STATEMENT OF PROCEEDINGS OF THE BOARD OF SUPERVISORS

RIVERSIDE COUNTY, CALIFORNIA

 

ALL MEMBERS PRESENT

 

FEBRUARY 3, 2009

TUESDAY                                                                                                                   9:00 A.M.

 

Invocation by Amy Aldana, Urban Regional Planner, Planning Department

Pledge of Allegiance to the Flag

Presentation of Proclamation Declaring February 2009 as American Heart Month

 

OPENING COMMENTS:

 

   BOARD MEMBERS - Supervisor Ashley mentioned that the Utility Cost Avoidance Analysis on a synchronized 9/80 program and the 4/10 schedule and on furloughing the last 2 weeks of the year.

 

   Supervisor Tavaglione mentioned the economic down turn and that counties need to do a stronger job of getting the word out to our state legislators that they need to work together to come up with a budget.  He has been able to organize a joint meeting of 4 County Board of Supervisors, including San Diego, Imperial and San Bernardino County, in Sacramento on Thursday, February 12, 2009 to have a public meeting with our legislators.

 

   EXECUTIVE OFFICER

 

 

1.1       CLERK OF THE BOARD:  Proof of Publications.

(APPROVED)

 

2.1       AUDITOR-CONTROLLER:  Authorization to reissue County Warrants (#80).

(APPROVED AS RECOMM.)

 

2.2       COMMUNITY HEALTH AGENCY/PUBLIC HEALTH:  Annual Local Detention Facility Inspection Reports 2008.

(APPROVED AS RECOMM.)

 

2.3       COMMUNITY HEALTH AGENCY/PUBLIC HEALTH:  Appointment to the Emergency Medical Care Committee.

(APPROVED AS RECOMM.)

 

2.4       COUNTY COUNSEL/CODE ENFORCEMENT:  Approval of Findings of Fact, Conclusions and Order to Abate on Public Nuisance Case No. CV 08-01024, located one parcel south of 43455 Sage Road, Aguanga, APN 581-120-010, 3rd District.                    

(APPROVED AS RECOMM.)

 

2.5       COUNTY COUNSEL/CODE ENFORCEMENT:  Approval of Findings of Fact, Conclusions and Order to Abate on Public Nuisance Case No. CV 08-02674, located at 43455 Sage Road, Aguanga, APN 581-110-006, 3rd District. 

(APPROVED AS RECOMM.)

 

2.6       TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT MAP 28815 – Lake Mathews area – 1st District, Schedule A.  Approval of Agreements and Bonds for Extension of Time. 

(APPROVED AS RECOMM.)

 

2.7       TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT MAP 29513 – Lake Elsinore area – 1st District, Schedule B.  Approval of Agreements and Bonds for Extension of Time. 

(APPROVED AS RECOMM.)

 

2.8       TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT MAP 29208-1 – Eastvale area – 2nd District, Schedule A.  Approval of Agreements and Bonds for Extension of Time. 

(APPROVED AS RECOMM.)

 

2.9       TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT MAPS 29554, -1, -2, -3, -4, -5 (MS 3885 Storm Drain) – Temecula area – 3rd District, Schedule A.  Approval of Agreements and Bonds for Extension of Time.                         

(APPROVED AS RECOMM.)

 

2.10    TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT MAPS 30347, -1, -2, -3 (MS 3911) – Temecula area – 3rd District, Schedule A.  Approval of Agreements and Bonds for Extension of Time. 

(APPROVED AS RECOMM.)

 

2.11    TREASURER-TAX COLLECTOR: Treasurer’s Monthly Disclosure Report on Investments.                      

(APPROVED)

 

2.12    SUPERVISOR WILSON:  Appointment to the Palo Verde Cemetery District.

(APPROVED AS RECOMM.)

 

2.13    SUPERVISOR TAVAGLIONE:  Re-appointment to the Riverside-Corona Resource Conservation District.

(APPROVED AS RECOMM.)

 

2.14    SUPERVISOR TAVAGLIONE:  Re-appointment to the Riverside-Corona Resource Conservation District.

(APPROVED AS RECOMM.)

 

3.1       SUPERVISOR WILSON:  Adoption of Resolution 2009-070, In Support of Senate Bill 39 (Benoit) indemnifying Good Samaritans providing emergency care.                            (APPROVED AS RECOMM.)

 

3.2       SUPERVISOR WILSON:  Fourth District Use of Community Improvement Designation Funds for the Twin Pines Ranch, and Budget Adjustments.

(APPROVED AS RECOMM.)

 

3.3       SUPERVISOR WILSON:  Fourth District Use of Community Improvement Designation Funds for the Golden Rainbow Senior Center, and Budget Adjustments.               (APPROVED AS RECOMM.)

 

3.4       SUPERVISOR WILSON:  Fourth District Use of Community Improvement Designation Funds for the Sky Valley Citizens on Patrol, and Budget Adjustments.               (APPROVED AS RECOMM.)

 

3.5       SUPERVISOR WILSON:  Fourth District Use of Community Improvement Designation Funds for the Western Center for Archaeology & Paleontology, and Budget Adjustments.  

(APPROVED AS RECOMM.)

 

3.6       SUPERVISOR STONE:  Third District Use of Community Improvement Designation Funds for the Valley Restart Shelter, and Budget Adjustments.

(APPROVED AS RECOMM.)

 

3.7       SUPERVISOR STONE:  Third District Use of Community Improvement Designation Funds for the Sun City Crime Watch, Inc., and Budget Adjustments.

(APPROVED AS RECOMM.)

 

3.8       SUPERVISOR ASHLEY:  Fifth District Use of Community Improvement Designation Funds for the Perris Chambers of Commerce, Reviving Baseball in Inner Cities, North High School, and Riverside County Officer Memorial Foundation, and Budget Adjustments. 

(APPROVED AS RECOMM.)

 

3.9       COMMUNITY HEALTH AGENCY/PUBLIC HEALTH:  Ratify the FY 08-09 Emergency Medical Services Appropriation Standard Agreements with the California Department of Health Services, and Approval of Budget Adjustments.

(APPROVED AS RECOMM.)

 

3.10    COMMUNITY HEALTH AGENCY/PUBLIC HEALTH:  Ratify the First Amendment to Contract with California Baptist University for student affiliation and coordination of clinical rotation services.

(APPROVED AS RECOMM.)

 

3.11    COMMUNITY HEALTH AGENCY/PUBLIC HEALTH:  Ratify the Amendment to Contract with the San Bernardino County Department of Public Health for HIV/AIDS Medical Care, Medical Case Management, Early Intervention Services, Mental Health, Outreach, Pharmacy Services and Planning Council Support.

(APPROVED AS RECOMM.)

 

3.12    ECONOMIC DEVELOPMENT AGENCY:  Consent to Aviation Sublease at Jacqueline Cochran Regional Airport, 4th District.

(APPROVED AS RECOMM.)

 

3.13    FACILITIES MANAGEMENT:  Acceptance of Notice of Completion on Ben Clark Training Center Electrical Site Infrastructure – Phase I.

(APPROVED AS RECOMM.)

 

3.14    FACILITIES MANAGEMENT:  Resolution 2009-032, Authorization to Purchase a portion of Assessor’s Parcel No. 283-150-017 and Access Easements for the Temescal Site, Public Safety Enterprise Communication Project, 1st District.

(APPROVED AS RECOMM.)

 

3.15    FACILITIES MANAGEMENT:  Approval of Agreement with Dalke & Sons Construction, Inc. for the Grace Mellman Library Exterior Paint, Landscaping and Monument Sign Project, and the Total Project Budget, 3rd District.

(APPROVED AS RECOMM.)

 

3.16    FIRE – OFFICE OF EMERGENCY SERVICES:  FY 09 Emergency Operations Center (EOC) Grant Program – Authorization to apply for EOC Grant.

(APPROVED AS RECOMM.)

 

3.17    FIRE – OFFICE OF EMERGENCY SERVICES:  Acceptance of a Grant Award to Riverside County Fire Department from Toys R Us, and Approval of Budget Adjustments.            

(APPROVED AS RECOMM.)

 

3.18    HUMAN RESOURCES:  Ratify the First Dental Health Network Lease and Marketing Agreement Renewal.

(APPROVED AS RECOMM.)

 

3.19    HUMAN RESOURCES:  Approval of the Exclusive Care – Exclusive Provider Option Medical Contractor Agreement with Cynthia G. Leichman, M.D.

(APPROVED AS RECOMM.)

 

3.20    HUMAN RESOURCES:  Ratify the Exclusive Care – Exclusive Provider Option Medical Contractor Agreement with Southern California Desert Retina Consultants Medical Corporation.

(APPROVED AS RECOMM.)

 

3.21    HUMAN RESOURCES:  Ratify the Exclusive Care – Exclusive Provider Option Medical Contractor Agreement with David G. Madison, D.C., Chiropractic Corporation.               (APPROVED AS RECOMM.)

 

3.22    HUMAN RESOURCES:  Approval of the Exclusive Care – Exclusive Provider Option Medical Contractor Agreement with Lawrence P. Leichman, M.D.

(APPROVED AS RECOMM.)

 

3.23    HUMAN RESOURCES:  Ratify the Exclusive Care – Exclusive Provider Option Medical Contractor Agreement with Delphine V. Short, D.C., doing business as Beaumont Chiropractic.

(APPROVED AS RECOMM.)

 

3.24    HUMAN RESOURCES:  Approval of the Exclusive Care – Exclusive Provider Option Behavioral Health Contractor Agreement with Marla Pitzek, Marriage Family Therapist.    

(APPROVED AS RECOMM.)

 

3.25    PURCHASING AND FLEET SERVICES:  Rescind Policy A-39, Purchasing and Use of Recycled Materials, and Approval of Board Policy A-64, Environmental Purchasing Policy.   

(APPROVED AS RECOMM.)

 

3.26    PURCHASING AND FLEET SERVICES:  Approval of proposed Award of Contract to Layne Christensen Company for the 2008 Monitoring Well Construction Project at Badlands Sanitary Landfill, 5th District.

(APPROVED AS RECOMM.)

 

3.27    TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  INTRODUCTION OF ORDINANCE NO. 499.12, an Ordinance of the County of Riverside Amending Ordinance No. 499 relating to Encroachment in County Highways.         

(SET FOR HRG. 2/24/09 @ 9:30 A.M.)

 

3.28    TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION: Approval of Plans and Specifications for the Construction of median island hard-scape using river rock on Limonite Avenue, from 600 feet westerly of Palomino Drive to Camino Real in the Indian Hills/Pedley area, 2nd District.

(APPROVED AS RECOMM.)

 

3.29    EXECUTIVE OFFICE:  State of the County 2009.

(APPROVED AS RECOMM.)

 

3.30    EXECUTIVE OFFICE:  FY 08/09 Mid-Year Budget Report.

(APPROVED AS RECOMM.)

 

3.31    EXECUTIVE OFFICE:  FY 2009/10 Internal Service Fees:

 

    A.    ASSESSOR-COUNTY CLERK-RECORDER:  Approval of Rate Schedule for the Records Management and Archives Program for FY 09-10 and new rates effective Feb. 1, 2009.

(APPROVED AS RECOMM.)

 

    B.    FACILITIES MANAGEMENT:  Approval of Proposed FY 2009/10 Productive Hourly Rates for Custodial Services.

(APPROVED AS RECOMM.)

 

    C.    FACILITIES MANAGEMENT:  Approval of Proposed FY 2009/10 Productive Hourly Rates for Design & Construction Division, Facilities Project Group, and Real Estate Division.  

(APPROVED AS RECOMM.)

 

    D.    FACILITIES MANAGEMENT:  Approval of Proposed FY 2009/10 Productive Hourly Rates for Maintenance Services.

(APPROVED AS RECOMM.)

 

    E.    HUMAN RESOURCES:  Approval of Human Resources General Fund Rate Charge for Fiscal Year 2009-2010.

(APPROVED AS RECOMM.)

 

    F.     HUMAN RESOURCES:  Approval of Human Resources Internal Service Fund Rates for Fiscal year 2009-2010.

(APPROVED AS RECOMM.)

 

    G.    ONLINE ADMINISTRATIVE SERVICES INFORMATION SYSTEM (OASIS):  Approval of OASIS Rates for Fiscal Year 2009-10.

(APPROVED AS RECOMM.)

 

    H.    PURCHASING AND FLEET SERVICES:  Approval of FY 2009-2010 Rate Changes for Central Mail Services.

(APPROVED AS RECOMM.)

 

     I.     PURCHASING AND FLEET SERVICES:  Approval of FY 2009-2010 Fleet Services ISF Rate Changes.

(APPROVED AS RECOMM.)

 

    J.     PURCHASING AND FLEET SERVICES:  Approval of FY 2009/10 Printing Services ISF Rate Changes.

(APPROVED AS RECOMM.)

 

    K.    PURCHASING AND FLEET SERVICES: Approval of FY 2009-2010 Supply Services ISF Rate Changes.

(APPROVED AS RECOMM.)

 

    L.     RIVERSIDE COUNTY INFORMATION TECHNOLOGY:  Approval of FY 2009-2010 Service Rates for Riverside County Information Technology.

(APPROVED AS RECOMM.)

 

3.32    SUPERVISOR STONE:  Third District Use of Community Improvement Designation Funds for the Chaparral We the People, and Budget Adjustments. 

(APPROVED AS RECOMM.)

 

3.33    SUPERVISOR STONE:  Safeguard County of Riverside Against Preventable Expenses (SCRAPE).

(FORWARD TO E.O. TO REPORT BACK DURING BUDGET HEARINGS)

 

3.34    SUPERVISOR TAVAGLIONE:  Second District Use of Community Improvement Designation Funds for the Riverside County EDA for the Fourth Annual Character Counts Youth Awards Ceremony, and Budget Adjustments.

(APPROVED AS RECOMM.)

 

3.35    SUPERVISOR TAVAGLIONE:  Second District Use of Community Improvement Designation Funds for the VIP Mentors Riverside County, and Budget Adjustments.               (APPROVED AS RECOMM.)

 

3.36    SUPERVISOR TAVAGLIONE:  Second District Use of Community Improvement Designation Funds for the Jurupa Valley Chamber of Commerce, and Budget Adjustments.            

(APPROVED AS RECOMM.)

 

3.37    SUPERVISOR TAVAGLIONE:  Second District Use of Community Improvement Designation Funds for A Salute to Veterans Parade Committee, and Budget Adjustments.              

(APPROVED AS RECOMM.)

 

3.38    SUPERVISOR TAVAGLIONE:  Second District Use of Community Improvement Designation Funds for the Volunteer Center of Riverside County, and Budget Adjustments.             

(APPROVED AS RECOMM.)

 

3.39    SUPERVISOR TAVAGLIONE:  Second District Use of Community Improvement Designation Funds for the Riverside National Cemetery Support Committee for the 2009 Concert for Heroes, and Budget Adjustments. 

(APPROVED AS RECOMM.)

 

4.1       REDEVELOPMENT AGENCY:  Ratify the Fourth Amendment to the Consulting Services Agreement with David Evans & Associates for the Palomar Street and Sewer Improvement Project, 1st District.

(APPROVED AS RECOMM.)

 

4.2       REDEVELOPMENT AGENCY:  Approval of the Third Amendment to the Engineering Services Agreement with Webb and Associates for the Mesa Verde Blythe Airport Water System, 4th District.

(APPROVED AS RECOMM.)

 

9.1       COUNTY COUNSEL/CODE ENFORCEMENT:  Public Hearing on Abatement of Public Nuisance [Excess Outside Storage, Accumulation of Rubbish] on Case No. CV 07-4180, located 1 parcel North of 39290 Contreras Road, Anza, APN 576-290-019, 3rd District.

(APPROVED AS RECOMM.)

 

9.2       COUNTY COUNSEL/CODE ENFORCEMENT:  Public Hearing on Abatement of Public Nuisance [Excess Outside Storage] on Case No. CV 07-6226, located at 39393 Solidago Road, Temecula, APN 942-150-004, 3rd District.

(APPROVED AS RECOMM.)

 

9.3       COUNTY COUNSEL/CODE ENFORCEMENT:  Public Hearing on Statement of Expense on Public Nuisance Case No. CV 06-2989, located at 18809 Deer Trail, Banning, APN 545-096-015, 3rd District.

(APPROVED AS RECOMM.)

 

9.4       COUNTY COUNSEL/CODE ENFORCEMENT:  Public Hearing on Statement of Expense on Public Nuisance Case Nos. CV 05-5834, CV 06-6545, and CV 06-6547, located 1 lot West of 14979 Neighbors Blvd., Blythe, APN 866-260-006, 4th District.                      

(APPROVED AS RECOMM.)

 

9.5       Nancy Grattman-Tyler spoke in opposition on Redevelopment Projects in four communities.

 

9.6       Garry Grant spoke regarding non reciprocal districts – CSA 41B.

 

9.7       Robert Mabee read statement into record.

 

9.8       Erin Kinney spoke regarding code enforcement case and submitted documents.

 

9.9       Tony Papa spoke regarding the Agricultural Commissioner giving a permit without any investigation on the Fitzpatrick property.

 

9.10    Sellyne Audi, Faustino Luib, Tamara Williams and Jamie spoke regarding SEIU and child care services.

 

CONCURRENT EXECUTIVE SESSION-COUNTY OF RIVERSIDE, REDEVELOPMENT AGENCY, REGIONAL PARK AND OPEN SPACE DISTRICT, FLOOD CONTROL AND WATER CONSERVATION DISTRICT, WASTE RESOURCES MANAGEMENT DISTRICT, HOUSING AUTHORITY, PERRIS VALLEY CEMETERY DISTRICT, IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND COMMUNITY FACILITIES DISTRICTS:

 

With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9:

Conference with legal counsel-existing litigation:

(Subdivision (a) of Government Code Section 54956.9)

 

A.1      County of Riverside v. Law's Lunch and Dinner, Inc. (Riverside Superior Court case no. RIC517692)

(The Board voted to authorize County Counsel to initiate litigation)

 

A.2      Jasmine Johnson v. County of Riverside (Riverside Superior Court case no. RIC 480595)

 

A.3      City of Moreno Valley v. County of Riverside; Office of the Riverside County Auditor-Controller; Robert E. Byrd et al. (Riverside Superior Court case no. RIC 514702)

 

With respect to every item of business to be discussed in closed session pursuant to Section 54957:

 

B.1      Public Employee Appointment

Title: County Counsel

 

With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957.6:

 

B.2      Conference with labor negotiator:

            Agency negotiator – Ron Komers

            Employee organizations – DDAA, SEIU, LIUNA and RSA

 

With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9:

 

Conference with legal counsel-anticipated litigation:

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9:

 

C.1      One potential case.

(The Board approved to authorize County Counsel to file or join in an action to compel the State Controller to pay funds already appropriated by the State to the County for State programs. The Board also authorized the County to file or join in an action to relieve the County from providing state mandated services that have not been sufficiently funded by the State)

 

With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9:

 

Conference with legal counsel-anticipated litigation:

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9:

 

D.1      Two potential cases.

 

11.1    FLOOD CONTROL DISTRICT:  Approval of additional source of funds for the Consulting Services Agreement between the District and Mactec Engineering and Consulting, Inc., for Environmental Monitoring Services.

(APPROVED AS RECOMM.)

 

11.2    FLOOD CONTROL DISTRICT:  Quarterly Disclosure Report on Investment Portfolio (October through December 2008).

(APPROVED AS RECOMM.)

 

13.1    REGIONAL PARK AND OPEN SPACE DISTRICT:  Allocation of Funds for Interpretive Programs at the Regional Park & Open-Space District from Parks – Fish and Game Fund. (APPROVED AS RECOMM.)

 

15.1    TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING: GENERAL PLAN AMENDMENT NO. 980 (AGRICULTURE FOUNDATION) – Michael Foutz/Keith Suchow – Hemet/San Jacinto Area – San Jacinto Valley Area Plan – 3rd District. The Planning Director recommends that the Board adopt an order initiating proceedings for the above-referenced general plan amendment to amend the General Plan Land Use Designation from Agriculture: Agriculture (10 acre minimum) to Rural Community: Very Low Density Residential (1 acre minimum).

(CONT’D. TO 2/10/09 @ 1:30 P.M.)

 

16.1    TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Further Public Hearing on GENERAL PLAN AMENDMENT NO. 1047 / CHANGE OF ZONE NO. 7639 / TENTATIVE PARCEL MAP 32749 - Dan McLauglin – CG Consulting - Rancho California – Southwest Area Plan – 3rd District.  Recommendation of Planning Commission for adoption of a Mitigated Negative Declaration for Environmental Assessment No. 41889; Tentative Approval of GPA 1047, to amend the land use designation from Rural: Rural Mountainous (R: RM) (10 Acre Minimum) to Rural: Rural Residential (R: RR) (5 Acre Minimum); Tentative Approval of ZC 7639, to change the zone from Light Agriculture – 10 Acre Minimum (A-1-10) to Light Agriculture – 5 Acre Minimum (A-1-5); and, Approval of TPM 32749, Schedule H to subdivide 10.12 gross acres into two (2) residential parcels with a minimum size of five (5) gross acres.                    (TENT. APPROVED AS RECOMM.)

 

The Chairman declared the meeting adjourned in memory of Robert A. Green, Private Grant Cotting, Kay Smith, and John Sanchez.

Jeff Stone, Chairman of the Board of Supervisors

ATTEST:  Nancy Romero, Clerk of the Board of Supervisors