themselves a “Committee of the Whole”, for purposes of discussing agenda matters or any other matter of interest to the members present. The Committee of the Whole may act to take recommendations to the Commission but may take no final actions. Any recommendation 17 presented to the Commission from a Committee of the Whole and not the whole committee and should state the number of votes for, against and abstaining in reference to the recommendation. The Committee shall automatically cease to exist if a quorum of the Commission is present at the meeting. (b) Western Riverside County Programs and Projects Committee. The Western Riverside County Programs and Projects Committee shall be composed of up to twelve (12) Western Riverside County regular members of the Commission selected by the Chair. Subject to supervision by the Commission, the jurisdiction of the Committee shall be to provide policy direction on transportation programs and projects that impact Western Riverside County. The subject matter may include, but is not limited to: air quality, capital projects, communications and outreach programs, specific transit projects, intermodal programs, motorist services, new corridors, regional agencies/regional planning, Regional Transportation Improvement Program (RTIP), State Transportation Improvement Program (STIP), and Transportation Uniform Mitigation Fee (TUMF) Program related to Western Riverside County, and other areas as may be prescribed by the Commission. Meetings shall be held at 1:30 p.m. on the fourth Monday of the month with its principal location at the offices of the Commission unless otherwise directed by the Committee or the Commission. During a declared state of emergency the meeting may be held at another location, including virtually, as authorized by law or executive order. At any regular meeting not yet convened because of the lack of a quorum, the committee members who are present may constitute themselves a “Committee of the Whole,” for purposes of discussing agenda matters or any other matter of interest to the 18 members present. The Committee of the Whole may act to take recommendations to the Commission but may take no final actions. Any recommendation presented to the Commission from a Committee of the Whole and not the whole committee should state the number of votes for, against and abstaining in reference to the recommendation. The Committee shall automatically cease to exist if a quorum of the Commission is present at the meeting. (c) Toll Policy and Operations Committee. The Toll Policy and Operations Committee shall be composed of up to eleven (11) regular members of the Commission selected by the Chair. Subject to supervision by the Commission, the jurisdiction of the Committee shall be as follows: policies involving the Commission’s toll facilities, setting tolls or rates, considering contracts with vendors working on the toll program, statewide and federal legislative issues regarding tolling, outreach and marketing of the toll facilities, interactions with neighboring jurisdictions regarding toll matters, user-based funding programs and future opportunities for toll facility development in Riverside County. Meetings shall be held as needed with its principal location at the offices of the Commission, unless otherwise determined by the Committee or the Commission. During a declared state of emergency the meeting may be held at another location, including virtually, as authorized by law or executive order. At any regular meeting not yet convened because of the lack of a quorum, the committee members who are present may constitute themselves a “Committee of the Whole”, for purposes of discussing agenda matters or any other matter of interest to the members present. The Committee of the Whole may act to take recommendations to the 19 Commission but may take no final actions. Any recommendation presented to the Commission from a Committee of the Whole and not the whole committee and should state the number of votes for, against and abstaining in reference to the recommendation. The Committee shall automatically cease to exist if a quorum of the Commission is present at the meeting. 2. In the performance of their duties and responsibilities, the Committees in subsection 1 above shall submit all policy matters coming before them to the Commission for final consideration. 3. Executive Committee. (a) There shall be created an Executive Committee. Subject to supervision by the Commission, the Executive Committee shall oversee staff functions; recommend staff positions, job descriptions and salaries; appoint, contract with and determine the compensation of the Executive Director; discipline, review and terminate the Commission’s Executive Director; and oversee administration of the Commission’s office. Decisions of the Committee shall be final unless a member of the Commission, within five (5) days of the date of the decision, requests that the decision be placed on the agenda of the next regular Commission meeting for reconsideration. Meetings of the Committee shall be held at 9:00 a.m. on the day of the Commission meeting or as otherwise required and at a place and time to be set by the Executive Committee, unless otherwise directed by the Commission. 20 (b) The membership of the Executive Committee shall be as follows: (1) The Chair of the Commission. (2) The Vice Chair of the Commission. (3) The Second Vice Chair of the Commission. (4) The Past Chair of the Commission. (5) Two regular members of the Commission representing the cities of Corona, Jurupa Valley, Moreno Valley, Menifee, Murrieta, Riverside, and Temecula. (6) A regular member of the Commission representing one of the following cities: Banning, Beaumont, Calimesa, Canyon Lake, Eastvale, Hemet, Lake Elsinore, Norco, Perris, San Jacinto, and Wildomar. Such member shall be appointed by majority vote of the members representing the cities referenced in the previous sentence. (7) A regular member of the Commission representing the following cities: Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage. Such member shall be appointed by a majority vote of the members representing the cities referenced in the previous sentence. (8) Three members of the Commission who are members of the Riverside County Board of Supervisors. Such members shall be appointed by the Board of Supervisors. (c) Actions of the Executive Committee shall require six (6) affirmatives "yes" votes. (d) The term of the Executive Committee members, other than the Chair, Vice Chair and the Second Vice Chair shall be two (2) years. 21 At the end of their two-year term, Executive Committee members shall stand for reappointment as set forth in Section G.3(b). (e) A member of the Executive Committee may be removed by majority vote of the Commission members responsible for his or her appointment. In the event of a vacancy in the Executive Committee, the vacancy shall be filled as set forth in Section G.3(b) above. The new member shall fill out the remainder of the term. (f) An alternate member of the Commission, as appointed in Article II.C.2, shall not assume the duties of the regular member on the Executive Committee when the regular member is absent. In addition, should a member of the Executive Committee resign or otherwise leave the Commission, the vacancy shall be filled as set forth in Section G.3(b), above. The new member shall serve the remainder of the unexpired term. (g) Amendments to this Administrative Code may be approved by the Executive Committee, subject to review by the Commission as set forth in Section G.3(a) above. 4. The Commission’s Committees are authorized to establish rules of procedure relating to the activities and functions of the respective Committee, including the creation of subcommittees of committee members. 5. Appointments made by the Chair shall be for a one-year term ending on December 31 of the year in which the appointments are made. In the event the Chair wishes to remove a Commissioner (“Appointee”) appointed during the term of the appointment, the following steps shall be taken: (a) The Chair shall provide Appointee with written notice of the Chair’s decision to remove the Appointee from the appointment. 22 (b) The notice shall be provided in writing to the Appointee through the Commission’s Clerk of the Board and shall include a brief statement of why removal is sought, which reason may include, without limitation, three or more consecutive absences of committee meetings. The notice shall be delivered to the email address, if any, provided by Appointee as well as by first class mail to the Clerk of the City/County appointing Appointee to the Commission and the Appointee’s mailing address. (c) The removal shall be effective on the 15th day after the Commission’s Clerk of the Board sends notice to Appointee unless Appointee provides notice to the Commission’s Clerk of the Board, prior to the expiration of such 15 day period, of his or her desire to contest the removal. (d) In the event that the removal is contested, the removal shall be stayed and the Executive Director shall schedule an Executive Committee meeting at which both the Chair and Appointee may present their arguments for and against removal. Based thereon, the Executive Committee shall either uphold or reject the removal. The decision of the Executive Committee shall be final. (e) If the removal is not contested or approved by the Executive Committee, the Chair may appoint a Commission member to fill the remainder of the Appointee’s term. (f) This Section G.5 shall only apply to appointments made by the Chair to 1) the Budget and Implementation Committee as defined under SectionG.1(a); 2) the Western Riverside County Programs and Projects Committee as defined under Section G.1(b)(1); the Toll Policy and Operations Committee as defined under Section G.1(c) and 3) Representative Appointments as defined under Section .F.3(b). 23 ARTICLE IV MEETINGS A. AGENDA. Matters to be placed on the Agenda for any regular meeting may be filed with the Executive Director of the Commission by any member of the Commission by the Thursday before such regular meeting. The Agenda for each regular meeting shall be prepared under the direction of the Executive Director. The Executive Director shall cause copies of the Agenda to be mailed or delivered to each regular and alternate member and the General Counsel at least three (3) working days prior to the regular meeting date. B. REGULAR MEETING. Regular meetings of the Commission shall be held with its principal location at 4080 Lemon Street, Riverside, California in the Board of Supervisors Chambers or at such other location set in public meeting by the Commission on the second Wednesday of each month at 9:30 a.m. unless such day is a holiday, in which case the meeting shall be held on the next business day. During a declared state of emergency the meeting may be held at another location, including virtually, as authorized by law or executive order. Regular meetings may be canceled by majority vote of the Commission at a regular or special meeting prior to the meeting to be canceled. A regular meeting may also be canceled by the Chair for lack of a quorum. The Executive Director shall endeavor to mail or deliver notice of such cancellation to each regular member and alternate member at least twenty-four (24) hours prior to the time of the meeting. C. SPECIAL MEETINGS. A special meeting of the Commission may be called at any time by the Chair, or in his or her absence by the Vice Chair or in the absence of the Chair and the Vice Chair by the Second Vice Chair, or by any sixteen (16) regular members by delivering personally or by mail written notice to the Executive Director and each regular and alternate member. Such notice shall be so 24 delivered at least twenty-four (24) hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be transacted at such meeting. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Executive Director a written waiver of notice. Such waiver may be given by telegram or fax. Such written notice may also be dispensed with as to any regular or alternate member who is actually present at the meeting at the time it convenes. The meeting shall be posted as provided by law. D. POSTING OF AGENDAS. The Commission shall post agendas of all regular meetings, containing a brief general description of each item of business to be transacted or discussed at the meeting, at least seventy-two (72) hours before such regular meeting. The agenda shall specify the time and location of the meeting and shall be posted in a location freely accessible to members of the public and at such other locations as required by law. No action shall be taken on any item not appearing on such posted agendas, except as permitted by state law. E. QUORUM AND VOTING REQUIREMENTS. Seventeen (17) members of the Commission shall constitute a quorum for the transaction of business. Unless otherwise required by law or this Administrative Code, all official acts of the Commission shall require the affirmative vote of a majority of the members of the Commission voting on the matter. F. WEIGHTED VOTING. Notwithstanding subdivision E above, any member of the Commission, immediately after a vote of the Commission in accordance with subdivision E, may call for a weighted vote. For an item to be passed by weighted vote, all of the following requirements shall be met: 25 (a) The item shall be approved by a majority of the Commission members present at the meeting who represent the Riverside County Board of Supervisors, who each shall have one vote. (b) The item shall be approved by a majority of the Commission members present at the meeting who represent the cities in Riverside County, who each shall have one vote. (c) The item shall be approved by Commission members present at the meeting who represent cities in Riverside County representing a majority of the population of the county living in incorporated areas. For the purpose of this subdivision, each regular commission member at the meeting who represents a city in Riverside County shall be assigned votes based on the percentage of the population of incorporated areas of Riverside County represented by that member in relation to the total population of incorporated areas of Riverside County represented by that member in relation to the total population of incorporated areas of Riverside County represented at the meeting. Population data shall be determined through Department of Finance estimates, adjusted annually on January 1 or as soon thereafter as possible. The population represented by members not voting because of a legal conflict of interest shall not be counted for any purpose in a weighted vote. The provisions of this section shall not apply the election of the Chair, Vice Chair, or Second Vice Chair as defined under Article III.B. G. RALPH M. BROWN ACT. All meetings of the Commission shall be called, noticed, and conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9, commencing with Section 54950, Part I, Division 2, Title 5 of the Government Code). H. ADDRESSING COMMISSION ON AGENDA ITEMS. No person shall address the Commission at any meeting until he or she has first been recognized 26 by the Chair. The decision of the Chair to recognize a person may be changed by vote of a majority of the members of the Commission present at the meeting. Persons wishing to address the Commission shall fill out a speaker card and provide it to the Clerk of the Board prior to the start of the agenda item upon which he or she wishes to be heard, unless another method is specified by the Chair. The Chair may, in his or her discretion, direct the Clerk to accept speaker cards filed after the start of the agenda item. Except as set forth below, when addressing the Commission, each individual speaker will be limited to three continuous minutes or less of public testimony. The Commission may, either at the direction of the Chair or by a majority vote of the Commission, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speaker cards, the Chair may, in his or her discretion, reduce the time for each individual speaker to two continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes, unless extended by the Chair or majority vote of the Board. Speakers may not yield their time to others without the consent of the Chair. The Commission may terminate public comments if such comments become repetitious. I. COMMITTEE OF THE WHOLE. At any regular meeting not yet convened because of the lack of a quorum, the regular members, and alternates acting in the place of a regular member, who are present, may constitute themselves a "Committee of the Whole", for the purposes of discussing agenda matters or any other matter of interest to the members present. The Committee shall automatically cease to exist if a quorum of the Commission is present at the meeting. ARTICLE V CORPORATE POWERS 27 A. SUCCESSION. The Commission has perpetual succession and may adopt a seal and alter it at its pleasure. B. LITIGATION. The Commission may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. C. CLAIMS. All claims for money or damages against the Commission are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. D. MOTIONS, REGULATIONS AND ORDINANCES. The acts of the Commission shall be expressed by motion, resolution, or ordinance. All ordinances shall take effect upon their adoption unless otherwise provided for by the Commission. The enacting clause of all ordinances shall be as follows: "The Riverside County Transportation Commission hereby ordains as follows:" All ordinances shall be signed by the Chair or by the Vice Chair of the Commission. E. MISCELLANEOUS. The Commission shall have the power and authority to do any and all things necessary to carry out the purposes of Division 12 (commencing with Section 130000) and Division 25 (commencing with Section 240000) of the Public Utilities Code and other applicable law. ARTICLE VI CONTRACTS The Commission may make contracts and enter into stipulations of any nature whatsoever either in connection with eminent domain proceedings or otherwise, including but not limited to, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers authorized by law or by this Ordinance. The Commission may contract with any Department or Agency of the United States of America, with 28 any public agency (including but not limited to, the Department of Transportation or any Transit District, County, or City), or with any person upon such terms and conditions as the Commission finds is in its best interest. ARTICLE VII BUDGET A. ANNUAL BUDGET. The Commission, after holding public hearings, shall annually, on or before June 15th of each year, adopt a budget for the succeeding Fiscal Year. B. PUBLIC HEARINGS. The Commission shall hold public hearings prior to the adoption of its budget. Notice of time and place of such hearings shall be published pursuant to Section 6061 of the Government Code and shall be published no later than the 15th day prior to the date of the hearing. C. PUBLIC INSPECTION. The proposed annual budget shall be available for public inspection at least fifteen (15) days prior to the hearing. ARTICLE VIII AUDIT The Commission shall make, or cause to be made annually as soon as practical after the end of each Fiscal Year, a post-audit of the financial transactions and records of the Commission for the preceding year. Such post-audit shall be made by a Certified Public Accountant. ARTICLE IX GOVERNMENT CLAIMS POLICY 29 A. The review, rejection, sufficiency and return of written claims shall be governed by the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or as otherwise provided by law. B. The Executive Director or designee is authorized to review and reject claims submitted to RCTC. C. The Executive Director may settle claims in the amount of $50,000 or less after consultation with the General Counsel. The Commission Board must approve all settlements on claims in excess of $50,000. The Executive Director or designee may review and grant or deny an application for late claim relief submitted pursuant to the Government Claims Act. D. This Government Claims Policy is intended to reflect the requirements set forth in the California Government Claims Act. Because state law is amended from time to time, in the event any law cited herein is amended, modified, changed or omitted, then such law shall govern. This Government Claims Policy provides the guidelines for RCTC in responding to a claim, however, a failure to follow this Policy shall not serve as a basis for invalidating an action taken by the Commission or the Executive Director on a particular claim. 30 ARTICLE X PROCEDURES FOR DESIGN IMMUNITY A. EXECUTIVE DIRECTOR REVIEW AND APPROVAL. Prior to commencement of a construction project undertaken by the Commission, the Executive Director shall review and approve or disapprove the plans for such project in writing, or delegate such authority in writing to a competent employee of the Commission with the knowledge to discern whether the plans are reasonable or not. Neither the Executive Director nor his or her designee of review and approval authority shall be responsible for drafting such plans. B. DETERMINATION OF REASONABLENESS. The Executive Director or his or her designee of review and approval authority shall review the plans for a construction project undertaken by the Commission to determine whether such plans are reasonable or not. Evidence of reasonableness of such plans may be supported by approval of such plans by a competent professional; or if such plans have been prepared in conformity with a previously approved standard; or if such plans conform to established guidelines such as the Uniform Building Code or guidelines set forth by the California Department of Transportation or the American Association of State Highway and Transportation Officials. C. EXECUTION OF STATEMENT. Upon completion of the review of the plans, the Executive Director or his or her designee shall sign a statement in substantially the form set forth as follows: I have been granted the authority to review and approve the plans for the ______________ Project, and I am competent to do so. I have reviewed such plans, and I find them to be reasonable in my judgment as a reasonable employee and approve such plans. RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXECUTIVE COMMITTEE SIGN -IN SHEET NOVEMBER 9, 2022 NAME AGENCY E MAIL ADDRESS � f� !/ 'n,l Gt 9 Game_ Z-.,. kikt-G 1,'�-- /-/-0),P ,64,,T- s 74 -2r142,)47- (l R 1D 1 -e/ PG Cy'- U r't.�Pat L/`, Z %P .,/ ( */L/� ///,-/C 70 /t/ r 2 I1 .(/° al's Sp i _ 12-1() Ce 6- 2 - LA 6 iJlCt v u'E ,Ge:•‘--, —414%0L SP e -A G t