HomeMy Public PortalAbout04 April 13, 2011 Executive90748
RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON
EXECUTIVE COMMITTEE
(COMMISSIONERS MARION ASHLEY, JOHN BENOIT,
BOB BUSTER, RICK GIBBS, TERRY HENDERSON, DARCY KUENZI
GREG PETTIS, RON ROBERTS, KAREN SPIEGEL, JEFF STONE, JOHN TAVAGLIONE)
PLEASE NOTE TIME CHANGE
8:45 A.M.
WEDNESDAY, APRIL 13, 2011
County of Riverside Administrative Center
Conference Room A
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.orq.
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 19511 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. PUBLIC COMMENTS
3. APPROVAL OF MINUTES — JANUARY 12, 2011
4. 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.
11.36.21
RCTC Executive Committee Agenda
April 13, 2011
Page 2
5. ADMINISTRATIVE CODE AMENDMENTS
This item is for the Committee to adopt Ordinance No. 11-001, An Ordinance
Amending the Riverside County Transportation Commission's Administrative
Code".
6. NEW STAFF POSITION
Overview
This item is for the Committee to:
1) Establish a Capital Projects Contracts and Claims Manager position on
Range 11, ($7,910 - $10,678 per month). This position will be
responsible for construction contracts and claims administration; and
2) Approve the revised organization chart to reflect the proposed change.
7. ADJOURNMENT
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
ROLL CALL
APRIL 13, 2011
Present Absent
County of Riverside, District I O O
County of Riverside, District II O O
County of Riverside, District III J� O
County of Riverside, District IV ,A, O
County of Riverside, District V , I O
City of Cathedral City O
City of Corona 7O
City of La Quinta O
City of Menifee ,0� C
City of Murrieta O
City of Temecula ; O
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE SIGN -IN SHEET
APRIL 13, 2011
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AGENDA ITEM 3
MINUTES
RIVERS/DE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
January 12, 2011
Minutes
1. CALL TO ORDER
The meeting of the Executive Committee was called to order by
Chair Greg Pettis at 9:03 a.m. in Conference Room A at the County of
Riverside Administrative Center, 4080 Lemon Street, Third Floor, Riverside,
California, 92501.
Commissioners Present Commissioners Absent
Marion Ashley
John J. Benoit
Bob Buster
Rick Gibbs
Terry Henderson
Darcy Kuenzi
Greg Pettis
Ron Roberts
Karen Spiegel
Jeff Stone*
John Tavaglione
*Arrived after the meeting was called to order.
2. PUBLIC COMMENTS
There were no requests to speak from the public.
3. APPROVAL OF MINUTES
M/S/C (Ashley/Roberts) to approve the minutes of December 8, 2010,
as submitted.
Abstain: Kuenzi
4. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
RCTC Executive Committee Minutes
January 12, 2011
Page 2
5. CLOSED SESSION — EXECUTIVE DIRECTOR
Conference with Labor Negotiatiors Pursuant to Section 54957.6
Agency Representative: Chair
Employee: Executive Director
There were no announcements from closed session items.
6. EXECUTIVE DIRECTOR — EMPLOYMENT CONTRACT
M/S/C IHenderson/Gibbs) to:
1) Approve an amendment to the Executive Director's employment
contract; and
2) Direct legal counsel to work with the Chair to finalize the
amendment and authorize the Chair to execute the amendment
on behalf of the Commission.
7. ADJOURNMENT
There being no other items to be considered, the Executive Committee
meeting adjourned at 9:12 a.m.
Respectfully submitted,
Osuf"`"-19-(L. HER xnOv----
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 5
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
April 13, 2011
TO:
Executive Committee
FROM:
Jennifer Harmon, Clerk of the Board
John Standiford, Deputy Executive Director
THROUGH:
Anne Mayer, Executive Director
SUBJECT:
Administrative Code Amendments
STAFF RECOMMENDATION:
This item is for the Committee to adopt Ordinance No. 1 1-001, 'An Ordinance
Amending the Riverside County Transportation Commission's Administrative
Code".
BACKGROUND INFORMATION:
With the exception of legal provisions explicitly stated in law, the Commission's
operations and day-to-day activities are governed by its Administrative Code. The
Administrative Code provides direction on issues including but not limited to
personnel, corporate powers, election of officers, contract administration, tort
procedures, committee composition and responsibilities, and meetings. Changes to
the Administrative Code are the responsibility of the Executive Committee and are
usually considered on an annual basis to ensure the code remains current with
Commission priorities.
During the last few months staff has been reviewing the Administrative Code to
determine if specific sections require updating or improvement and a number of
changes have been identified for the Executive Committee to consider in the
following areas.
Election of Officers — Commission Voting Procedures
Staff, with the assistance of legal counsel, has updated language regarding the
election of Commission officers. The previous version of the code lacked specifics
on the actual mechanics of how elections are conducted for the offices of Chair,
First Vice Chair, and Second Vice Chair. In most cases, one Commissioner is
nominated for each position, which tends to ease the process. When more than
one Commissioner is nominated, the procedures become increasingly important.
New language has been drafted that will provide for a balloting procedure. The
actual votes will be publicly disclosed as required by California law.
Agenda Item 5
Under the proposed procedure, 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.
Citizens Advisory Committee
State law requires the operation of a Citizens Advisory Committee (CAC) to provide
advice and comment on transit -related policies. CAC members are also asked to
participate in the evaluation of SB 821 Bicycle and Pedestrian Grant applications
and the recent Specialized Transit Call for Projects. The proposed language change
in the Administrative Code provides more flexibility in the number of CAC
members. Specifically, instead of requiring 15 CAC members, the updated
language allows up to 15 members while requiring participation from various
stakeholder groups that are identified in state law.
Technical Advisory Committee
State law provides for and mandates the provision of a Technical Advisory
Committee (TAC). In the Commission's case, the TAC plays a valuable role in
addressing and developing consensus on a variety of funding and policy issues. In
reviewing the existing language regarding the TAC, staff discovered a few areas
where the language needed an update. The changes include clarification of county
staff's participation, term of the officers, and the identification of the Caltrans
participant.
Commission Committee Membership
Staff recommends minor changes in the code to reflect the addition of new
incorporated cities in the county. The new cities change the number needed for
quorums and increases the number of Commissioners who can be appointed to
various committees. A slight change was also made to the subject matter under
each committee's purview in order to allow additional flexibility in the assignment
of committee items.
Claims Procedure
The proposed new language identifies a threshold that defines which claims must
be presented to the Commission for consideration. Claims that do not involve
wrongful death or personal injury of less than $100,000 would be addressed
administratively by the Executive Director or legal counsel.
Agenda Item 5
Procedures for Design Immunity
The proposed new language clearly outlines administrative procedures to be
followed by the Commission in accepting and approving design plans on
construction projects. The language is intended to limit the Commission's liability
while complying fully with state law.
Attachments:
1) Ordinance No. 11-001
2) Revised Administrative Code
Agenda Item 5
ORDINANCE NO. 11-001
AN ORDINANCE OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AMENDING THE COMMISSION'S ADMINISTRATIVE CODE
WHEREAS, the Riverside County Transportation Commission ("Commission")
is a public agency of the State of California formed under the County
Transportation Commission Act set forth in California Public Utilities Code Section
130000 et seq.; and
WHEREAS, the Commission has the power to adopt such rules and
regulations as it may deem necessary for the conduct of the Commission's affairs;
and
WHEREAS, the Commission has enacted and subsequently amended an
Administrative Code pursuant to California Public Utilities Code Section 130105(b)
for the purpose of setting forth the powers and duties of the Commission's
officers, the method of appointment of the Commission's employees, and methods,
procedures, and systems of operation and management of the Commission; and
WHEREAS, the Commission has determined that it is now necessary to
amend its Administrative Code to: 1) amend the election process for the Chair,
Vice Chair, and Second Vice Chair; 2) amend provisions relating to the Technical
Advisory Committee and the Citizens Advisory Committee; 3) change the number
of members and subject matter for the Budget and Implementation Committee, the
Eastern Riverside County Programs and Projects Committee, and the Western
Riverside County Programs and Projects Committee; 4) change the responsibility of
Executive Director for claims for physical personal injury; 5► memorialize the
Commission's Executive Director's existing the authority over plans or designs for
construction of, or improvement to, public property by the Commission in order to
affirm the assertion of the defense of design immunity as set forth in California
Government Code Section 830.6.
NOW, THEREFORE, the Riverside County Transportation Commission's Board
hereby ordains as follows:
Section 1. Article III, Section B shall be amended to read as follows:
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
17336.0000015778756.4 1
Commission at its first meeting in December for a one-year term. The
changes will be effective on January 1st.
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 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 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
17336.0000015778756.4 2
using a single written ballot. 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.
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
17336.00000\5778756_4 3
written ballots 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 annually
alternate between a regular member of the Commission representing a
city and 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 member of the Commission representing a city, the
Vice Chair shall be a regular member of the Commission who is a
member of the Riverside County Board of Supervisors and the Second
Vice Chair shall be a regular member of the Commission representing a
city. During the time in which the Chair is a regular Commission
member who is a member of the Riverside County Board of
Supervisors, the Vice Chair shall be a regular member of the
Commission representing a city and the Second Vice Chair shall be a
regular member of the Commission who is a member of the Riverside
County Board of Supervisors.
Section 2: Article III, Section E, Paragraph 5(j) shall be added to the
Administrative Code to read as follows:
(j) The Executive Director, or his or her designee, has the
discretionary authority of approval over all project designs or plans for
construction and the construction of all projects by the Commission as
set forth herein, unless the Commission finds otherwise.
Section 3: Article III, Section G, Paragraph 1(a) shall be amended to read as
follows:
(a) Membership. There is hereby created the Social Services
Transportation Advisory Council as required by Public Utilities Code ("PUC")
Section 99238. This committee shall also serve 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
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 Committee shall at minimum 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
handicapped;
17336.00000\5778756 4 4
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
handicapped, 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.
All members of the Committee 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 members shall serve at the will and pleasure of their nominating
authority and the Commission.
Section 4: Article III, Section G, Paragraph 2 shall be amended to read as
follows:
(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 County Council of Governments.
(5) One (1) member representing the Coachella Valley
Association of Governments.
(6) The District Directors of Caltrans District 8 or
designee.
17336.0000015778756.4 5
(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 appropriated to 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 represent 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)
year 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.
17336 0000015778756.4 6
Section 5: Article III, Section H, Paragraph 1(a) shall be amended to read as
follows:
(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 four (4) members being Eastern Riverside County regular members
of the Commission. For the purposes of this subsection (1), 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 to provide policy direction on countywide
transportation matters which will can include but is not limited to
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 at the offices of the Commission, unless
otherwise determined by the Committee or the Commission. 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.
Section 6: Article III, Section H, Paragraph 1(b)(1) shall be amended to read
as follows:
(1) The Eastern Riverside County Programs and Projects
Committee shall be composed of all of the regular members of the
Commission representing the Coachella Valley and Palo Verde Valley
area cities and, at the discretion of the Chair, one or both of the
Supervisors representing some or all of those areas. Subject to
supervision by the Commission, the jurisdiction of the Committee shall
be to provide policy direction on transportation projects and programs
that impact the Coachella Valley and Palo Valley Verde areas of the
county. The subject matter can include, but is not limited to: capital
17336 00000 57713756.4 7
projects, communications and outreach programs, transit projects,
intermodal programs, motorist services, new corridors, regional
agencies/regional planning, Regional Transportation Improvement
Program (RTIP), and State Transportation Improvement Program (STIP)
related to the Coachella and Palo Verde Valleys, and other areas as
may be prescribed by the Commission. Meetings shall be held at
10:30 a.m. or directly following the meeting of the Coachella Valley
Association of Governments Transportation Committee on the first
Monday of the month, except when the first Monday and second
Wednesday fall in the same week, at the offices of the Coachella
Valley Association of Governments, unless otherwise directed by the
Committee or the Commission. 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.
Section 7: Article III, Section H, Paragraph 1(b)(2) shall be amended to read
as follows:
(2) 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 which impact Western Riverside County. The
subject matter may include, but is not limited to: air quality, capital
projects, communications and outreach programs, 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 at the offices of the Commission unless otherwise directed by
the Committee or the Commission. At any regular meeting not yet
convened because of the lack of a quorum, the committee members
17336.00000157787564 8
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
Section 8: Article IX, Section D, Paragraph 3 shall be amended to read as
follows:
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.
Section 9: Article X shall be added to the Administrative Code to read as
follows:
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
17336.0000015778756.4 9
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.
APPROVED AND ADOPTED this 13th day of April, 2011.
ATTEST:
Jennifer Harmon
Clerk of the Board
17336.00000\5778756.4
Gregory S. Pettis, Chair
Riverside County Transportation Commission
10
EXHIBIT "A" TO ORDINANCE 98-0021
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.
a.
ARTICLE II
MEMBERSHIP
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 3Z33 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.
c. ALTERNATE MEMBERS.
1. The Riverside County Board of Supervisors shall establish a
'Revised per Ordinance Nos. 99-001, 99-002, 00-01, 00-02, 01-001, 04-001, 04-002,
04-003, 05-001, 06-001, 07-001, 08-001, 08-002, 09-001, and 10-001; Resolution Nos. 04-016
and 05-003; and Commission action on September 13, 2000.
RVPUB\SDEBAUN\696487.1 1
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
Commission 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 Commission 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 II.C, 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 Commission. Such resignation
shall be effective at the time specified; acceptance of such resignation shall not be necessary to
make it effective.
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
RVPUBISDEBAUN\696487.1 2
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.
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.
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 his-er--herthe 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 for a one-year term.
The changes will be effective on January 1st.
The election for each position is as follows:
RVPUBISDEBAUM696487.1 3
(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 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 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.
RVPUBISDEBAUM696487.1 4
(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. 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.
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.
RVPUBISDEBAUM696487.1 5
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 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 annually alternate between a regular
member of the Commission representing a city and 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 member of the Commission representing a city, the Vice Chair shall be a regular member
of the Commission who is a member of the Riverside County Board of Supervisors and the
Second Vice Chair shall be a regular member of the Commission representing a city. During the
time in which the Chair is a regular Commission member who is a member of the Riverside
County Board of Supervisors, the Vice Chair shall be a regular member of the Commission
representing a city and the Second Vice Chair shall be a regular member of the Commission who
is a member of the Riverside County Board of Supervisors. "
C. APPOINTMENT OF EXECUTIVE DIRECTOR, GENERAL COUNSEL AND
FISCAL OFFICER. The Executive Director, General Counsel, Fiscal Officer, and such other
officers as the Commission may deem necessary shall be appointed by the affirmative votes of a
majority of the Commission.
D. REMOVAL OF OFFICERS. Officers 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.
RVPUBISDEBAU111696487.1 6
E. 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. 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.
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 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.
RVPUBISDEBAUN1696487.1 7
(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.
0)
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.
a) 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
RVPUB\SDEBAUN\696487.1 8
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 Fiscal Officer. The Fiscal Officer, under the general direction of
the Executive Director, shall be the custodian of funds received from the Commission from
whatever source. The Fiscal Officer 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) Execute a bond with one or more corporate sureties approved by
the Commission in the sum of two hundred fifty thousand dollars ($250,000.00) payable
to the Commission and conditioned upon the faithful performance of the duties of the
office, and the payment of money received by him or her according to the law and the
orders of the Commission. The Commission may at any time require a new bond from
the Fiscal Officer in such sum and in such form as may then be determined by the
Commission. In the event that the person appointed as Fiscal Officer is also an officer of
a governmental agency who is charged with execution of duties for said agency, similar
to those herein established, for which he or she must maintain an official bond, said
officer may upon Commission approval stand on his or her official bond in lieu of the
above -mentioned bond provided that the bond being provided is for the same amount and
for the same duties as those of Fiscal Officer to the Riverside County Transportation
Commission as set forth in this Section E.6 of Article III of this Code.
(d) Prepare or cause to be prepared a report in writing on the first day
of July, October, January and April of each year to the Commission detailing the amount
RVPUBISDEBAUM696487.1 9
of money held, the amount and source of receipts since the last report, and the amount
and recipient of amounts paid out since the last report.
(e) 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.
F. 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.
G. APPOINTMENT OF ADVISORY COMMITTEE.
1. Social Services Transportation Advisory Council/Citizens' Advisory
Committee.
(a) Membership. There is hereby created the Social Services
Transportation Advisory Council as required by Public Utilities Code ("PUC") Section
99238. This committee shall also serve 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 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 Committee 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 handicapped;
3) Two (2) representatives of the local social service providers for seniors,
including one representative of a social service transportation provider, if
one exists;
RV PUBISDEBAUM696487.1
10
4) Two (2) representatives of local social service providers for the
handicapped, 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.
All members of the Committee 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 members shall serve
at the will and pleasure of their nominating authority and the Commission.
(b) Function. Subject to the supervision of the Commission, the
Committee 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 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 Committee, setting the time and place of said meeting(s) and
designating the agenda from any meetings so called. The Chair of the Committee,
elected pursuant to this Section G(1)(f) below, may also call meetings of the Committee,
setting the time, place, and agenda for such meetings. The Committee may also hold
subcommittee meetings of any subcommittees it establishes.
(d) Assistance. The staff of the Commission shall be available to aid
the Committee in its work.
(e) Compensation. Members of the Committee shall serve without
compensation.
RV PUMSDEBAUN1696487.1
11
(0 Officers. The Committee 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 Planning
(2) Onc O member repfcse► Ling the County Administrative
Officer.
(31) One (1) member representing the County
Transportation Department.
(42) One (1) member representing each City in the County
which designates such a representative.
W) One (1) member representing the Riverside Transit
Agency.
(64) One (1) member representing the Western
Riverside County Council of Governments.
(45.) One (1) member representing the Coachella Valley
Association of Governments.
($0 The District Directors or designee of Caltrans Districts 8
and 11.
(4Z) One (1) member representing the SunLine Transit Agency.
(19,8) One (1) member representing the Palo Verde Valley Transit
Agency.
T
o
RVPUBISDEBAUM696487 I 12
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
CMAQ/STP projects programming of federal funds apportioned to the Riverside County
and allocated by the Commission. Du ig t`t` ^ ^' ^ -atie . C the Regi ...^,
Tfanepertatien Imprevement Pregra~~ c rn c^ l^ Fund Su ^efn f inee e f ,l.^
Goninnnee-shall-be-fonned-te recommend the funding of selected STP projects to the
� �
cviirinrsrimr.
(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.
(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 one (1) year two (2) years and
thereafter until his or her successor is elected. r er-ett fiat se_- e Committee support
shall be provided by the Commission staff.
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
RV PUBISDEBAUM6%487.1
13
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.
H. 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 ten (10)nine (9) members being Western Riverside County regular
members of the Commission and at least five (5)four (4) members being Eastern
Riverside County regular members of the Commission, for a total of fifteen (15) regular
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 at the offices of the Commission, unless
otherwise determined by the Committee or the Commission. 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
RVPUMSDEBAUN1696487.1 14
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) Programs and Projects Committees. The following Programs and
Projects Committees are hereby created:
(1) The Eastern Riverside County Programs and Projects
Committee shall be composed of all of the regular members of the Commission
representing the Coachella Valley and Palo Verde Valley area cities and, at the
discretion of the Chair one or both of the Supervisors representing some or all of
those areas. Fe fth ft * c
� b
Subject to supervision by the Commission, the jurisdiction of the Committee shall
be to provide policy direction on transportation projects and programs that impact
the Coachella Valley and Palo Valley Verde areas of the county. The subject
matter may include, but is not limited to as-fellews: air quality, capital projects,
communications and outreach programs, Congestion Management Program
(CMP), specific transit projects, intermodal programs, motorist services (ic.
SAFE), new corridors, regional agencies/regional planning, Regional
Transportation Improvement Program (RTIP), and State Transportation
Improvement Program (STIP) related to the Coachella and Palo Verde Valleys,
and other areas as may be prescribed by the Commission. Meetings shall be held
at 10:30 a.m. or directly following the meeting of the Coachella Valley
Association of Governments Transportation Committee on the first Monday of the
month, except when the first Monday and second Wednesday fall in the same
week, at the offices of the Coachella Valley Association of Governments, unless
R VPUBISDEBAUN1696487.1
15
otherwise directed by the Committee or the Commission. 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.
(2) The Western Riverside County Programs and Projects
Committee shall be composed of up to twelve (12) ten (10) Western Riverside
County regular members of the Commission selected by the Chair,, :..,.'.fie
Fifth District Supervisor. 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 toes —fellows: ws: air quality, capital
projects, communications and outreach programs,
Program (CMP), specific transit projects, intermodal programs, motorist services
(ic. SAFE/Freeway Service Patrol), 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 at the offices of the Commission unless
otherwise directed by the Committee or the Commission. At any regular meeting
not yet convened because of the lack of a quorum, the committee members who
RV PUBISDEBAUN1696487.1
16
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.
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. (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.
RVPUBISDEBAUN1696487.1 17
(5) Two regular members of the Commission representing the
cities of Corona, Moreno Valley, Murrieta, Riverside, and Temecula.
(6) A regular member of the Commission representing one of
the following cities: Banning, Beaumont, Calimesa, Canyon Lake, Hemet, Lake
Elsinore, Menifee, 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 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 H.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 H.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
RVPUBISDEBAUN1696487.1
18
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 H.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 H.3(a)
above.
4. The Conunission'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.
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 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. 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
RV PUBISDEB AUN1696487.1
19
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.
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. 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. Sixteen 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,
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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 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 Board of Supervisors, 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 June 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.
F. 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).
G. 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 Commission prior to the start of the agenda
item upon which he or she wishes to be heard. 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,
R V PUBISDEBAUN1696487.1
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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.
H. 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.
RV PUBISDEBAUM696487.1
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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. 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) of the Public Utilities Code.
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 published pursuant to
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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
TORT 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
"ROTC") and allow it to act upon the claim? (See page 5, below, for Sample RCTC
Claim Form.)
B. 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.
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.)
RVPUBISDEBAUN1696487.1
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(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.
(i) 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.
(0 The signature of the claimant or his or her representative.
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.
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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.
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))
RVPUB\SDEBAUN\696487.1
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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.)
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;
RVPUBISDEBAUM696487.1
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(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.
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,
RV PUB\ SDEBAUN1696487.1
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(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 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
1. This Tort Claims Policy is intended to reflect the requirements set forth in the
California Tort Claims Act (Gov. Code §§ 900 et seq.). RCTC intends to
periodically update this Policy, however, 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.
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 on a particular claim.
RV PU6I.SDEBAUN1696487.1
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CLAIM FORM
A claim shall be uresented by the claimant or by a person actin e 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 toss, 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.
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SAMPLE LETTER RE REJECTION ON THE MERITS
THIS LE 1"1'ER SHOULD BE TYPED ON RCTC LETTERHEAD
AND USED TO NOTIFY A POTENTIAL CLAIMANT THAT
HIS/IJER 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.
Dear. ]:
Thank you for your recently submitted claim in the matter of
r a ".�
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
aA was rejected (or allowed in the amount of $ and rejected
as to the balance) on p }` �, � : (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
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Dear
SAMPLE LETTER RE INSUFFICIENT CLAIM FORM
THIS LEI 1ER SHOULD BE TYPED ON RCTC LETTERHEAD
AND USED TO NOTIFY POTENTIAL CLAIMANTS OF
INSUFFICIENCIES IN CLAIMS FILED
Re: Notice of Insufficiency of Claim Filed
with the Riverside County Transportation Commission
Your claim which was received by the Riverside County Transportation Commission on
deiiji failed to comply substantially with the California Government Code. It was insufficient for
the following reason(s):
for iffy
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
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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 a
The claim (or material) which ou resented to the Riverside County Transportation
Commission ("RCTC") on 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
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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
Re: Denial of Application for Leave
to Present a Late Claim to the
Riverside County Transportation Commission
Dear i
Your Application for Leave to Present a Late Claim is denied by the Riverside County
Transportation Commission as of
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
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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 d)
Dear
Re: Return of Application for Leave to Present
a Late Claim to the Riverside County Transportation Commission
The Application for Leave to Present a Late Claim which you presented to the Riverside County
Transportation Commission on `' 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
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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 iudgment as a reasonable employee and approve such
plans.
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AGENDA ITEM 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
April 13, 2011
TO:
Executive Committee
FROM:
Marlin Feenstra, Project Delivery Director
THROUGH:
Anne Mayer, Executive Director
SUBJECT:
New Staff Position
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Establish a Capita► Projects Contracts and Claims Manager position on Range
11, ($7,910 - $10,678 per month). This position will be responsible for
construction contracts and claims administration; and
2) Approve the revised organization chart to reflect the proposed change.
BACKGROUND INFORMATION:
At its December 13, 2006 meeting, the Commission adopted the 2009 Measure A
Western County Highway 10-Year Delivery Plan (Delivery Plan). Several projects in
the Delivery Plan are nearing or have entered the construction phase. Additionally,
the Commission continues the delivery of 1989 Measure A projects, which are now
entering construction. The risks associated with rapid and consistent response to
issues that arise during construction are sufficient to warrant a dedicated
construction contracts and claims manager to achieve continuous improvement of
the construction contracts and claims process and to keep up to date on current
claim related trends in the construction industry. In addition, the state of California
is releasing a revised Standard Specification for highway construction, which will
require the Commission to update its own standard contract language and general
conditions language over the next year.
The implementation of the Delivery Plan has an agency -wide impact. Consistent
with budget policy, the majority of support resources will be provided by
consultants at both the project and program levels. Even with the consultant
support, existing staff levels are unable to effectively manage the construction
contracts and claims process. Staff is recommending the addition of 1.0 full-time
equivalent to the Commission's organization.
Agenda Item 6
Capital Projects Contracts and Claims Manager
This position will primarily be responsible for the preparation of construction
contracts for major projects in which the Commission is the lead agency, as well as
the continual improvement and refinement of the Commission's contract and
general conditions for such projects. This position will be the Commission's lead
for dealing with claims that arise during construction and the processing of claims.
It is proposed to fill this position FY 201 1 /12.
The approval of this position is requested in preparation of the FY 2011 /12 budget
process to provide sufficient time to recruit and hire. The FY 201 1 /12 budget will
assume this position is filled on July 1, 2011.
Financial Information
In Fiscal Year Budget:
N/A
Year:
FY 2011/12
Amount:
$175,700
Source of Funds:
2009 Measure A Western County
Highway
Budget Adjustment:
No
GL/Project Accounting No.:
262 31 60001 5115,800
262 31 61401 $58,900
Fiscal Procedures Approved:
\ite,L,„"414.2.4
Date:
04/05/11
Attachments:
1) Capital Projects Contract and Claims Manager Job Description
2) Organization Chart
Agenda Item 6
Job Description/Class Specification: Capital Projects Contract and Claims Manager Page 1
Capital Projects Contract and Claims Manager
Department/Division: Capital Projects
Reports To: Project Delivery Director
Supervises: N/A - provides technical direction
Pay Status: Range 11
Date Prepared: March 24, 2011
K1Current Job DescnplionsWpdaled Job DescdpbonslCapital Projects Contract & Claims
Manager_2011.doc
Job Content
Job Summary:
Under general supervision, plans, organizes, and supports major transportation
construction project contracts from the initial bid process through the project delivery
process; assists in preparing construction bid documents and contracts to ensure
compliance with California public contract codes, the Department of Transportation,
and industry standards; ensures compliance with contractual terms and conditions
and identifies areas of non-compliance and potential claims; performs other related
work as necessary.
Examples of Essential Functions:
1. Plans, organizes, and manages the contract and claims process for major
transportation construction projects that may be associated with but not limited
to Measure A, the State Transportation Improvement Program (STIP), and
federal funding sources.
2. Assists in compiling and preparing construction bid documents by providing
support in developing the capital projects request for proposals (RFPs),
Job Description/Class Specification: Capital Projects Contract and Claims Manager Page 2
answering bidder questions, and producing bid addenda to clarify important
details.
3. Prepares complex construction contracts, amendments, terminations, and close-
outs. Ensures the terms and requirements meet the California public contract
codes, the Department of Transportation requirements, and industry standards.
Coordinates the negotiations of all construction contracts and disputes.
Maintains the Commission standard construction contract general conditions
based on state specification updates and construction industry trends.
4. Analyzes and evaluates construction -related claims and disputes. Assesses or
validates entitlement and quantification of damages thus promoting a successful
resolution in an efficient and timely manner.
5. Oversees the review, documentation, and approval of claims and invoices
submitted against construction contracts.
6. Monitors compliance to contract requirements and identifies areas of non-
compliance and potential claims. Interprets and applies contracting principles,
applicable laws, regulations, and policies and procedures.
7. Initiates and/or conducts meetings with contractors concerning construction
contractual issues.
8. Attends and participates in monthly commission, committee, joint powers,
governmental, staff, and citizen advisory meetings; presents awards,
amendments, and other contract changes to the management team and
Commissioners.
9. Prepares or directs the preparation of various periodic and special reports;
assists in providing training and mentoring to lower level staff; makes
recommendations for improving operating procedures and policies.
The preceding functions have been provided as examples of the types of work performed by
employees assigned to this job classification. Management reserves the right to add, modify, change
or rescind the work assignments of different positions and to make reasonable accommodations so
that qualified employees can perform the essential functions of the job.
Significant Relationships: This position interacts routinely with internal staff,
Commissioners, Caltrans staff, local government staff, consultants, construction
contractors, and legal counsel.
Qualifications Guidelines
Education/Training/Experience:
Job Description/Class Specification: Capital Projects Contract and Claims Manager Page 3
Required: A Bachelor's degree in Engineering, Planning, Public Administration,
Business, or a closely related field. Five or more years of professional experience
involving construction contract administration, program evaluation, project
management, and various contract and administrative analyses, including
experience involving transportation programs.
Desirable: California Professional Engineer. Specialized coursework or training in
construction program evaluation, project management, project scheduling,
budgetary planning, cost accounting, and the use of various applications programs
for presentation purposes that are typically part of a Master's degree or continuing
education curriculum.
Knowledge: Principles and practices used in the acquisition of professional
construction services in accordance with current California public contract codes,
the Department of Transportation Standard Specification for highway construction,
federal, local agency, and industry standards; laws and ordinances regulating
building construction; quantitative and program analysis methods and techniques;
negotiating methods, report writing and interpreting contractual agreements, and
presentation techniques; customer relations techniques; computer hardware and
software including graphics, spreadsheet, word processing and Internet applications
programs.
Skills/Abilities: Research, interpret, and apply applicable federal, state, and local
laws, codes and regulations to construction contracts; prepare and compose
contracts, change orders, bid documents, and specifications; negotiate contracts
and contract changes and resolve contractual disputes; conduct analyses, prepare
various reports, and make recommendations; analyze and solve problems; make
effective oral and written presentations; plan, organize, and complete work within
established deadlines; coordinate work and provide technical direction to staff;
operate personal computer and standard office equipment; establish and maintain
effective communications with staff, consultants, vendors, management, public and
private representatives, and other parties.
Physical Elements: This classification works mainly in an office environment with
moderate noise levels, controlled temperature conditions and no direct exposure to
hazardous physical substances, but will occasionally conduct meetings and site
visits at the project location. Finger dexterity is needed to access, enter and retrieve
data using a computer keyboard or calculator and to operate standard office
equipment. The position occasionally bends, stoops, reaches, pushes and pulls
drawers to retrieve and file information and lifts and carries reports and records that
typically weigh less than 40 pounds.
Special Requirements: Possession of a valid Class C or Class 3 California driver's
license and an acceptable driving record in order to attend a variety of meetings on
behalf of the agency.
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