STATEMENT OF PROCEEDINGS OF THE BOARD OF SUPERVISORS

RIVERSIDE COUNTY, CALIFORNIA

ALL MEMBERS PRESENT EXCEPT SUPERVISOR TAVAGLIONE

NOVEMBER 15, 2011

TUESDAY

8:30 A.M.

Presentation – Community Health Charities Award

Invocation by Chaplain Jim Clizbe, Sheriff's Department

Pledge of Allegiance to the Flag

OPENING COMMENTS:

BOARD MEMBERS

Supervisor Buster mentioned Veterans Day event.

Supervisor Benoit mentioned Stan Sniff Sr. was honored in the City of La Quinta for council service. He also commended the Registrar of Voters and mentioned the New York Times article regarding clean energy.

Supervisor Stone mentioned labor contract negotiations and reduction of pension plan.

Supervisor Buster mentioned Redevelopment litigation case.

EXECUTIVE OFFICER

STATE BUDGET UPDATE

1.1 CLERK OF THE BOARD: Proof of Publications.

(APPROVED)

1.2 TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING: TENTATIVE TRACT MAP NO. 30760 – Temescal Valley Land, LLC – Alberhill Zoning Area – Elsinore Area Plan – First District, 148.3 Acres, R-5 and R-4 Zoning. Second Extension of Time approved by the Planning Commission.

(RECEIVED AND FILED)

1.3 TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING: CONDITIONAL USE PERMIT NO. 3673 – Lee Arnson – Idyllwild Zoning District – Riverside Extended Mountain Area Plan – 3rd District, 2.52 Gross Acres, C-P-S Zoning. The Conditional Use Permit proposes to construct a community playground (tot lot) to an existing park. Approved by the Planning Commission

(RECEIVED AND FILED)

1.4 TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING: CONDITIONAL USE PERMIT NO. 3643 – Dereck Henderson/Michael Swartz – Thousand Palms Zoning District – Western Coachella Valley Area Plan – 4th District, 2.6 Gross Acres, C-P-S Zoning. The Conditional Use Permit proposes to renew the entitlement of an existing 74 space Recreational Vehicle (RV) storage facility with manager's office/on-site operator's residence previously approved under Conditional Use Permit No. 3257, but expired on July 1, 2009. No new construction is proposed. Approved by the Planning Commission.

(RECEIVED AND FILED)

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 EXECUTIVE OFFICE: Receive and File the Annual Investment Audit Report.

(APPROVED AS RECOMM.)

2.3 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.)

2.4 COUNTY COUNSEL/CODE ENFORCEMENT: Approval of Findings of Fact, Conclusions and Order to Abate on Public Nuisance Case No. CV 10-08353 located at 15118 Elm Street, Cabazon; APN: 528-121-001, 5th 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 10-08354 located at 52207 Maxine Avenue, Cabazon; APN: 528-103-019, 5th District.

(APPROVED AS RECOMM.)

2.6 COUNTY COUNSEL/CODE ENFORCEMENT: Approval of Findings of Fact, Conclusions and Order to Abate on Public Nuisance Case No. CV 10-08355 located at 15250 Plum Street, Cabazon; APN: 528-063-009, 5th District.

(APPROVED AS RECOMM.)

2.7 COUNTY COUNSEL/CODE ENFORCEMENT: Approval of Findings of Fact, Conclusions and Order to Abate on Public Nuisance Case No. CV 10-08356 located at 51905 Lois Avenue, Cabazon; APN: 528-042-012, 5th District.

(APPROVED AS RECOMM.)

2.8 COUNTY COUNSEL/CODE ENFORCEMENT: Approval of Findings of Fact, Conclusions and Order to Abate on Public Nuisance Case No. CV 10-08357 located at 51919 Adele Avenue, Cabazon; APN: 528-032-012, 5th District.

(APPROVED AS RECOMM.)

2.9 COUNTY COUNSEL/CODE ENFORCEMENT: Approval of Findings of Fact, Conclusions and Order to Abate on Public Nuisance Case No. CV 10-08358 located at 51834 Maxine Avenue, Cabazon; APN: 528-032-031, 5th District.

(APPROVED AS RECOMM.)

2.10 TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION: Approval of PARCEL MAP 36124 – Glen Valley Area – 1st District, Schedule E. Approval of the Final Map.

(APPROVED AS RECOMM.)

2.11 TREASURER-TAX COLLECTOR: Approval of the Revised Treasurer's Statement of Investment Policy.

(APPROVED AS RECOMM.)

2.12 TREASURER-TAX COLLECTOR: Receive and File the Treasurer's Purchase Detail Report for October 2011.

(APPROVED AS RECOMM.)

2.13 TREASURER-TAX COLLECTOR: Receive and File the Treasurer's Monthly Statement of County and School Funds for October 2011.

(APPROVED AS RECOMM.)

2.14 TREASURER-TAX COLLECTOR: Approval of the Intended Public Auction Sale of Tax Defaulted Real Property, Sale No. TC-192, scheduled for March 20, 2012 at the Riverside Convention Center; Approval and adoption of the provision of the Revenue and Taxation Code Section 3698.5(a), 3698.5(c) and Section 4703(a); Adoption of Resolution 2011-266 approving the sale of tax-defaulted property.

(APPROVED AS RECOMM.)

2.15 COMMUNITY HEALTH AGENCY/ANIMAL SERVICES: Acceptance of a Donation from the United Activists for Animal Rights.

(APPROVED AS RECOMM.)

2.16 PUBLIC SOCIAL SERVICES: Ratify and Receive and File the Executed U.S. Department of Housing and Urban Development Grant Agreement, 4th District.

(APPROVED AS RECOMM.)

3.1 SUPERVISOR STONE: ADOPTION OF ORDINANCE NO. 914 Relating to the Reimbursement of Incarceration Costs Incorporating by Reference Penal Code Section 1203.1c – Require Every Convict Occupant Reimburse County Expenses (RECORCE).

(APPROVED AS RECOMM.)

3.2 SUPERVISOR BENOIT: Fourth District Use of Community Improvement Designation Funds for the Colorado River Senior & Community Center; Coachella Valley Association of Governments (CVAG); Palm Springs Festival of Lights; and Approval of Budget Adjustments.

(APPROVED AS RECOMM.)

3.3 COMMUNITY HEALTH AGENCY: Ratify the Agreement with Marin County for Medi-Cal Administrative Activities (MAA)/Targeted Case Management (TCM) Participation Fees for FY 2011/2012 and FY 2012/2013.

(APPROVED AS RECOMM.)

3.4 COMMUNITY HEALTH AGENCY/PUBLIC HEALTH: Authorize the Chairman to Sign the California Children's Services (CCS) and Child Health and Disability Prevention (CHDP) Program Certification Statements.

(APPROVED AS RECOMM.)

3.5 ECONOMIC DEVELOPMENT AGENCY: Approval of the Plans and Specifications for the Indio Milestones Mental Health Adult Residential Facility Improvement Project, 4th District.

(APPROVED AS RECOMM.)

3.6 ECONOMIC DEVELOPMENT AGENCY: Approval of the Sponsorship Agreement for a Shop Local Marketing Campaign to Assist Riverside County's Automotive Sales Industry.

(APPROVED AS RECOMM.)

3.7 ECONOMIC DEVELOPMENT AGENCY/FACILITIES MANAGEMENT: Approval of the Third Amendment to Lease – Cooperative Extension; and Approval of a Budget Adjustment, 4th District.

(APPROVED AS RECOMM.)

3.8 HUMAN RESOURCES: Approval of the Exclusive Care – New Exclusive Provider Option to the Medical Contractor Agreement with Anoop Maheshwari, M.D., A Professional Corporation.

(APPROVED AS RECOMM.)

3.9 HUMAN RESOURCES: Approval of the Exclusive Care – New Exclusive Provider Option to the Medical Contractor Agreement with Patricia L. James, M.D., Inc.

(APPROVED AS RECOMM.)

3.10 HUMAN RESOURCES: Approval of the Exclusive Care – New Exclusive Provider Option to the Behavioral Health Contractor Agreement with Novell & Novell Counseling Services, A Marriage and Family Therapy Professional Corporation.

(APPROVED AS RECOMM.)

3.11 HUMAN RESOURCES: Approval of the Exclusive Care – New Exclusive Provider Option to the Ancillary Contractor Agreement with CardioNet, Inc.

(APPROVED AS RECOMM.)

3.12 HUMAN RESOURCES: Approval of the Exclusive Care – New Exclusive Provider Option Second Amendment to the Medical Contractor Agreement with Clifford O. Brown, M.D., Inc.

(APPROVED AS RECOMM.)

3.13 HUMAN RESOURCES: Approval of the Exclusive Care – Exclusive Provider Option First Amendment to the Medical Contractor Agreement with Family Planning Associates Medical Group, Inc.

(CONT'D. TO 12/13/11 @ 9:00 A.M.)

3.14 MENTAL HEALTH: Approval of a Sole Source Agreement with Family Service Association.

(APPROVED AS RECOMM.)

3.15 TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION: INTRODUCTION OF ORDINANCE 824.12, Extending the Temporary Fee Reduction Period for the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program.

(APPROVED AS RECOMM.)

3.16 HUMAN RESOURCES: Adoption of Resolution 2011-278 Providing Salaries and Related Matters to Exempt Management, Management, Confidential, and Other Unrepresented Employees.

(APPROVED AS RECOMM.)

3.17 SUPERVISOR BENOIT: Fourth District Use of Community Improvement Designation Funds for the 26th Annual Christmas Dinner and Toys for Tots Program; Blythe Girl Scout House; and Approval of Budget Adjustments.

(APPROVED AS RECOMM.)

3.18 SUPERVISOR BENOIT: Fourth District Use of Community Improvement Designation Funds for Twin Pines Ranch; and Approval of Budget Adjustments.

(APPROVED AS RECOMM.)

3.19 SUPERVISOR ASHLEY: Fifth District Use of Community Improvement Designation Funds for the American Legion Auxiliary Union Perris Post and Unit #595; Quail Valley Community Group; Palm Springs Festival of Lights; 18th Annual Holiday Cheer Program; and Approval of Budget Adjustments.

(APPROVED AS RECOMM.)

3.20 SUPERVISOR TAVAGLIONE AND SUPERVISOR ASHLEY: Second and Fifth District Use of Community Improvement Designation Funds for the Family Service Association; and Approval of Budget Adjustments.

(APPROVED AS RECOMM.)

3.21 SUPERVISOR TAVAGLIONE: Second District Use of Community Improvement Designation Funds to the Rubidoux High School Music Booster; Jurupa Valley High School Theater Company; Christmas Trees of Hope; Jurupa Valley High School Choir; and Approval of Budget Adjustments.

(APPROVED AS RECOMM.)

4.1 REDEVELOPMENT AGENCY: Approval of a Reduction of the Contract Retention for Parkwest Construction Company for the Mecca Boys and Girls Club Project, 4th District.

(APPROVED AS RECOMM.)

4.2 REDEVELOPMENT AGENCY: Acceptance of the Notice of Completion – Highgrove Center Street Trunk Sewer; and Authorize the Release of Retention, 5th District.

(APPROVED AS RECOMM.)

5.1 EXECUTIVE OFFICE: Receive and File the Annual Report on Investment Portfolio (Riverside Court Financing Corporation).

(APPROVED AS RECOMM.)

5.2 EXECUTIVE OFFICE: Receive and File the Annual Report on Investment Portfolio (Riverside District Court Financing Corporation).

(APPROVED AS RECOMM.)

9.1 COUNTY COUNSEL/CODE ENFORCEMENT: Public Hearing on Statement of Abatement Costs Case Nos. CV 07-0719 & CV 07-3185 located at 11011 Venus Court, Mira Loma; APN: 160-172-011, 2nd District.

(APPROVED AS RECOMM.)

9.2 COUNTY COUNSEL/CODE ENFORCEMENT: Public Hearing on Statement of Abatement Costs Case No. CV 08-08388 located at 13702 Robinbrook Court, Corona; APN: 152-132-024, 2nd District.

(APPROVED AS RECOMM.)

9.3 COUNTY COUNSEL/CODE ENFORCEMENT: Public Hearing on Statement of Abatement Costs Case No. CV 06-0605 located at 41745 Anza Road, Temecula; APN: 951-160-010, 3rd District.

(APPROVED AS REDUCED)

9.4 COUNTY COUNSEL/CODE ENFORCEMENT: Public Hearing on Statement of Abatement Costs Case Nos. CV 02-1273 & CV 06-5796 located at 28600 Rostrata Lane, Lake Elsinore; APN: 347-201-023, 5th District.

(APPROVED AS RECOMM.)

9.5 COUNTY COUNSEL/CODE ENFORCEMENT: Public Hearing on Statement of Abatement Costs Case No. CV 07-5517 located at 18623 Lawton Blvd., Perris; APN: 343-020-026, 5th District.

(APPROVED AS REDUCED)

9.6 Vince Sawyer spoke regarding security clearance background investigations rights violations.

9.7 Brian Moore spoke regarding the human trafficking program.

9.8 Rebecca Ludwig spoke regarding a library issue on agenda.

9.9 Robert Mabee read his statement into the record.

9.10 Shirley Ferrante spoke regarding a letter she submitted to the Press Enterprise and spoke regarding lobbyists and the future of seniors.

9.11 Garry Grant spoke regarding money related to item 2.12 of the agenda and RDA supreme court issue.

9.12 Julie Waltz spoke regarding repeal of Ordinance 884.

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 French Valley Business Center, LLC v. County of Riverside (Orange County Superior Court Case No. 30-2010-345518)

(REPORT OUT)

A.2 Paulus Engineering, Inc. v. Ridge Development, LLC; Ridge Properties, LLC; County of Riverside; and Related Cross-Actions (Riverside Superior Court Case No.RIC 442443)

A.3 ASR Constructors, Inc. v. Riverside County Regional Park and Open-Space District

(Riverside Superior Court Case No. RIC 10015204)

Conference with legal counsel-anticipated litigation:

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

B.1 Two potential cases (REPORT OUT)

Conference with legal counsel-anticipated litigation:

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

C.1 One potential case

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

D.1 Conference with labor negotiator:

Agency Negotiator – Barbara Olivier

Employee organizations – Management/Confidential, Unrepresented, DDAA, RSA, SEIU, LIUNA, UDW and LEMU

11.1 FLOOD CONTROL DISTRICT: Authorize the Purchase from YIS Incorporated for a Multi-parameter Water Quality Measuring and Testing Equipment.

(APPROVED AS RECOMM.)

11.2 FLOOD CONTROL DISTRICT: Adoption of Resolution F2011-26, Adoption of a Mitigated Negative Declaration; and Approval of the Project Final Design for the Day Creek Master Drainage Plan Line J, Stage 2, District.

(APPROVED AS RECOMM.)

11.3 SUPERVISOR STONE: Reappointment of B.R. Hicks to the Flood Control Commission.

(APPROVED AS RECOMM.)

11.4 SUPERVISOR STONE: Reappointment of Steven Beswick to the Flood Control Commission.

(APPROVED AS RECOMM.)

15.1 TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING: GENERAL PLAN AMENDMENT NO. 1109, (Entitlement/Policy Amendment), Craig Realty Group/Todd Schmieder – Pass & Desert Zoning District – The Pass Area Plan – 5th District. The Planning Director recommends that the appropriate findings per the General Plan Administration Element can be made and that the Board of Supervisors adopt an order initiating proceedings for General Plan Amendment No. 1109 from Community Development: Medium Density Residential CD:MDR, (2-5 dwelling units per acre), Land Use Designation to Community Development: Commercial Retail CD:CR, (.20-.35 floor area ratio), Land Use Designation on five properties in accordance with Recommended General Plan Exhibit 7, excepting non-contiguous APN 519-142-012.

(APPROVED AS RECOMM.W/INCLUSION OF PARCEL)

16.1 SUPERVISOR TAVAGLIONE: Public Hearing on the ADOPTION OF ORDINANCE NO. 915 Regulating Outdoor Lighting.

(CONT'D. TO 11/22/11 @ 1:30 P.M.)

16.2 TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING: Public Hearing on CHANGE OF ZONE NO. 7749 / TENTATIVE TRACT MAP NO. 36280 – Edgar Forcier – Ross Land Development - 3rd District. Adoption of Mitigated Negative Declaration for Environmental Assessment No. 42255; Tentative Approval of Change of Zone No. 7749 to change the zone from R-A-20 to R-A-20 and R-A-10; and Approval of Tentative Tract Map No. 36280, Schedule D, to subdivide 30.77 gross acres into two residential lots, 10.7 gross acres and 20.0 gross acres, respectively.

(APPROVED AS RECOMM.)

The Chairman declared the meeting adjourned in memory of James 'Jim' Ragan to November 22, 2011.

Bob Buster, Chairman of the Board of Supervisors

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