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EXECUTIVE COMMITTEE
SPECIAL MEETING AGENDA
TIME: 8:30 a.m.
DATE: Wednesday, April 11, 2018
LOCATION: CONFERENCE ROOM A
County of Riverside Administrative Center
4080 Lemon Street, Third Floor, Riverside
COMMITTEE MEMBERS
Dana Reed, City of Indian Wells – Chair
Chuck Washington, County of Riverside, District 3 – Vice Chair
Ben Benoit, City of Wildomar – Second Vice Chair
John F. Tavaglione, County of Riverside, District 2 – Past Chair
Karen Spiegel, City of Corona
Michael Wilson, City of Indio
Rick Gibbs, City of Murrieta
Kevin Jeffries, County of Riverside, District 1
V. Manuel Perez, County of Riverside, District 4
Marion Ashley, County of Riverside, District 5
AREAS OF RESPONSIBILITY
Reviews and makes final decisions on personnel issues
and office operational matters.
COMM-EC-00035
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
SPECIAL MEETING AGENDA
8:30 A.M.
WEDNESDAY, APRIL 11, 2018
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.org.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need
special assistance to participate in an Executive Committee meeting, please contact the Clerk of the Board
at (951) 787-7141. Notification of at least 48 hours prior to meeting will assist staff in assuring that
reasonable arrangements can be made to provide accessibility at the meeting.
1. CALL TO ORDER
2. PUBLIC COMMENTS
3. APPROVAL OF THE MINUTES – DECEMBER 13, 2017
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.
RCTC Executive Committee Special Meeting Agenda
April 11, 2018
Page 2
5. RIVERSIDE OFFICE SUITE
Overview
This item is for the Committee to:
1) Ratify execution of Lease Agreement No. 03-12-018-02, Amendment No. 2
to Agreement No. 03-12-018-00, with the County of Riverside (County) for
the occupancy of the office suite (19,270 square feet) located at 4080 Lemon
Street, 3rd floor, Riverside, California 92501 (Riverside Office) for a 10-year
term in a monthly amount of $44,128 with an annual increase of three
percent and a one-time tenant improvement cost of $168,673; and
2) Authorize the Executive Director to procure and execute agreements,
subject to legal counsel review, for improvements to and new furnishings
for the original office suite for an amount not to exceed $276,000.
6. PROPOSED COMMITTEE RESTRUCTURING AND ADMINISTRATIVE CODE CHANGES
Overview
This item is for the Committee to:
1) Review and approve disbanding the Eastern Riverside County Programs
and Projects Committee;
2) Approve the formation of a standing Toll Policy and Operations
Committee;
3) Restate and clarify Executive Committee membership;
4) Amend dated language pertaining to the Commission’s Fiscal Officer;
and
5) Forward to the Commission for final action.
7. CLOSED SESSION – 2018 CLASSIFICATION AND COMPENSATION STUDY AND FISCAL YEAR
2018/19 ORGANIZATION
7A. Conference with Labor Negotiators Pursuant to Section 54957.6
Agency Designated Representatives: Executive Director
Unrepresented Employees: All Commission employees other than Executive Director
2018 Classification and Compensation Study Recommendations and
Fiscal Year 2018/19 Organization Recommendations
8. ADJOURNMENT
AGENDA ITEM 3
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
MEETING MINUTES
DECEMBER 13, 2017
1. CALL TO ORDER
The meeting of the Executive Committee was called to order by Chairman John Tavaglione
at 9:02 a.m. in Conference Room A at the County of Riverside Administrative Center
4080 Lemon Street, Third Floor, Riverside, California, 92501.
ROLL CALL
Commissioners Present Commissioners Absent
Ben Benoit* Marion Ashley
Rick Gibbs Kevin Jeffries
Scott Matas V. Manuel Perez
Dana Reed Michael Wilson
Karen Spiegel
John Tavaglione
Chuck Washington
*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 (Gibbs/Reed) to approve the minutes of October 11, 2017 meeting as
submitted.
4. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
5. CLOSED SESSION – EXECUTIVE DIRECTOR
5A. Public Employee Performance Evaluation
Title: Executive Director
RCTC Executive Committee Meeting Minutes
December 13, 2017
Page 2
5B. Conference with Labor Negotiators Pursuant to Section 54957.6
Agency Representative: Chair or Designee
Employee: Executive Director
There were no announcements from the Closed Session items.
6. EXECUTIVE DIRECTOR – EMPLOYMENT CONTRACT
M/S/C (Gibbs/Reed) 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 9:30 a.m.
Respectfully submitted,
Tara Byerly
Deputy Clerk of the Board
AGENDA ITEM 5
Agenda Item 5
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 11, 2018
TO: Executive Committee
FROM: Gary Ratliff, Facilities Administrator
Marlin Feenstra, Project Delivery Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Riverside Office Suite
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Ratify execution of Lease Agreement No. 03-12-018-02, Amendment No. 2 to Agreement
No. 03-12-018-00, with the County of Riverside (County) for the occupancy of the office
suite (19,270 square feet) located at 4080 Lemon Street, 3rd floor, Riverside, California
92501 (Riverside Office) for a 10-year term in a monthly amount of $44,128 with an
annual increase of three percent and a one-time tenant improvement cost of $168,673;
and
2) Authorize the Executive Director to procure and execute agreements, subject to legal
counsel review, for improvements to and new furnishings for the original office suite for
an amount not to exceed $276,000.
BACKGROUND INFORMATION:
The County and the Commission entered into a lease agreement, dated October 8, 2002, for an
initial 10-year term pursuant to which the County leased to the Commission the Riverside Office
consisting of 14,386 square feet. The monthly cost was $2.08 per square foot with a two percent
annual cost increase. The County and the Commission exercised the first amendment to extend
the lease for an additional five-year period in December 2012, at a monthly cost of $2.12 per
square foot with an annual cost increase of two percent.
When the Commission moved to the Riverside Office, there was adequate space for Commission
staff and Bechtel capital program management staff to be co-located. However, as the
Commission prepared to implement the 2009 Measure A Expenditure Plan and increased the
size of its professional and technical staff, the Riverside Office could no longer accommodate all
Commission staff as well as Bechtel staff. In 2008 Bechtel leased office space on Vine Street in
Riverside for its staff as well as most of the Commission’s project delivery staff. While these two
locations have provided adequate working space for collaboration, there have been some
operational inefficiencies related to technology, project planning, and time management.
Agenda Item 5
Additionally, the current Riverside Office space is once again at maximum occupancy and the
Vine Street lease is currently on a month-to-month basis.
When advised that the Western Riverside Council of Governments (WRCOG) was considering
relocating to new office space in Riverside, Commission management expressed interest in
leasing WRCOG’s office space to resolve these issues and commenced negotiations with the
County to amend the lease. At the end of December 2017, WRCOG vacated the 4,884 square
feet of office space adjacent to the Commission’s Riverside Office. Staff inspected the vacant
office space and determined that it was sufficient to relocate the Commission and Bechtel staff
from the Vine Street office in its current configuration.
In order to commence efforts to timely prepare the new space for Commission and Bechtel staff,
the Executive Director executed the second lease amendment. Staff recommends that the
Executive Committee ratify execution of the second lease amendment.
The amended lease extends the term of the lease by 10 years, expands the square footage from
14,386 to 19,270 square feet, and provides for 10 reserved parking spots at a new first year
monthly cost of $44,128 with a three percent annual increase. It also includes minimal tenant
improvements at the Commission’s cost for an amount not to exceed $168,673 payable to the
County upon substantial completion and approval of the requested improvements. The tenant
improvements include new paint, carpet, and construction related to a pass-through door to the
existing space and wall reconfiguration. The expanded space will allow for effective and efficient
office space planning and day-to-day operations to meet the Commission’s needs. Funding for
the lease payments and the tenant improvements was included in the Fiscal Year 2017/18
budget approved by the Commission in June 2017.
In connection with the expanded office space, Commission management recommends the
existing space, which has not been updated in terms of appearance or furnishings since 2002,
receive similar and complimentary improvements such as new paint, carpet and more efficient
and ergonomic furnishings. The County, as the lessor, will complete these tenant improvements
under a purchase order. Ergonomic furnishings will be procured by piggy-backing on the
County’s pre-selected and competitively procured bench of contracted firms. Staff used the
County’s bench to select a vendor to provide space planning services and furnish the new space;
accordingly, staff intends to utilize this same vendor in order to achieve a consistent design
within the entire office space. Staff recommends that the Executive Committee authorize the
Executive Director to award and execute the related agreement(s) for the existing space office
furnishings for an amount not to exceed $276,000.
Agenda Item 5
Financial Information
In Fiscal Year Budget:
Yes
Yes
N/A
N/A
Year:
FY 2017/18
FY 2017/18
FY 2018/19
FY 2018/19
through FY 2027
Amount:
$21,000 Lease increase
$168,673 Tenant Improvements
$276,000 Furnishings
$545,426 Annual lease cost
(excluding 3% annual increase)
Source of Funds:
Measure A and Local
Transportation Fund administrative
allocations
Budget Adjustment:
No
No
N/A
N/A
GL/Project Accounting No.:
001001 73001 00000 0001 101 12 73001 Lease expense
001001 90101 00000 0001 101 12 90101 Furniture
001001 90501 00000 0001 101 12 90501 Improvements
Fiscal Procedures Approved: Date: 04/02/2018
Attachment: Draft Agreement No. 03-12-018-02
Agreement No. 03-12-01 -02
1
2
SECOND AMENDMENT TO LEASE
3 THIS SECOND AMENDMENT TO LEASE ("Second Amendment") dated as of
4 , is entered by and between COUNTY OF RIVERSIDE, a
5 political subdivision of the State of California, ("County") and RIVERSIDE COUNTY
6 TRANSPORT ATION COMMISSION, a county transportation commission ("Lessee").
7 County and Lessee are hereinafter collectively referred to as the "Parties".
8 RECITALS
9 A. County and Lessee have entered into a lease, dated October 8, 2002,
10 (the ("Original Lease") pursuant to which County has agreed to lease to Lessee and
11 Lessee has agreed to lease from County space within that certain building located at
12 4080 Lemon Street, Third Floor, Annex, Riverside, California 92501, as more
13 particularly described in Exhibit A of the Original Lease.
14 B. The Parties amended the Original Lease by that certain First Amendment
15 to Lease dated December 18, 2012, between County and Lessee, whereby the Parties
16 amended the Original Lease to extend the term and revise the amount of the annual
17 rent increase.
18 c. The Parties now desire to amend the Original Lease to extend the term of
19 the Lease, expand the square footage and increase the annual escalator.
20 NOW THEREFORE, for good and valuable consideration the receipt and
21 adequacy of which is hereby acknowledged, the Parties agree as follows:
22 1. TERM. Section 4.1 of the Original Lease is deleted and replaced with the
23 following language: The term of this Lease shall be extended for ten (10) years
24 commencing upon October 26, 2017 and terminating on October 25, 2027.
25 2. DEFINED. Section 2.2 of the Original Lease is hereby deleted in its entirety and
26 replaced with the following:
27 2.2 Defined. The Premises shall consist of that certain portion of the Project,
28 as defined herein, and as shown on Exhibit "A-1", including all improvements therein or
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1 to be provided by County under the terms of this Lease, and commonly known as 4080
2 Lemon Street, Third Floor, Annex, located in the City of Riverside, State of California,
3 and generally described as office space consisting of approximately 19,270 square
4 feet, including the common core areas, as shown on the floor plan attached as Exhibit
5 "A -1 ". In addition, Lessee shall be entitled to six (6) reserved parking spaces, all of
6 which shall be located in the parking structure adjacent to the County Administrative
7 Center, as set forth on attached Exhibit "H". Lessee has not been granted any
8 easements of light, air, or access. Lessee's rights are limited to the use and
9 occupancy of the Premises and the right to use the Common Areas, as defined herein,
10 as they may exist from time to time, all subject to the terms, covenants, conditions, and
11 provisions of this Lease. The Premises, the building, the Common Areas, the land
12 upon which they are located, along with all other buildings and improvements thereon,
13 are herein collectively referred to as the "Project".
14 3. RENT. Section 5.1 of the Original Lease is deleted and replaced with the
15 following:
16 Lessee shall pay the sum of $44, 128.30 per month to County as rent ("Rent") for
17 consideration and occupancy of the Premises, payable, in advance, on the first day of
18 the month; provided, however, in the event Rent is owing which is for less than one (1)
19 full calendar month, said Rent shall be pro-rated based upon the actual number of days
20 of said month. Said Rent shall commence upon acceptance of the Additional
21 Improvements by Lessee ("Rent Commencement Date"). The Rent shall be increased
22 annually on each anniversary of the Rent Commencement Date by an amount equal to
23 three percent (3%) of such Rent.
24 4. TENANT IMPROVEMENT REIMBURSEMENT. Section 10.1 of the Original
25 Lease is hereby amended by adding the following:
26 10.1.4 County shall complete the leasehold improvements within the expansion
27 space as set forth in Exhibit "I" ("Additional Improvements"), attached hereto and
28 incorporated herein by reference. The Additional Improvements shall be at Lessee's
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1 sole cost and expense. Upon completion and acceptance of all Additional
2 Improvements, County shall provide Lessee with an itemized invoice for the costs of
3 the Additional Improvements. Lessee shall reimburse County for said costs within
4 thirty (30) days of receipt of County's invoice.
5 5. EXHIBITS "A-1" and "I". Exhibit "A" of the Original Lease is hereby replaced
6 with the Exhibit "A-1" attached hereto. The Original Lease is also hereby amended by
7 adding the Exhibit "I" attached hereto.
8 6. CAPITALIZED TERMS; SECOND AMENDMENT TO PREVAIL. Unless defined
9 herein or the context requires otherwise, all capitalized terms herein shall have the
10 meaning defined in the Original Lease, as heretofore amended. The provisions of this
11 Second Amendment shall prevail over any inconsistency or conflicting provisions of the
12 Original Lease.
13 7. MISCELLANEOUS. Except as amended or modified herein, all the terms of the
14 Original Lease shall remain in full force and effect and shall apply with the same force
15 and effect. Time is of the essence in this Second Amendment and the Original Lease
16 and each and all of their respective provisions. Subject to the provisions of the Original
17 Lease as to assignment, the agreements, conditions and provisions herein contained
18 shall apply to and bind the heirs, executors, administrators, successors and assigns of
19 the Parties hereto. If any provisions of this Second Amendment or the Original Lease
20 shall be determined to be illegal or unenforceable, such determination shall not affect
21 any other provision of the Original Lease and all such other provisions shall remain in
22 full force and effect. The language in all parts of the Original Lease shall be construed
23 according to its normal and usual meaning and not strictly for or against either County
24 or Lessee. Neither this Second Amendment, nor the Original Lease, nor any notice nor
25 memorandum regarding the terms hereof, shall be recorded by Lessee.
26 8. EFFECTIVE DATE. This Second Amendment to Lease shall not be binding or
27 consummated until its approval by the Riverside County Board of Supervisors and fully
28 executed by the Parties.
Page 3 ofS
Updated 0812010
1 IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of
2 the date first written above.
3
4 Dated:.
________
_
5
6 COUNTY:
COUNTY OF RIVERSIDE, a political 7 subdivision of the State of California
8
9
10
11
By: _________ _
Chuck Washington, Chairman
Board of Supervisors
12 ATTEST:
Kecia Harper-lhem
13 Clerk of the Board
14 By: _________ _ 15 Deputy
16
17 APPROVED AS TO FORM:
Gregory P. Priamos
18 County Counsel
19
20
21
22
By: _________ _
Thomas Oh
Dep uty County Counsel
23 CC:ra/022118/RV265 RCTC/19.135
24
25
26
27
28
LESSEE:
RIVERSIDE COUNTY TRANSPORTATION
COMMlSSION, a county transportation
commfss}bn
e./)/ffi rt�'-"' Anne Mayer, Executive Officer
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1
2
3
4
5
6
7
1. County Design
2. Project Management
3. County Administration
4. Paint
5. Carpet
EXHIBIT "I"
LEASEHOLD IMPROVEMENTS
6. Door Opening between Suites
$10,000.00
$18,913.00
$ 8,000.00
$23,423.00
$51,779.00
$ 5,033.00
$ 3,525.00
$18,000.00
$30,000.00
7. Wall Configuration
8. Electrical Drops
9. Project Contingency
Total $168,673.00
8 Leasehold Improvement Descriptions:
9 1. County Design fees: Architectural, Engineering, City plan check and permit fees.
10 2. Project Management: Project Management Labor.
11 3. County Administration: Plan check, County Inspection, County Counsel fees, and
12 specialty consultants if required.
13 4. Paint specifications: to match existing
14 5. Carpet specifications: Carpets by Shaw, type -carpet tile, style number 59340, color -
15 harboring desire #40485, multilevel pattern loop with lifetime commercial limited
16 warranty. Cost includes delivery, labor and removal and disposing existing carpet and
17 installing new carpet tiles.
18 6. Door specifications: 1 -3'-0 x 7' x 1 /34" thick solid core flush wood door with high
19 pressure laminate finish, non-fire rate, as manufactured by Oshkosh Architectural door.
20 1 Modulex SMR Frame self-mortising, nonhanded, and reversible, 5 � throat size,
21 commercial clear anodized aluminum finish. Lockset shall be Corbin Russwin ML2010,
22 Grade 1 mortise lock, Lustra lever, T rose, Passage function F01, Satin Stainless steel
23 finish with 1 Y:2 pair, 4"x4: Stanley five knuckle plain bearing standard weight full mortise
24 butt hinges.
25 7. Wall Configuration: Reconfigure supply room wall to straight wall from triangular shape.
26 8. Electrical Drops: Four dedicated electrical drops within the expansion suite, third floor
27 annex and includes reconfiguration of existing electrical system and voice and data.
28 9. Project Contingency: Overhead for any unforeseen construction costs.
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AGENDA ITEM 6
Agenda Item 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 11, 2018
TO: Executive Committee
FROM: John Standiford, Deputy Executive Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Proposed Committee Restructuring and Administrative Code Changes
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Review and approve disbanding the Eastern Riverside County Programs and Projects
Committee;
2) Approve the formation of a standing Toll Policy and Operations Committee;
3) Restate and clarify Executive Committee membership;
4) Amend dated language pertaining to the Commission’s Fiscal Officer; and
5) Forward to the Commission for final action.
BACKGROUND
As required by state law, the Commission is required to: “Adopt an administrative code, by
ordinance, which shall prescribe the powers and duties of commission officers, the method of
appointment of commission employees, and methods, procedures, and systems of operation and
management of the commission.”
Since the creation of the Commission in 1976, the administrative code has been updated and amended
to reflect changes in policy, amend outdated language and to ensure the organization is structured in
a way to address the County’s ongoing transportation needs.
This item puts forward a number of suggested changes to the Administrative Code that will ensure
consistency between current Commission practice and the code and to create a new standing
committee to address toll policies and procedures,
Disbanding the Eastern Riverside County Programs and Projects Committee
Measure A contains a unique feature in providing a geographic return to source of funding
between Western Riverside County, the Coachella Valley, and the Palo Verde Valley. The
existence of this provision recognizes the economic importance of the eastern part of
Riverside County in spite of its smaller population and fewer municipal jurisdictions.
Agenda Item 6
Ten of Riverside County’s cities and an entire Supervisorial District are located in the
eastern portion of the County.
In 2010 the Commission formed separate Programs and Projects Committee for the
Western and Eastern portions of the County. The two committees replaced a countywide
Plans and Programs Committee with the intent of providing more local input to capital
projects in each area. This was considered to be a more effective approach to project
development and certainly reflects a difference in need compared to financial matters,
which impact the entire agency and are overseen by the Budget and Implementation
Committee.
Since its creation in 2010, the Western Riverside County Programs and Projects Committee has
been especially productive in providing input on numerous projects including freeways projects
on the Interstate 15, I-215 and State Route 91 as well as the construction and opening of the
Perris Valley Line. The same level of activity has not taken place in the Eastern Riverside County
Programs and Projects Committee due to the Commission long-standing and effective
relationship with the Coachella Valley Association of Governments (CVAG). CVAG often serves
as the lead agency and decision-maker regarding the administration of projects in the Coachella
Valley based on the agency’s Transportation Project Prioritization Study (TPPS). CVAG’s
Transportation and Executive Committees provide excellent guidance on projects within the
Coachella Valley and the Commission has been invited to support and provide input when
necessary.
As a result, most of the Eastern Riverside County Programs and Projects Committees have been
cancelled due to a lack of items. Moreover, the rare project or policy issue that could not be
addressed by an existing CVAG Committee can be addressed through the appointment of an ad
hoc committee when needed as has been done with the Coachella Valley-San Gorgonio Pass
Rail Corridor Study Ad Hoc Committee.
Need for Toll Policy and Operations Committee
For more than a year, the Commission has been a toll road operator. While it might seem self-
evident, with the opening of the RCTC 91 Express Lanes in March 2017 as part of the SR-91
Corridor Improvement Project (91 Project), the Commission embarked on its first business-type
activity as the owner of a managed lanes enterprise—a major change from its traditional
governmental activities. In 2020, the Commission will open the 15 Express Lanes, its second
enterprise, with the completion of the I-15 Express Lanes Project (I-15 ELP). Approximately two
years later, the 15/91 Express Lanes Connector (15/91 ELC) is anticipated to be completed and
start operations.
The Commission’s involvement with the 91 Express Lanes has featured an effective partnership
with another agency (Orange County Transportation Authority) to extend an existing facility,
Agenda Item 6
which has been in operation for more than 20 years. Most of what the Commission has done
with the Riverside County portion of the 91 Express Lanes has been to mirror many of the same
and effective procedures that have long been established.
The opening of the I-15 Express Lanes heralds a new responsibility for the Commission as it will
open and operate an independent facility with different features and operating rules from the
91 including the use of variable pricing and multiple entrance and egress points and multiple toll
zones. It shall also entail complex financial, tolling, procurement and maintenance
responsibilities. The complexity of the new enterprise as well as the ongoing responsibilities
merits heightened Commissioner input and oversight and staff suggests the creation of a
standing Toll Policy and Operations Committee. For the near future it is recommended for the
Committee to meet on a quarterly basis – similar to the schedule of the bi-county SR-91 Advisory
Committee. Staff suggests a membership of seven or nine members to be appointed by the Chair
and could include membership from throughout the County in addition to those representing
areas in geographic proximity to the Commission’s toll facilities.
Executive Committee Membership
The Executive Committee was established in 1999 as a result of the reorganization of the
Commission. The responsibility of the Executive Committee is to oversee staff functions;
recommend staff positions, job descriptions and salaries; appoint, contract with and determine
the compensation of the Executive Director; discipline, review and terminate the Commission’s
Executive Director; and oversee administration of the Commission’s office.
Overall, there are 11 seats on the Executive Committee. The seats are held by the Chair, Vice
Chair, Second Vice Chair, Past Chair, a representative from Western Riverside County cities with
a population of under 100,000, a representative from Coachella and Palo Verde Valley cities with
a population of less than 100,000 people, two city representative from cities with a population
over 100,000, and three members from the Board of Supervisors. The representatives from the
cities are selected through a caucus process that usually takes place at the December Commission
meeting.
Currently, two regular members that represent the cities of Corona, Moreno Valley, Murrieta,
Riverside, and Temecula are members of the Executive Committee. Since 2009, these cities were
the only municipalities in Riverside County to exceed a population of 100,000. Data from the
California Department of Finance now shows Jurupa Valley has exceeded the 100,000 mark in
population (Attachment 1). Staff recommends amending the Administrative Code to recognize
Jurupa Valley’s standing as city of more than 100,000.
Fiscal Officer
Staff is recommending a number of minor changes to language involving the Fiscal Officer
in order to ensure consistency with current practice. There appears to be a contradiction
in the Administrative Code regarding the appointment of the Fiscal Officer position (which
Agenda Item 6
is now referred to as the Chief Financial Officer). One section indicates that the person be
appointed by a majority of the Commission while another suggests that the Fiscal Officer
works under the general direction of the Executive Director. Additional language also
states that the Executive Director has the responsibility of administering regular and
contract employees.
Presentation of Proposed Amendments and Minor Language Edits
Staff attached the entire Administrative Code for the Committee’s review and has clearly
denoted proposed amendments and changes discussed previously in this staff report, as
well as minor clarifications to address language that is archaic or no longer applicable. Edits
can be found on pages 7-10, 16-20, and 23-25 of the document.
Attachments:
1) City/County Population and Housing Estimates, 01/01/2017
2) Redlined RCTC Administrative Code with Proposed Changes
County / CityTotalHouseholdGroup Quarters TotalSingle DetachedSingle AttachedTwo to Four Five PlusMobile Homes OccupiedVacancy RatePersons per HouseholdRiverside CountyBanning 31,068 29,703 1,365 12,161 9,180 502 677 659 1,143 10,898 10.4% 2.73Beaumont 46,179 45,705 474 15,200 12,909 243 682 843 523 14,167 6.8% 3.23Blythe 19,660 13,811 5,849 5,469 3,194 136 757 760 622 4,593 16.0% 3.01Calimesa 8,637 8,58651 3,940 2,439 130 520 1,319 3,477 11.8% 2.47Canyon Lake 10,891 10,8829 4,558 4,208 134 73 76 67 3,880 14.9% 2.81Cathedral City 54,557 54,270 287 21,118 11,786 2,845 2,268 1,744 2,475 17,377 17.7% 3.12Coachella 45,551 45,49358 10,411 7,357 312 1,002 1,111 629 9,629 7.5% 4.73Corona 167,759 167,113 646 48,930 32,903 2,142 2,201 10,010 1,674 47,292 3.3% 3.53Desert Hot Springs 29,111 28,993 118 11,507 7,241 189 1,671 1,535 871 9,286 19.3% 3.12Eastvale64,613 64,54964 16,657 14,897 416 266 530 548 15,710 5.7% 4.11Hemet81,868 81,254 614 35,987 17,503 1,549 2,226 4,870 9,839 29,954 16.8% 2.71Indian Wells 5,450 5,4446 5,294 3,521 1,140 266 3670 2,885 45.5% 1.89Indio88,718 87,756 962 31,674 21,372 1,344 2,192 3,579 3,187 26,123 17.5% 3.36Jurupa Valley101,315 100,530 785 27,546 21,316 1,026 788 2,449 1,967 25,489 7.5% 3.94Lake Elsinore 62,092 61,660 432 18,477 14,122 812 1,025 1,791 727 16,965 8.2% 3.64La Quinta 40,677 40,62057 24,544 19,101 2,465 1,140 1,607 231 15,385 37.3% 2.64Menifee90,660 90,472 188 33,307 28,251 942 481 1,060 2,573 30,716 7.8% 2.95Moreno Valley 206,750 206,196 554 56,151 45,338 1,127 1,505 6,817 1,364 52,752 6.1% 3.91Murrieta 114,914 114,485 429 36,391 27,063 1,235 880 5,547 1,666 34,791 4.4% 3.29Norco26,882 24,088 2,794 7,326 6,971 98 39 194 24 7,137 2.6% 3.38Palm Desert 50,740 50,432 308 38,315 15,256 10,986 2,953 5,416 3,704 23,156 39.6% 2.18Palm Springs 47,379 46,840 539 35,603 13,352 8,473 2,907 8,724 2,147 23,142 35.0% 2.02Perris 75,739 75,499 240 19,045 14,621 391 633 1,725 1,675 17,334 9.0% 4.36Rancho Mirage 18,295 18,23164 14,451 7,809 4,187 725 835 895 8,972 37.9% 2.03Riverside 326,792 314,576 12,216 100,113 64,145 3,915 6,388 23,438 2,227 94,586 5.5% 3.33San Jacinto 47,925 47,697 228 15,243 10,067 1,097 701 562 2,816 13,641 10.5% 3.50Temecula 111,024 110,895 129 36,320 28,516 1,300 847 5,498 159 33,707 7.2% 3.29Wildomar35,782 35,74042 11,343 7,835 44 27 552 2,885 10,623 6.3% 3.36Balance Of County 373,755 369,603 4,152 137,571 96,873 2,492 3,300 3,401 31,505 114,083 17.1% 3.24Incorporated2,011,028 1,981,520 29,508 697,081 472,273 49,180 35,372 92,299 47,957 603,667 13.4% 3.28County Total2,384,783 2,351,123 33,660 834,652 569,146 51,672 38,672 95,700 79,462 717,750 14.0% 3.28Table 2: E-5 City/County Population and Housing Estimates, 1/1/2017POPULATION HOUSING UNITSPage 1 of 1California Department of FinanceDemographic Research UnitATTACHMENT 1
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EXHIBIT "A" TO ORDINANCE 98-00 21
ADMINISTRATIVE CODE OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ARTICLE I
PURPOSE
The Riverside County Transportation Commission is charged with the
responsibility of carrying out the purposes and directives of the Legislature as provided
for in the County Transportation Commission Act (Division 12, commencing with Section
130000 of the Public Utilities Code). Section 130105 of the Public Utilities Code requires
the Commission to adopt an administrative code by ordinance.
ARTICLE II
MEMBERSHIP
A. POWERS OF COMMISSION. Subject to the powers and limitations as
provided by law and these rules, all powers of the Commission shall be exercised, its
property controlled and its affairs conducted by its Commission.
B. REGULAR MEMBERS. The Commission shall consist of 34 regular
members appointed as follows:
1.The five members of the Riverside County Board of Supervisors.
2.One member appointed by each of the member cities, which member
shall be either a member of that city’s City Council or its Mayor.
3.One non-voting member appointed by the Governor.
1Revised 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, 10-001, 11-001, 12-001,and 13-001;
Resolution Nos. 04-016 and 05-003; and Commission action on September 13, 2000.
ATTACHMENT 2
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C. ALTERNATE MEMBERS.
1. The Riverside County Board of Supervisors shall establish a
procedure by which a member of that board may appoint an alternate member of
the Board of Supervisors to represent the member for one meeting of the Riverside
County Transportation Commission. Notice of the alternate appointment shall be
made in writing to the Clerk of the Board
24 hours prior to the meeting.
2. Each incorporated city in Riverside County shall appoint one
alternate member to the Commission who shall represent the regular member of
the Commission who serves on behalf of the city, if the regular member is not in
attendance at a meeting. Notice of the alternate appointment shall be made in
writing to the Clerk of the Board 24 hours prior to the meeting. If an incorporated
city appoints an alternate member, the alternate member shall be either the mayor
or a city council member of that incorporated city.
D. VOTING RIGHTS. Except when a weighted vote is called, each regular
member of the Commission, and each alternate member when acting in the place of a
regular member, shall have one vote at meetings of the Commission. Except for the
delegation of votes provided in Section II.C, above, there shall be no voting by proxy.
E. VACANCIES. Any vacancy in the office of regular or alternate member,
whether because of death, incapacity, resignation, loss of underlying office, removal or
otherwise, shall be filled by the appointing authority for such member.
F. RESIGNATION. Any regular or alternate member may resign at any time
by giving written notice of such resignation to the Clerk of the Board. Such resignation
shall be effective at the time specified; acceptance of such resignation shall not be
necessary to make it effective.
G. REMOVAL. Any regular or alternate member may be removed, with or
without cause stated, by the authority responsible for his or her appointment.
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H. COMPENSATION. Unless prohibited by law from accepting compensation,
each regular and alternate member of the Commission shall be compensated at the rate
of One Hundred Dollars ($100) for any day attending to the business of the Commission,
but not to exceed Four Hundred Dollars ($400) in any month, along with necessary
traveling and personal expenses incurred in the performance of his or her duties as
authorized by the Commission. An alternate member may receive compensation only for
attendance at a meeting where a regular member is absent for all or part of the meeting.
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.
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B. ELECTION OF CHAIR, VICE CHAIR AND SECOND VICE CHAIR. The
Commission annually, at its first meeting in December, and at such other times as there
may be a vacancy in either office, shall elect a Chair who shall preside at all meetings, a
Vice Chair who shall preside in the absence of the Chair, and a Second Vice Chair who
shall preside in the absence of the Chair and the Vice Chair. The Chair, the Vice Chair,
and the Second Vice Chair shall be elected by the Commission at its first meeting in
December for a one-year term. The changes will be effective on January 1. The election
for each position is as follows:
1. At the start of the agenda item, Commission Board members may
nominate one or more regular members to fill the positions of Chair,.
Vice Chair, and Second Vice Chair. Each nomination must be seconded in order
to qualify that member for the election. Only those members nominated and
seconded shall be part of the selection process set forth below.
2. If no objections are made, the nominations will be closed when the
Chair makes a formal announcement closing the nomination period.
3. If only one nomination is received for a position, the Chair shall call
on the Commission’s Board of Director’s to approve the nomination. If more than
fifty (50%) percent of the votes cast approve that nominee, the nominee shall be
elected and the election for that position shall be consider complete. If the nominee
fails to obtain more than fifty percent (50%) of votes cast by the Board, the process
for electing a member to the desired position shall begin again from paragraph 1.
4. If two nominations are received for a position, the Chair shall call for
the Commission’s Board of Director’s to cast votes for one of the nominees. Both
nominees shall be voted on using a single written ballot. If 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,
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the nominee with the most votes will be placed before the Commission’s Board of
Directors for approval. The nominee must be approved by more than fifty percent
(50%) of the votes cast by the Board in order to be elected to the desired position.
If the nominee fails to obtain more than fifty percent (50%) of the Board’s vote, the
process for electing a person to the desired position shall begin again from
paragraph 1.
5. If there are more than two nominees, the following steps shall be
followed in the order set forth below:
(a) The Chair shall call for the Commission’s Board of Directors
to cast votes for one of the nominees. All nominees shall be voted on using
a single written ballot. 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
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process for electing a person to the desired position shall begin again from
Paragraph 1, above
(f) If there is a tie in any step in the election process and the next
step of the process cannot proceed, then one or more tie-breaking votes will
occur in which all members of the Commission’s Board of Directors present
at the meeting will be allowed to vote again. The winning nominee must
receive more than fifty percent (50%) of the votes cast to be elected.
At any point the Commission may vote to suspend the vote until a subsequent
meeting. If the Chair has been selected prior to the vote to suspend, the new Chair shall
be seated when his or her term commences, but shall relinquish his or her seat as the
Vice Chair if applicable. If the Chair and Vice Chair have been selected prior to the vote
to suspend, the new Vice Chair shall also seated when his or her term commences, but
shall relinquish his or he seat as Second Vice Chair, if applicable.
The tally of all votes taken by written ballot hereunder shall be read aloud by the
Clerk of the Board immediately following the vote. The written ballots shall be retained
by the Clerk of the Board as part of the public record of the meeting.
The Chair, the Vice Chair, and the Second Vice Chair shall regularly alternate
between regular members of the Commission representing a city and a regular member
of the Commission who is a member of the Riverside County Board of Supervisors. At
all times, at least one of three officer slots – Chair, Vice Chair, or Second Vice Chair –
shall be held by a member of the Riverside County Board of Supervisors. During the time
in which the Chair is a regular member of the Commission representing a city, either the
Vice Chair or the Second Vice Chair, or both, shall be a regular member of the
Commission who is a member of the Riverside County Board of Supervisors. During the
time in which the Chair is a regular Commission member who is a member of the
Riverside County Board of Supervisors, either the Vice Chair or the Second Vice Chair,
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or both, shall be a regular member of the Commission representing a city in order to
ensure the participation of both city and county representatives in leadership positions.
C. 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.
CD. REMOVAL OF OFFICERS. Officers The Chair, the Vice Chair and the
Second Vice Chair may be removed by the affirmative vote of a majority of the
Commission. Voting on removal shall take place no sooner than at the next regular
meeting following the meeting at which the motion to remove officers was introduced.
DE. 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.
At the beginning of the calendar year, the Chair shall make appointments to
standing committees, ad hoc committees and outside agencies that require the
representation of RCTC by a Commissioner. Appointment terms are of a one-year
duration and removal of a Commissioner from a committee assignment prior to the
end of the one-year term requires approval of the Executive Committee.
2. Duties of the Vice Chair. The Vice Chair shall perform the duties of
the Chair in his or her absence. When so acting, the Vice Chair shall have all the
powers of and be subject to all the restrictions upon, the Chair.
3. Duties of Second Vice Chair. The Second Vice Chair shall perform
the duties of the Chair in the absence of the Chair and the Vice Chair. When so
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acting, the Second Vice Chair shall have all the powers of and be subject to all the
restrictions upon the Chair.
4. Chair Pro Tempore. In the event of the absence or inability to act of
the Chair, Vice Chair, or Second Vice Chair, the Commission, by motion passed
by majority vote, shall select one of its members to act as Chair Pro Tempore, who,
while so acting, shall have all of the authority of the Chair.
5. Duties of Executive Director. The Executive Director shall be a
full-time officer of the Commission. The appointment and employment of the
Executive Director shall be overseen by the Executive Committee pursuant to
Section III.G.3.(a), below. appointment of the Executive Director and the execution
of an employment contract for the position requires majority approval of the
Executive Committee. 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.
(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
Formatted: Highlight
Formatted: Highlight
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Commission, giving notice of all meetings as may be required by law or
action of the Commission, and such other duties as may be prescribed by
ordinance or resolution of the Commission.
(h) The Executive Director is authorized to take any or all of the
following actions in relation to regular employees of the Commission:
(1) To hire employees at the appropriate salary range as
determined by the Commission.
(2) To promote, transfer, suspend with or without pay, or
discharge any employee.
(3) To notify the Commission of such actions at
appropriate intervals.
(i) The Executive Director is authorized to make disbursements
of funds of the Commission consistent with the annual budget of the
Commission. He or she shall have such other duties, powers and
responsibilities as may from time to time be assigned by the Commission.
The compensation of the Executive Director shall be pursuant to written
contract with the Commission.
(j) The Executive Director, or his or her designee, has the
discretionary authority of approval overall project designs or plans for
construction and the construction of all projects by the Commission as set
forth herein, unless the Commission finds otherwise.
6. Duties of General Counsel. The General Counsel shall be a person
admitted to practice law by the Supreme Court of California or a firm comprised of
same, and shall have been actively engaged in the practice of law for not less than
five years preceding appointment. .. Appointment of the General Counsel require
majority approval of the Commission. The General Counsel shall represent and
Formatted: Not Highlight
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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 be a full-time
employee of the Commission and shall:
(a) Receive and receipt for all money of the Commission and
place it in the Commission treasury.
(b) Draw warrants to pay demands against the Commission when
the demands have been duly and regularly signed by the Executive
Director.
(c) 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.
This Commission may fulfill this requirement with the provision of
professional liability insurance coverage in a similar amount as mentioned
above. 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
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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 ofa quarterly basis each year to the
Commission detailing the amount of moneyinvestments held, the amount
and source of receipts since the last report, and the amount and recipient
of amounts paid outand a summary of budget to actuals 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.
EF. EMPLOYEES. All employees other than independent contractors, shall be
subject to the control and supervision of the Executive Director. Compensation of
employees shall be as provided for from time to time by the Commission and/or the
Executive Committee.
FG. 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
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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;
(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.
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(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.
(f) 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 of Riverside.
(2) One (1) member representing each City in the County
which designates such a representative.
(3) One (1) member representing the Riverside Transit
Agency.
(4) One (1) member representing the Western Riverside
Council of Governments.
(5) One (1) member representing the Coachella Valley
Association of Governments.
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(6) The District Director of Caltrans District 8 or designee.
(7) One (1) member representing the SunLine Transit
Agency.
(8) One (1) member representing the Palo Verde Valley
Transit Agency.
Committee members shall serve at the will and pleasure of their
appointing authority and the Commission. An alternate may be named by
each appointee to represent him or her in his or her absence.
(b) Function. Subject to the supervision of the Commission, the
Committee shall provide technical assistance to the Commission by
reviewing and evaluating the various transportation proposals and
alternatives within Riverside County. The Committee shall review,
comment upon, and make recommendations on such matters as are
referred to it by the Commission, including all matters relating to the
programming of federal funds apportioned to the Riverside County and
allocated by the Commission.
(c) Meetings. In the dispatch of its responsibilities, the
Committee may conduct meetings, may appoint subcommittees to include
regular members and/or alternate members, and engage in such related
activities as it deems necessary. Subcommittees shall not be composed of
a regular and alternate member who represents the same jurisdiction.
(d) Compensation. Members of the Committee shall serve
without compensation.
(e) Officers. The Committee shall elect a Chair and Vice Chair
from the members thereof, each of whom shall serve for two (2) years and
thereafter until his or her successor is elected. Committee support shall be
provided by the Commission staff.
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(f) Voting. Each member of the Committee shall have one (1)
vote, except the county of Riverside member shall have three (3) votes and
the Transportation Planning Director of the Southern California Association
of Governments shall be a non-voting member.
(g) Quorum. A quorum shall be a majority of the voting members.
All actions of the Committee shall require a majority of the votes cast.
3. Other Advisory Committees.
(a) Standing Committees. The Commission may appoint such
other standing committees as it deems necessary. The Commission shall
determine the membership of such committees from among the regular
members of the Commission, and shall specify the functions, duties,
responsibilities, and terms of service. The Commission shall give due
consideration to recommendations, advice or proposals received from
Advisory Committees but shall not be bound thereby.
(b) Ad Hoc Committees and Representative Appointments. The
Chair may create and appoint ad hoc committees as necessary to provide
direction and advice to the Chair, Commissioners or Commission staff. In
addition, the Chair shall appoint Commission representatives to the
Southern California Regional Rail Authority, the Route 91 Advisory
Committee, the MSRC, and other agencies or organizations of which the
Commission is a member or party. Ad hoc committee members and
representatives shall be appointed from among the regular Commission
members.
GH. 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
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selected by the Chair, with at least nine (9) members being Western
Riverside County regular members of the Commission and at least four (4)
members being Eastern Riverside County regular members of the
Commission. For the purposes of this subsection (a), the Fifth District
Supervisor shall be considered a Western Riverside County member.
Subject to supervision by the Commission, the jurisdiction of the Committee
shall be as follows: annual budget development and oversight, competitive
state and federal grant programs, countywide communications and
outreach programs, countywide strategic plan, legislation, short range
transit plans (SRTP), and other areas as may be prescribed by the
Commission. Meetings shall be held at 9:30 a.m. on the fourth Monday of
the month 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.
(b) Western Riverside County Programs and Projects
Committees. The following Programs and Projects Committees are hereby
created:
(1) The Eastern Riverside County Programs and Projects Formatted: Indent: Left: 1"
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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 may
include, but is not limited to : air quality, capital projects, communications
and outreach programs, specific transit projects, intermodal programs,
motorist services, new corridors, regional agencies/regional planning,
Regional Transportation Improvement Program (RTIP), 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
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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) Western Riverside County regular members of the
Commission selected by the Chair. Subject to supervision by the Commission, the
jurisdiction of the Committee shall be to provide policy direction on transportation
programs and projects that impact Western Riverside County. The subject matter
may include, but is not limited to: air quality, capital projects, communications and
outreach programs, specific transit projects, intermodal programs, motorist
services, new corridors, regional agencies/regional planning, Regional
Transportation Improvement Program (RTIP), State Transportation Improvement
Program (STIP), and Transportation Uniform Mitigation Fee (TUMF) Program
related to Western Riverside County, and other areas as may be prescribed by the
Commission. Meetings shall be held at 1:30 p.m. on the fourth Monday of the
month 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 are present may constitute
themselves a “Committee of the Whole,” for purposes of discussing agenda
matters or any other matter of interest to the members present. The Committee of
the Whole may act to take recommendations to the Commission but may take no
final actions. Any recommendation presented to the Commission from a
Committee of the Whole and not the whole committee should state the number of
votes for, against and abstaining in reference to the recommendation. The
Committee shall automatically cease to exist if a quorum of the Commission is
present at the meeting.
(c) Toll Policy and Operations Committee. The Toll Policy and
Operationsis Committee shall be composed of up to eleven (11) regular
Formatted: Indent: Left: 0.5", First line: 0"
Formatted: Not Highlight
19
members of the Commission selected by the Chair. Subject to supervision
by the Commission, the jurisdiction of the Committee shall be as follows:
policies involving the Commission’s toll facilities, setting tolls orf rates,
considering contracts with vendors working on the toll program, statewide
and federal legislative issues regarding tolling, outreach and marketing of
the toll facilities, interactions with neighboring jurisdictions regarding toll
matters, user-based funding programs and future opportunities for toll
facility development in Riverside County. Meetings shall be held at 11:00
a.m. on the fourth Thursday of February, May, August and November 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.
2. In the performance of their duties and responsibilities, the
Committees in subsection 1 above shall submit all policy matters coming before
them to the Commission for final consideration.
Formatted: Indent: Left: 0.5", First line: 0"
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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.
(5) Two regular members of the Commission representing
the cities of Corona, Jurupa Valley, Moreno Valley, Murrieta, Riverside, and
Temecula.
(6) A regular member of the Commission representing one
of the following cities: Banning, Beaumont, Calimesa, Canyon Lake,
Eastvale, Hemet, Lake Elsinore, Menifee, Norco, Perris, San Jacinto, and
Wildomar. Such member shall be appointed by majority vote of the
members representing the cities referenced in the previous sentence.
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(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 GH.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 GH.3(b) above. The new member shall fill out the remainder
of the term.
(f) An alternate member of the Commission, as appointed in
Article II.C.2, shall not assume the duties of the regular member on the Executive
Committee when the regular member is absent. In addition, should a member of
the Executive Committee resign or otherwise leave the Commission, the vacancy
shall be filled as set forth in Section GH.3(b), above. The new member shall serve
the remainder of the unexpired term.
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(g) Amendments to this Administrative Code may be approved by
the Executive Committee, subject to review by the Commission as set forth in
Section GH.3(a) above.
4. The Commission’s Committees are authorized to establish rules of
procedure relating to the activities and functions of the respective Committee,
including the creation of subcommittees of committee members.
5. Appointments made by the Chair shall be for a one-year term ending
on December 31 of the year in which the appointments are made. In the event the
Chair wishes to remove a Commissioner (“Appointee”) appointed during the term
of the appointment, the following steps shall be taken:
(a) The Chair shall provide Appointee with written notice of the
Chair’s decision to remove the Appointee from the appointment.
(b) The notice shall be provided in writing to the Appointee
through the Commission’s Clerk of the Board and shall include a brief statement
of why removal is sought, which reason may include, without limitation, three or
more consecutive absences of committee meetings. The notice shall be delivered
to the email address, if any, provided by Appointee as well as by first class mail to
the Clerk of the City/County appointing Appointee to the Commission and the
Appointee’s mailing address.
(c) The removal shall be effective on the 15th day after the
Commission’s Clerk of the Board sends notice to Appointee unless Appointee
provides notice to the Commission’s Clerk of the Board, prior to the expiration of
such 15 day period, of his or her desire to contest the removal.
(d) In the event that the removal is contested, the removal shall
be stayed and the Executive Director shall schedule an Executive Committee
meeting at which both the Chair and Appointee may present their arguments for
23
and against removal. Based thereon, the Executive Committee shall either uphold
or reject the removal. The decision of the Executive Committee shall be final.
(e) If the removal is not contested or approved by the Executive
Committee, the Chair may appoint a Commission member to fill the remainder of
the Appointee’s term.
(f) This sectionThis Section G.5 shall only apply to appointments
made by the Chair to 1) the Budget and Implementation Committee as defined
under Article IIISection.GH.1(a); 2) the Western Riverside County Programs and
Projects Committee as defined under Article III. Section GH.1(b)(1); the Toll Policy
and Operations Committee as defined under Section Article III.GH.1(c) and 3)
Representative Appointments as defined under Section Article III.FG.3(b).
ARTICLE IV
MEETINGS
A. AGENDA. Matters to be placed on the Agenda for any regular meeting may
be filed with the Executive Director of the Commission by any member of the Commission
by the Thursday before such regular meeting. The Agenda for each regular meeting shall
be prepared under the direction of the Executive Director. The Executive Director shall
cause copies of the Agenda to be mailed or delivered to each regular and alternate
member and the General Counsel at least three (3) working days prior to the regular
meeting date.
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
Formatted: Indent: First line: 1"
24
of the Commission at a regular or special meeting prior to the meeting to be canceled. A
regular meeting may also be canceled by the Chair for lack of a quorum. The Executive
Director shall endeavor to mail or deliver notice of such cancellation to each regular
member and alternate member at least twenty-four (24) hours prior to the time of the
meeting.
C. SPECIAL MEETINGS. A special meeting of the Commission may be called
at any time by the Chair, or in his or her absence by the Vice Chair or in the absence of
the Chair and the Vice Chair by the Second Vice Chair, or by any sixteen (16) regular
members by delivering personally or by mail written notice to the Executive Director and
each regular and alternate member. Such notice shall be so delivered at least twenty-four
(24) hours before the time of such meeting as specified in the notice. The call and notice
shall specify the time and place of the special meeting and the business to be transacted.
No other business shall be transacted at such meeting. Such written notice may be
dispensed with as to any member who at or prior to the time the meeting convenes files
with the Executive Director a written waiver of notice. Such waiver may be given by
telegram or fax. Such written notice may also be dispensed with as to any regular or
alternate member who is actually present at the meeting at the time it convenes.
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 Seventeen (17)
members of the Commission shall constitute a quorum for the transaction of business.
Unless otherwise required by law or this Administrative Code, all official acts of the
25
Commission shall require the affirmative vote of a majority of the members of the
Commission voting on the matter.
F. WEIGHTED VOTING. Notwithstanding subdivision E above, any member
of the Commission, immediately after a vote of the Commission in accordance with
subdivision E, may call for a weighted vote. For an item to be passed by weighted vote,
all of the following requirements shall be met:
(a) The item shall be approved by a majority of the Commission
members present at the meeting who represent the 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 January 1 or as soon thereafter as possible. The population
represented by members not voting because of a legal conflict of interest shall not be
counted for any purpose in a weighted vote.
The provisions of this section shall not apply the election of the Chair, Vice Chair, or
Second Vice Chair as defined under Article III.B.
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G. RALPH M. BROWN ACT. All meetings of the Commission shall be called,
noticed, and conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9,
commencing with Section 54950, Part I, Division 2, Title 5 of the Government Code).
H. ADDRESSING COMMISSION ON AGENDA ITEMS. No person shall
address the Commission at any meeting until he or she has first been recognized by the
Chair. The decision of the Cchair to recognize a person may be changed by vote of a
majority of the members of the Commission present at the meeting. Persons wishing to
address the Commission shall fill out a speaker card and provide it to the Clerk of the
Board prior to the start of the agenda item upon which he or she wishes to be heard. The
Chair may, in his or her discretion, direct the Clerk to accept speaker cards filed after the
start of the agenda item. Except as set forth below, when addressing the Commission,
each individual speaker will be limited to three continuous minutes or less of public
testimony. The Commission may, either at the direction of the Chair or by a majority vote
of the Commission, waive this three minute time limitation. Depending on the number of
items on the Agenda and the number of speaker cards, the Chair may, in his or her
discretion, reduce the time for each individual speaker to two continuous minutes. In
addition, the maximum time for public comment for any individual item or topic is thirty
(30) minutes, unless extended by the Chair or majority vote of the Board. Speakers may
not yield their time to others without the consent of the Chair. The Commission may
terminate public comments if such comments become repetitious.
I. COMMITTEE OF THE WHOLE. At any regular meeting not yet convened
because of the lack of a quorum, the regular members, and alternates acting in the place
of a regular member, who are present, may constitute themselves a "Committee of the
Whole", for the purposes of discussing agenda matters or any other matter of interest to
the members present. The Committee shall automatically cease to exist if a quorum of
the Commission is present at the meeting.
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ARTICLE V
CORPORATE POWERS
A. SUCCESSION. The Commission has perpetual succession and may adopt
a seal and alter it at its pleasure.
B. LITIGATION. The Commission may sue and be sued, except as otherwise
provided by law, in all actions and proceedings, in all courts and tribunals of competent
jurisdiction.
C. CLAIMS. All claims for money or damages against the Commission are
governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government
Code except as provided therein, or by other statutes or regulations expressly applicable
thereto.
D. MOTIONS, REGULATIONS AND ORDINANCES. The acts of the
Commission shall be expressed by motion, resolution, or ordinance. All ordinances 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) and Division 25 (commencing with Section 240000) of the Public
Utilities Code and other applicable law.
ARTICLE VI
CONTRACTS
The Commission may make contracts and enter into stipulations of any nature
whatsoever either in connection with eminent domain proceedings or otherwise, including
but not limited to, contracts and stipulations to indemnify and save harmless, to employ
labor, and to do all acts necessary and convenient for the full exercise of the powers
authorized by law or by this Ordinance. The Commission may contract with any
28
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 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
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A. WRITTEN CLAIM (Gov. Code § 945.4)1
Before commencing a lawsuit for money or damages, the claimant must present a
written claim to the Riverside County Transportation Commission (herein referred
to as “RCTC”) and allow it to act upon the claim.2 (See page 5, below, for Sample
RCTC Claim Form.)
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.
(b) The postal address to which the person presenting the claim
desires notices to be sent.
(c) The date, place, and other circumstances of the occurrence or
transaction which gave rise to the claim asserted.
(d) A general description of the indebtedness, obligation, injury,
damage or loss so far as it may be known at the time of
presentation of the claim;
(e) The name(s) of public employee(s) causing the injury, damage, or
loss, if known.
(f) The amount claimed, if it totals less than $10,000.00 as of the date
of the presentation of the claim, including the estimated amount of
1 All references herein are to the California Government Code, unless otherwise noted.
2 Under special circumstances, this requirement may be excused. (See for example Gov. Code §§ 946.4,
946.6.)
30
any prospective injury, damage, or loss, insofar as it may be known
at the time of presentation of the claim, together with the basis for
computation of the amount claimed. If the amount claimed is more
than $10,000.00, no dollar amount shall be included in the claim,
but it shall indicate whether the claim would be a limited civil case.
(g) The signature of the claimant or his or her representative.
C. TIMELINESS (Gov. Code § 911.2)
1. A claim relating to a cause of action for death, injury to person, injury to
personal property or growing crops must be presented within six (6) months
after the accrual of the cause of action.
2. A claim relating to any other cause of action, such as damage to real
property, must be presented within one (1) year after the accrual of the
cause of action.
D. ACTION BY EXECUTIVE DIRECTOR OR DESIGNEE (Gov. Code §§ 912.6,
935.4)
The Clerk of the Board shall present claims received by the Commission to the
Executive Director or designee. The Executive Director or designee shall review
claims submitted to RCTC and may act on such claims in one of the following
ways:
1. If the Executive Director determines that the claim is for a debt or liability
which is not the responsibility of RCTC, it shall be rejected by the Executive
Director or designee.
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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))
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.
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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;
(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
33
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,
(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)
34
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.
35
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.
36
CLAIM FORM
(A claim shall be presented by the claimant or by a person acting on his behalf.)
NAME OF DISTRICT: Riverside County Transportation Commission
1 Name, address, mailing address if different, and phone number.
Name:
Address(es):
Phone Number:
2 List name, address and phone number of any witnesses.
Name:
Address:
Phone Number:
3 List the date, time, place and other circumstances of the occurrence or transaction which gave
rise to the claim asserted.
Date: Time: Place:
Tell What Happened (give complete information):
NOTE: Attach any photographs you may have regarding this claim.
4 Give a general description of the indebtedness, obligation, injury, damage or loss incurred so
far as it may be known at the time of presentation of the claim.
5 Give the name or names of the public employee or employees causing the injury, damage, or
loss, if known.
6 If the actual amount of your claim is less than $10,000 indicate the exact amount of your claim,
and if possible show specific itemization and/or include copies of any documents in support
thereof. If the amount of the claim exceeds $10,000, no dollar amount should be included in this
claim form; however, it is necessary to indicate whether jurisdiction will rest in Municipal or
Superior Court. (Jurisdiction for any claim under $25,000 would rest in Municipal Court, and any
claim over $25,000 would rest in Superior Court.)
Date: Signature:
ANSWER ALL QUESTIONS. OMITTING INFORMATION COULD MAKE YOUR CLAIM LEGALLY
INSUFFICIENT.
37
SAMPLE LETTER RE REJECTION ON THE MERITS
THIS LETTER SHOULD BE TYPED ON RCTC LETTERHEAD
AND USED TO NOTIFY A POTENTIAL CLAIMANT THAT
HIS/HER CLAIM HAS BEEN REJECTED ON ITS MERITS,
NOT BECAUSE THE CLAIM IS LATE, OR THAT THE
CLAIM IS INSUFFICIENT IN CONTENTS. IF USED, THIS
FORM MUST BE MAILED WITHIN 45 DAYS OF
PRESENTATION OF THE CLAIM.
(Enter date)
Dear _____________________:
Thank you for your recently submitted claim in the matter of
______________________________________________________________________
_______.
As you know, we are guided by state law and are obligated to pay claims where there is
liability on our part. We have reviewed all of the information submitted to us relating to
your claim, and have endeavored to be absolutely fair in considering your case.
Your claim presented to the Riverside County Transportation Commission on
____________________ was rejected (or allowed in the amount of $___________ and
rejected as to the balance) on ___________________ (date of action or rejection by
operation of law.)
WARNING
Subject to certain exceptions, you have only six months from the date this notice was
personally delivered or mailed to file a court action on this claim. (See Government
Code Section 945.6.) You may, of course, seek an attorney’s advice on this matter. If
you plan to consult an attorney, you should do so immediately.
If you have questions about the claim or this denial of liability, please call the
undersigned.
Very truly yours,
Anne Mayer [or designee, such as General Counsel]
Executive Director
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SAMPLE LETTER RE INSUFFICIENT CLAIM FORM
THIS LETTER SHOULD BE TYPED ON RCTC LETTERHEAD
AND USED TO NOTIFY POTENTIAL CLAIMANTS OF
INSUFFICIENCIES IN CLAIMS FILED
(Enter date)
Re: Notice of Insufficiency of Claim Filed
with the Riverside County Transportation Commission
Dear ________________:
Your claim which was received by the Riverside County Transportation Commission on
(enter date) failed to comply substantially with the California Government Code. It was
insufficient for the following reason(s):
[Give reasons for insufficiency]
For your information, you may wish to consult Sections 910, 910.2, 910.4, 910.8 and
other sections of the California Government Code pertaining to the filing of claims
against a public entity. Due to specific time requirements for correcting these
deficiencies, this should be tended to immediately.
Very truly yours,
Anne Mayer [or designee, such as General Counsel]
Executive Director
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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 ________________:
The claim (or material) which you presented to the Riverside County Transportation
Commission (“RCTC”) on (Enter date) is being returned to you herewith, without any
action having been taken by RCTC.
The claim (or material) is being returned because it was not presented within the time
required by law. (See California Government Code Sections 911.2 to 912.2 and 946.6.)
Your only recourse at this time is to file a written Application for Leave to Present a Late
Claim as required by the Government Code. After this Application has been received
by RCTC, it will be reviewed and considered.
Due to legal time requirements, this should be done without delay. To determine if you
have a further remedy, or whether other procedures are open to you, you may wish to
consult with an attorney of your choosing. If you consult with an attorney, you should do
so immediately.
Very truly yours,
Anne Mayer [or designee, such as General Counsel]
Executive Director
40
SAMPLE LETTER RE DENIAL OF APPLICATION FOR LEAVE TO
PRESENT A LATE CLAIM
THIS LETTER SHOULD BE TYPED ON RCTC LETTERHEAD AND USED
TO DENY LATE CLAIMS PRESENTED WITHIN ONE YEAR OF ACCRUAL
WITH AN ACCOMPANYING APPLICATION FOR LEAVE TO PRESENT
A LATE CLAIM
(Enter date)
Re: Denial of Application for Leave
to Present a Late Claim to the
Riverside County Transportation Commission
Dear _________________:
Your Application for Leave to Present a Late Claim is denied by the Riverside County
Transportation Commission as of (Enter date).
WARNING
If you wish to file a court action on this matter, you must first petition the appropriate
court for an order relieving you from the provisions of California Government Code
Section 945.4. (Also see Government Code Section 946.6.) Such petition must be filed
with the court within six (6) months from the date your Application for Leave to Present
a Late Claim was denied.
You may seek the advice of an attorney of your choosing in connection with this matter.
If you consult an attorney, you should do so immediately.
Very truly yours,
Anne Mayer [or designee, such as General Counsel]
Executive Director
41
SAMPLE LETTER RE RETURN OF APPLICATION FOR LEAVE TO
PRESENT A LATE CLAIM
THIS LETTER SHOULD BE TYPED ON RCTC LETTERHEAD AND USED TO
REJECT LATE CLAIMS PRESENTED AFTER ONE YEAR FROM ACCRUAL
WITH AN ACCOMPANYING APPLICATION FOR LEAVE TO PRESENT A
LATE CLAIM
(Enter date)
Re: Return of Application for Leave to Present
a Late Claim to the Riverside County Transportation Commission
Dear _________________:
The Application for Leave to Present a Late Claim which you presented to the Riverside
County Transportation Commission on (Enter date) is being returned to you herewith,
without any action having been taken on it by the Commission.
The Application is being returned because it was not presented within the time required
by law.
To determine whether you have any further remedy, you may wish to consult with an
attorney of your choosing. If you consult an attorney, you should do so immediately.
Very truly yours,
Anne Mayer [or designee, such as General Counsel]
Executive Director
42
ARTICLE X
PROCEDURES FOR DESIGN IMMUNITY
A. EXECUTIVE DIRECTOR REVIEW AND APPROVAL. Prior to commencement of
a construction project undertaken by the Commission, the Executive Director shall review
and approve or disapprove the plans for such project in writing, or delegate such authority
in writing to a competent employee of the Commission with the knowledge to discern
whether the plans are reasonable or not. Neither the Executive Director nor his or her
designee of review and approval authority shall be responsible for drafting such plans.
B. DETERMINATION OF REASONABLENESS. The Executive Director or his or her
designee of review and approval authority shall review the plans for a construction project
undertaken by the Commission to determine whether such plans are reasonable or not.
Evidence of reasonableness of such plans may be supported by approval of such plans
by a competent professional; or if such plans have been prepared in conformity with a
previously approved standard; or if such plans conform to established guidelines such as
the Uniform Building Code or guidelines set forth by the California Department of
Transportation or the American Association of State Highway and Transportation
Officials.
C. EXECUTION OF STATEMENT. Upon completion of the review of the plans, the
Executive Director or his or her designee shall sign a statement in substantially the form
set forth as follows:
I have been granted the authority to review and approve the plans for the
______________ Project, and I am competent to do so. I have reviewed such
plans, and I find them to be reasonable in my judgment as a reasonable employee
and approve such plans.