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04 April 11, 2018 ExecutiveComments are welcomed by the Committee. If you wish to provide comments to the Committee, please complete and submit a Speaker Card to the Clerk of the Board. EXECUTIVE COMMITTEE 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 Page 1 of5 Updated 08'20 IQ 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 Page 2 of 5 upda1ed os·2010 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 rage4 of5 Upd•tt•d OS !fl IQ ---- � 1 H i I i I! �ii I� ;l .. � fl) :; t ;;'.� RV1005-CAC ANNEX �i Q 4080 Lemon Street � 1z�� )> 0 � G) z I �� :sm � 3r<l Floor Space Pmri �� 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. Page 5 of 5 Updaoed 08'20 I 0 liverside County Employee lots Employee 1ots • County Vehicles -0 Pay parking 41) Nlntll Sbeet Restricted parking e r -1 ' I 1 i Law Muni Lib Twelfth Street ' Ana ' l , I Thirteenth Street ----� • TraRS ! ! ti a; & c c ·-! I o Ct EXHIBIT "H" u u .,;: Jiii: ·-c 0 .. --t! ! i i y,, u.. \ I I I. :a 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 1 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 2 C. ALTERNATE MEMBERS. 1. The Riverside County Board of Supervisors shall establish a procedure by which a member of that board may appoint an alternate member of the Board of Supervisors to represent the member for one meeting of the Riverside County Transportation Commission. Notice of the alternate appointment shall be made in writing to the Clerk of the Board 24 hours prior to the meeting. 2. Each incorporated city in Riverside County shall appoint one alternate member to the Commission who shall represent the regular member of the Commission who serves on behalf of the city, if the regular member is not in attendance at a meeting. Notice of the alternate appointment shall be made in writing to the Clerk of the Board 24 hours prior to the meeting. If an incorporated city appoints an alternate member, the alternate member shall be either the mayor or a city council member of that incorporated city. D. VOTING RIGHTS. Except when a weighted vote is called, each regular member of the Commission, and each alternate member when acting in the place of a regular member, shall have one vote at meetings of the Commission. Except for the delegation of votes provided in Section 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. 3 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. 4 B. ELECTION OF CHAIR, VICE CHAIR AND SECOND VICE CHAIR. The Commission annually, at its first meeting in December, and at such other times as there may be a vacancy in either office, shall elect a Chair who shall preside at all meetings, a Vice Chair who shall preside in the absence of the Chair, and a Second Vice Chair who shall preside in the absence of the Chair and the Vice Chair. The Chair, the Vice Chair, and the Second Vice Chair shall be elected by the Commission at its first meeting in December 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, 5 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 6 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, 7 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 8 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 Formatted: Highlight 9 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 10 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 11 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 12 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. 13 (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. 14 (6) The District Director of Caltrans District 8 or designee. (7) One (1) member representing the SunLine Transit Agency. (8) One (1) member representing the Palo Verde Valley Transit Agency. Committee members shall serve at the will and pleasure of their appointing authority and the Commission. An alternate may be named by each appointee to represent him or her in his or her absence. (b) Function. Subject to the supervision of the Commission, the Committee shall provide technical assistance to the Commission by reviewing and evaluating the various transportation proposals and alternatives within Riverside County. The Committee shall review, comment upon, and make recommendations on such matters as are referred to it by the Commission, including all matters relating to the programming of federal funds apportioned to the Riverside County and allocated by the Commission. (c) Meetings. In the dispatch of its responsibilities, the Committee may conduct meetings, may appoint subcommittees to include regular members and/or alternate members, and engage in such related activities as it deems necessary. Subcommittees shall not be composed of a regular and alternate member who represents the same jurisdiction. (d) Compensation. Members of the Committee shall serve without compensation. (e) Officers. The Committee shall elect a Chair and Vice Chair from the members thereof, each of whom shall serve for two (2) years and thereafter until his or her successor is elected. Committee support shall be provided by the Commission staff. 15 (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 16 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" 17 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 18 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" 20 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. 21 (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. 22 (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. 26 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. 27 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 29 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. 31 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. 32 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 38 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 39 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.