STATEMENT OF PROCEEDINGS OF THE BOARD OF SUPERVISORS

RIVERSIDE COUNTY, CALIFORNIA

 

ALL MEMBERS PRESENT

 

APRIL 28, 2009

TUESDAY                                                                                                                   9:00 A.M.

 

Invocation by Carolyn Luna, Director, Environmental Programs Department

Pledge of Allegiance to the Flag

Presentation of Proclamation Declaring May as Mental Health Court Month

Presentation of Proclamation Declaring May as Drug Court Month

Presentation of Proclamation Commemorating Riverside County Volunteer Week to Julisa Alvizo Silva and Presentation of Plaques to Volunteer Honorees.

Presentation of Proclamation Declaring National Victims Rights Week to Rod Pacheco, Riverside County District Attorney

Presentation of Service Awards

Public Health Update – Dr. Eric Frykman

Dr. Frykman presented a video presentation regarding the update on Swine Flu and reported on the steps his department has taken in response to the outbreak.   Additionally, Dr. Frykman stated that the public has been informed on what to do if they become ill.

 

OPENING COMMENTS:

 

   BOARD MEMBERS

  Supervisor Buster mentioned that volunteer programs are important to the County especially during these tough economic times and even with budget cuts we need to keep these programs going.

 

   Supervisor Wilson mentioned that while he was recovering he had the opportunity to watch Board meetings live via the internet and mentioned that the citizens of the County can stay fully up to date regarding issues in the County by going online.

 

   Supervisor Stone mentioned that fire season is fast approaching and there is some confusion by homeowners regarding conflicting information between Code Enforcement and the Fire Department. He asked that a workshop is scheduled soon to clarify any issues.

 

   EXECUTIVE OFFICER

 

1.1       CLERK OF THE BOARD:  Proof of Publications.

(APPROVED)

 

2.1       SUPERVISOR STONE:  Renewal of the Revised Local Emergency Declaration for Riverside County due to the epidemic infestation of bark beetles in the Mountain Communities of Idyllwild and Pine Cove.

(APPROVED AS RECOMM.)

 

2.2       AGRICULTURAL COMMISSIONER:  Renewal of the Local Emergency Declaration for Riverside County due to the spread of Pierce’s Disease in the Local Vineyards.      

(APPROVED AS RECOMM.)

 

2.3       AUDITOR-CONTROLLER:  Receive and File Internal Audit Report 2008-005-1:  Countywide Revolving Funds, Mental Health.

(APPROVED AS RECOMM.)

 

2.4       AUDITOR-CONTROLLER:  Receive and File Internal Audit Report 2008-005-2:  Countywide Revolving Funds, Assessor-County Clerk-Recorder’s Office.

(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 08-04437, located at 34554 Madera Del Playa, Temecula, APN 951-140-014, 3rd District.

(APPROVED AS RECOMM.)

 

2.6       MENTAL HEALTH:  Proclamation for the Celebration of Riverside County Mental Health Court.           

(APPROVED AS RECOMM.)

 

2.7       MENTAL HEALTH:  Proclamation to Declare May 2009 as National Drug Court Month in Riverside County.            

(APPROVED AS RECOMM.)

 

2.8       PUBLIC SOCIAL SERVICES:  Receive and File the Joint Report with the California State Association of Counties and the County Welfare Directors Association regarding Human Services in a Time of Economic Crisis.

(APPROVED AS RECOMM.)

 

2.9       TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT MAP 31027– Mecca area – 4th District, Schedule A. Approval of One Year Guarantee and Maintenance Agreements.

(APPROVED AS RECOMM.)

 

2.10    TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT MAP 30820 – Norco area – 2nd District, Schedule A. Approval of One Year Guarantee and Maintenance Agreements.

(APPROVED AS RECOMM.)

 

2.11    TREASURER-TAX COLLECTOR:  Treasurer’s Monthly Disclosure Report on Investments for March 2009.

(APPROVED AS RECOMM.)

 

2.12    OFFICE ON AGING:  Approval of the 2009-2012 Strategic Plan “Bridging the Generations for the Future.”

(APPROVED AS RECOMM.)

 

2.13    SUPERVISOR TAVAGLIONE:  Reappointment to the Regional Park and Open Space District Advisory Committee.

(APPROVED AS RECOMM.)

 

3.1       SUPERVISOR STONE:  Third District Use of Community Improvement Designation Funds to the Canyon Lake Women’s Club, and Budget Adjustments.

(APPROVED AS RECOMM.)

 

3.2       SUPERVISOR STONE:  Third District Use of Community Improvement Designation Funds to the VIP Tots, and Friends of the Valley Wide Foundation, and Budget Adjustments.                    

(APPROVED AS RECOMM.)

 

3.3       SUPERVISOR STONE:  Third District Use of Community Improvement Designation Funds to the Temecula Valley Balloon & Wine Festival Association, and Budget Adjustments.

(APPROVED AS RECOMM.)

 

3.4       EXECUTIVE OFFICE:  Receive and File the Development Mitigation Fee Payment Program Report.             

(APPROVED AS RECOMM.)

 

3.5       EXECUTIVE OFFICE:  Adoption of Resolution 2009-158, Authorizing and Approving the Fiscal Year 2009-2010 Tax and Revenue Anticipation Notes.

(APPROVED AS RECOMM.)

 

3.6       EXECUTIVE OFFICE:  Adoption of Resolution 2009-165, Authorizing and Approving the Letter of Credit Extension through a Second Amendment to Amended and Restated Sublease and Option to Purchase and Adoption of Resolution 2009-166, Authorizing and Approving the Extension of a Letter of Credit through a Second Amendment to Amended and Restated Sublease.

(APPROVED AS RECOMM.)

 

3.7       COMMUNITY ACTION PARTNERSHIP:  Approval of Multi-Year Independent Contractor Agreement with David Starrett Construction to Provide Weatherization Services.

(APPROVED AS RECOMM.)

 

3.8       COMMUNITY HEALTH AGENCY:  Approval of the Agreement with the Abaris Group to Provide a Logistical Plan for Activating, Mobilizing, Staffing, Equipping, Operating, and Demobilizing Field Treatment Sites for the Public Health Emergency Response Branch. 

(APPROVED AS RECOMM.)

 

3.9       ECONOMIC DEVELOPMENT AGENCY:  Approve the French Valley Airport Apron Rehabilitation Project, 3rd District. 

(APPROVED AS RECOMM.)

 

3.10    ECONOMIC DEVELOPMENT AGENCY:  Adoption of Resolution 2009-098, Making Certain Findings and Consent to Purchase Road Right of Way in the Jurupa Valley Project area by the Redevelopment Agency of the County of Riverside – Portion of APNs 178-202-018, 178-202-019, and 178-251-010, 2nd District.                      (APPROVED AS RECOMM.)

 

3.11    FACILITIES MANAGEMENT:  Adoption of Resolution No. 2009-068, Authorization to Purchase Real Property in the City of Blythe - APN 845-122-016, 4th District.       

(APPROVED AS RECOMM.)

 

3.12    FACILITIES MANAGEMENT:  Approve the Ground Sublease for the Lake Mathews Fire Station, Communications Tower, and Community Room and Approval of Budget Adjustment – Riverside, 1st District.

(DELETED)

 

3.13    FACILITIES MANAGEMENT:  Approve the Plans and Specifications for the Ben Clark Training Center Larry Parrish Parkway Waterline Extension, 1st District.

(APPROVED AS RECOMM.)

 

3.14    FACILITIES MANAGEMENT:  Acceptance of Notice of Completion – Ben Clark Training Center Modular Infrastructure Project, Approve a Reduction of the Contract Retention for Superior Construction Specialties, Inc. and Ratify Final Change Order No. 3, 1st District.

(APPROVED AS RECOMM.)

 

3.15    FACILITIES MANAGEMENT:  Approve Change Order No. 2 with Capstone, Inc., Acceptance of Notice of Completion – Palm Springs Superior Court – Remodel Project, and Authorization to release funds, 4th District.

(APPROVED AS RECOMM.)

 

3.16    FACILITIES MANAGEMENT AND TRANSPORTATION AND LAND MANAGEMENT/TRANSPORTATION:  Approve the Temporary Construction Easement Deed for the Miles Avenue and Clinton Street Road Widening Project – APN 608-051-017, and Approval of Budget Adjustment, 4th District.

(APPROVED AS RECOMM.)

 

3.17    FACILITIES MANAGEMENT AND TRANSPORTATION AND LAND MANAGEMENT/TRANSPORTATION:  Adoption of Resolution 2009-107, Agreeing to Hear Future Resolutions of Necessity for the Date Palm Drive Interchange at Interstate 10 Project, 4th District.

(APPROVED AS RECOMM.)

 

3.18    HUMAN RESOURCES:  Approve the Exclusive Care – Exclusive Provider Option Medical Contractor Agreement with University Pain Consultants, Inc.

(APPROVED AS RECOMM.)

 

3.19    HUMAN RESOURCES:  Approve the Exclusive Care – Exclusive Provider Option Medical Contractor Agreement with Apex Urgent Care, Inc.

(APPROVED AS RECOMM.)

 

3.20    HUMAN RESOURCES:  Approve the Exclusive Care – Exclusive Provider Option Medical Contractor Agreement with Frank Quei-Chuan Tang, M.D., F.A.A.P., Inc. a professional corporation.

(APPROVED AS RECOMM.)

 

3.21    MENTAL HEALTH:  Adoption of Resolution 2009-115, Authorizing the Mental Health Department to Accept Mental Health State Funds.

(APPROVED AS RECOMM.)

 

3.22    PUBLIC SOCIAL SERVICES:  Approval of the Operational Agreement with the Inland Empire Health Plan for Healthy Kids (CW4074-00).

(APPROVED AS RECOMM.)

 

3.23    SHERIFF-CORONER-PA:  Approval of the Budget Adjustment for Computers and Software for Sheriff’s Court Services. 

(APPROVED AS RECOMM.)

 

3.24    SHERIFF-CORONER-PA:  Approval of the Budget Adjustments for FY08/09 AB158 Indian Gaming Impact Mitigation Grant Awards to the Riverside County Sheriff’s Department.

(APPROVED AS RECOMM.)

 

3.25    SHERIFF-CORONER-PA:  Approval of the Safe Streets Task Force/Inland Regional Apprehension Team Memorandum of Understanding with the Federal Bureau of Investigation.

(APPROVED AS RECOMM.)

 

3.26    TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Density Transfer and Density Bonus Guidelines.

(CONT’D. TO 5/5/09 @ 9:00 A.M.)

 

3.27    TRANSPORTATION AND LAND MANAGEMENT/TRANSPORTATION:  Approval of the License Agreement between the Riverside County Transportation Department, Riverside County Flood Control District and the Riverside County Regional Park and Open Space District for Bain Street’s Trail Improvements adjacent to the San Sevaine Channel - Mira Loma, 2nd District. 

(APPROVED AS RECOMM.)

 

3.28    TRANSPORTATION AND LAND MANAGEMENT/TRANSPORTATION:  Adoption of Resolution 2009-121 Designating Restricted Parking Zones for certain Commercial Vehicles on Mission Boulevard in the Rubidoux area, 2nd District.                 

(APPROVED AS RECOMM.)

 

3.29    TRANSPORTATION AND LAND MANAGEMENT/TRANSPORTATION:  Adoption of Resolution 2009-141 Reducing Permissible Vehicle Weight on County Highways in the Glen Avon area, 2nd District.

(APPROVED AS RECOMM.)

 

3.30    TRANSPORTATION AND LAND MANAGEMENT/TRANSPORTATION:  Acceptance of Notice of Completion – Resurfacing of roads, Sun City area, 3rd District.                  

(APPROVED AS RECOMM.)

 

3.31    TRANSPORTATION AND LAND MANAGEMENT/TRANSPORTATION:  Approval of a Construction Cooperative Agreement between the County of Riverside, Coachella Valley Association of Governments and the State of California Department of Transportation for a proposed interchange at I-10 and Bob Hope Drive and Rescind a prior version of the agreement, 4th District.

(APPROVED AS RECOMM.)

 

3.32    TREASURER-TAX COLLECTOR:  Approval of the First Amendment to the Agreement with Romero Law Firm to Provide Outside Legal Counsel for Bankruptcy Services.  (APPROVED AS RECOMM.)

 

3.33    TREASURER-TAX COLLECTOR:  Authorize the Transfer of Unclaimed Money to the County General Fund.

(APPROVED AS RECOMM.)

 

3.34    FACILITIES MANAGEMENT:  Approve the Lease Agreement – Transportation and Land Management Agency, and Approval of a Budget Adjustment, Murrieta, 3rd District.         

(CONT’D. TO 5/5/09 @ 9:00 A.M.)

 

3.35    SUPERVISOR TAVAGLIONE AND SUPERVISOR ASHLEY:  Recommendations of the Red Team Report.

(APPROVED AS RECOMM.)

 

3.36    EXECUTIVE OFFICE:  FY 2008-09 Third Quarter Budget Report.

(APPROVED AS RECOMM. W/DIRECTION)

 

3.37    HUMAN RESOURCES:  Approval of the Amendment to the CalPERS Contract and Authorization to Provide Two (2) Years of Additional Service Credit for Riverside County Public Service Employees.

(CONT’D. TO 5/5/09 @ 9:00 A.M. W/DIRECTION)

 

3.38    SUPERVISOR WILSON:  Fourth District Use of Community Improvement Designation Funds to the American Red Cross, and Budget Adjustments.

(APPROVED AS RECOMM.)

 

3.39    SUPERVISOR WILSON:  Fourth District Use of Community Improvement Designation Funds to SafeHouse of the Desert, and Budget Adjustments. 

(APPROVED AS RECOMM.)

 

4.1       REDEVELOPMENT AGENCY:  Adoption of RDA Resolution 2009-021, Authorization to Purchase Road Right of Way in the Jurupa Valley Project area – Portion of APNs 178-202-018, 019, and 178-251-010, 2nd District.

(APPROVED AS RECOMM.)

 

7.1       IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY:  FY 2009/10 Requested Budget for the Public Authority.

(APPROVED AS RECOMM.)

 

9.1       COUNTY COUNSEL/CODE ENFORCEMENT:  Public Hearing on Abatement of Public Nuisance [Grading without Permit] on Case No. CV 08-04545, located at 40644 Hacienda Drive, Murrieta, APN 932-340-013, 1st District.

(CONT’D. TO 5/12/09 @ 9:30 A.M.)

 

9.2       COUNTY COUNSEL/CODE ENFORCEMENT:  Public Hearing on Abatement of Public Nuisance [Excess Outside Storage] on Case No. CV 07-6227, located at 39450 Solidago Road, Temecula, APN 942-150-008, 3rd District.

(TAKEN OFF CALENDAR)

 

9.3       Robert Mabee read his statement into the record

 

9.4       Billie C. Boyd of Mead Valley suggested that money from transportation be used to keep law enforcement in the area and he would like street lights put in on the main road.

 

9.5       E.T. Snell made comments concerning the budget, using volunteers for public safety and freedom of speech.

 

9.6       Doug Owens mentioned he was cited for demonstrating in front of the Church of Scientology and he requested that Ordinance 884 be repealed.

 

9.7       Francois Choquette suggested turning the Golden Era productions facility located in Hemet into a for-profit tax paying resort and he listed reasons why the facility should be investigated and shut down.

 

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      Endangered Habitats League v. County of Riverside (Riverside Superior Court case no. RIC 402952)

 

A.2      Riverside County Flood Control and Water Conservation District v. RCM Capital Partners LLC, et al. (Riverside Superior Court case no. RIC 463104)

 

(NO PUBLIC REPORT)

 

  11.1    FLOOD CONTROL DISTRICT:  Receive and File the Quarterly Disclosure Report on Investment Portfolio (January thru March 2009).

(APPROVED AS RECOMM.)

 

11.2    FLOOD CONTROL DISTRICT:  Approve the License Agreement between the District, County of Riverside and the Riverside County Regional Park and Open Space District for the San Sevaine Channel Trails, 3rd District. 

(APPROVED AS RECOMM.)

 

11.3    FLOOD CONTROL DISTRICT:  Adoption of Resolution F2009-10, Notice of Intent to Sell an Interest in District Owned Real Property, Lake Elsinore Outlet Channel, APN 374-072-018, 020, 022.

(APPROVED AS RECOMM.)

 

12.1    WASTE RESOURCES MANAGEMENT:  Acceptance of Notice of Completion – Earthwork Excavation for Future Site Improvement Projects at the Lamb Canyon Sanitary Landfill, 5th District.

(APPROVED AS RECOMM.)

 

13.1    REGIONAL PARK AND OPEN SPACE DISTRICT:  Approve the License Agreement between the District, County of Riverside and the Riverside County Flood Control District along the San Sevaine Channel (Jim Real Regional Trail), 2nd District.         

(APPROVED AS RECOMM.)

 

13.2    REGIONAL PARK AND OPEN SPACE DISTRICT:  Approve the Interagency Agreement between Eastern Municipal Water District and the Regional Park and Open-Space District for Sewer System Maintenance at the Lake Skinner Recreation Area, 3rd District.

(APPROVED AS RECOMM.)

 

15.1    TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING: GENERAL PLAN AMENDMENT NO. 1073 (ENTITLEMENT/POLICY) – County of Riverside – Various Zoning Districts – All Area Plans – All Supervisorial Districts. The Planning Director recommends that the Board adopt an order initiating proceedings for the above-referenced general plan amendment to amend the language found in the Land Use Policy 6.2 of the Land Use Element in order to allow public facilities in any land use designation except for the Open Space-Conservation and the Open Space-Habitat and use designations.

(APPROVED AS RECOMM.)

 

16.1    TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Public Hearing on ADOPTION OF ORDINANCE Amendment No. 348.4636, an amendment to Riverside County Land Use Ordinance No. 348, which proposes to establish a Bermuda Dunes Neighborhood Preservation Overlay zone for all areas within the Bermuda Dunes Community Council boundary.  This amendment will supplement or restrict uses on properties beyond the general requirements of underlying zoning classification as identified in Ordinance 348.  As a result of this amendment, the property owners within the Bermuda Dunes Community will be required to comply with the overlay standards in addition to the underlying zone.  The Bermuda Dunes Community is located within the Western Coachella Valley Area Plan near the intersection of Washington Street and Interstate 10.

(APPROVED AS RECOMM.)

 

16.2    TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Public Hearing on Fast Track 2007-07 CONDITIONAL USE PERMIT NO. 3569 / TENTATIVE PARCEL MAP NO. 35671 / VARIANCE NO. 1850 – Mark Frost – Albert A. Webb & Associates – Winchester Zoning Area – Harvest Valley/Winchester Area Plan – 3rd District.  Recommendation of Planning Commission for adoption of a Mitigated Negative Declaration for Environmental Assessment No. 41581; Approval of CUP 3569, to construct an 18.37 gross acre commercial center consisting of eleven (11) buildings totaling 135,500 square feet of building area, 701 standard parking stalls, and 29 handicapped stalls, and consists of four (4) major buildings totaling 90,950 square feet, three (3) retail shops buildings totaling 26,300 square feet, three (3) fast food drive-thru pads totaling 14,400 square feet, and a 3,850 square foot convenience store pad with a gas station fuel area and drive-thru carwash; Approval of  TPM 35671, Schedule E, to subdivide 18.37 gross acres into eight (8) commercial lots; and, Approval of Variance No. 1850, to increase the number of free-standing signs allowed per parcel from a maximum of two (2) to three (3) free-standing signs on proposed parcel 1, to increase the number of free-standing signs allowed per parcel from a maximum of one (1) to two (2) free-standing signs on proposed parcel 5, and to increase the maximum height allowed for a free-standing pylon sign from 20 feet to 28 feet.

(TENT. APPROVED AS RECOMM.)

 

16.3    TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  Public Hearing on ADOPTION OF ORDINANCE NO. 824.6, an Ordinance of the County of Riverside Amending Ordinance No. 824, Authorizing Participation in the Western Riverside County Transportation Uniform Mitigation Fee Program Adjustment. (APPROVED AS RECOMM.)

 

16.4    EXECUTIVE OFFICE:  Annual Capital Improvement Plan Workshop

(APPROVED AS RECOMM. W/DIRECTION)

 

The Chairman declared the meeting adjourned in memory of Ben Hammerschmidt and Jack Walker to Monday, May 4, 2009.

Jeff Stone, Chairman of the Board of Supervisors

ATTEST:  Kecia Harper-Ihem, Clerk of the Board of Supervisors