STATEMENT OF PROCEEDINGS OF THE BOARD OF SUPERVISORS

RIVERSIDE COUNTY, CALIFORNIA

ALL MEMBERS PRESENT

DECEMBER 11, 2012

TUESDAY 9:30 A.M.

Presentation of Proclamation honoring Ed Walsh and Hillary Clarke for their service to seniors and a presentation of plaque to Ed Walsh from the California Department of Aging

Proclamation – Honoring Mayor Ron Loveridge

Presentation – Honoring Board of Supervisors and Supervisor Bob Buster on behalf of Martin Luther King High School Band

Presentation – Recycling All Stars Award Recognition

Invocation by Karen Barton, Board Assistant, Clerk of the Board

OPENING COMMENTS:

BOARD MEMBERS

Supervisor Benoit requested the Board adjourn in memory of Sargent “C.H.” Chuck Hayes.

Supervisor Stone mentioned the new Temecula Hospital opening and thanked staff for their efforts in speeding the process.

Supervisor Ashley commended CHP and the Riverside County Sheriff’s Department for saving citizens lives.

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. 36288 – Sierra Linda Development – Winchester Hills – 3rd District, 10 gross acres, PA19 Zoning, Schedule A. The TTR is a Schedule A subdivision of 10 gross acres into 72 single family residential lots with a minimum lot size of 3,600 square feet and two water quality basin lots, approved by the Planning Commission.

a. TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:

(RECEIVED AND FILED)

1.3 TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING: VARIANCE NO. 1878 – CEQA EXEMPT – Gayle Brewer - 1st District, 1.28 Acres – R-A-1 Zoning. Variance 1878 reduces the front yard setback for the detached guest quarters/storage building to 31 feet and the detached barn/shed roof structure to 10 feet, because the existing detached accessory structures do not comply with section 18.28.b.(4) of Ordinance No. 348, which states: “in the case of an interior lot, no detached accessory building shall be erected so as to encroach upon the front half of the lot, provided, however, such accessory building need not be more than 75 feet from the street line.” The concurrent PP 24969 is a proposal to permit an existing but unpermitted 400 square foot detached garage building, a 556 square foot detached barn building with 300 square feet attached shed roof structure, and a 1,097 square foot building containing a 599 square foot guest quarters and a 498 square foot storage room, with two patio covers totaling 468 square feet, approved by the Planning Director.

(RECEIVED AND FILED)

2.1 SUPERVISOR STONE: Reappointment of Dolly Chambers to the San Jacinto Valley Cemetery District.

(APPROVED AS RECOMM.)

2.2 SUPERVISOR STONE: Reappointment of Ben Cheeseman to the San Jacinto Valley Cemetery District.

(APPROVED AS RECOMM.)

2.3 SUPERVISOR BENOIT: Reappointment of Richard Divine to the Mental Health Board.

(APPROVED AS RECOMM.)

2.4 AUDITOR-CONTROLLER: Receive and File the Internal Audit Report 2011-312: Riverside County Regional Medical Center Operating Room, Follow-up Audit.

(APPROVED AS RECOMM.)

2.5 COUNTY COUNSEL: Approval of the Amended Conflict of Interest Code of the Beaumont Unified School District, 5th District.

(APPROVED AS RECOMM.)

2.6 COUNTY COUNSEL: Approval of the Amended Conflict of Interest Code of the Rancho California Water District, 3rd District.

(APPROVED AS RECOMM.)

2.7 COUNTY COUNSEL: Approval of the Amended Conflict of Interest Code of the Mission Springs Water District, 1st District.

(APPROVED AS RECOMM.)

2.8 COUNTY COUNSEL: ADOPTION OF ORDINANCE 348.4752, an Ordinance of the County of Riverside Amending Ordinance 348 relating to Zoning in the Homeland Area (ZC 7788), 5th/5th District.

(APPROVED AS RECOMM.)

2.9 COUNTY COUNSEL: ADOPTION OF ORDINANCE 348.4753, an Ordinance of the County of Riverside Amending Ordinance 348 relating to Zoning in the Hemet/San Jacinto District (ZC 7307), 3rd/3rd District.

(APPROVED AS RECOMM.)

2.10 COUNTY COUNSEL/CODE ENFORCEMENT: Vacate Order relating to Statement of Abatement Costs Case No. CV 10-01805 located at 12617 Burbank Road, Corona; APN: 152-421-032, 2nd/2nd District.

(APPROVED AS RECOMM.)

2.11 PUBLIC HEALTH: Receive and File the EMS System Evaluation Update.

(APPROVED AS RECOMM.)

2.12 TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION: Approval of the Improvement Agreements and Securities for Tract 30696 in the French Valley area, Schedule A; and Approval of the Final Map, 3rd District.

(APPROVED AS RECOMM.)

2.13 SUPERVISOR TAVAGLIONE: Appointment of member, Supervisor-Elect Kevin Jeffries to represent the Board of Supervisors on the City of Riverside Successor Agency Oversight Board. (APPROVED AS RECOMM.)

2.14 SUPERVISOR BUSTER: Reappointment of Arlee Montalvo to the County/City Arroyo-Watershed Committee.

(APPROVED AS RECOMM.)

2.15 SUPERVISOR BUSTER: Appointment of Jane Block to the County/City Arroyo-Watershed Committee.

(APPROVED AS RECOMM.)

3.1 SUPERVISOR STONE: Third District Use of Community Improvement Designation Funds for the Temecula – Murrieta Rescue Mission; and Approval of the Budget Adjustments.

(APPROVED AS RECOMM.)

3.2 SUPERVISOR STONE: Facilitate Accredited Impartial Required Studies Competently Ordered (by) Riverside County Entities (FAIRSCORE) a proposed policy requiring all processing of Environment Impact Reports to be fully administered and contracted by Riverside County.

(CONT’D. TO 01/15/2013 @ 9:00 A.M.)

3.3 SUPERVISOR STONE: Implementation of Recycling All Stars Award Recognition Program.

(APPROVED AS RECOMM.)

3.4 SUPERVISOR BENOIT: Fourth District Use of Community Improvement Designation Funds for the College of the Desert Public Safety Academy; and Approval of the Budget Adjustments.

(APPROVED AS RECOMM.)

3.5 ECONOMIC DEVELOPMENT AGENCY: Approval of the Second Amendment and Restated Joint Powers Agreement Creating a Regional Airport Authority to be known as Jacqueline Cochran Regional Airport Authority; Appointment of Supervisor John Benoit as board member to the Jacqueline Cochran Regional Airport Authority Board and Appointment of Supervisor Jeff Stone, as an alternate; and Authorization of payment to the Jacqueline Cochran Regional Airport Authority for the annual membership dues, 4th/4th District.

(APPROVED AS RECOMM.)

3.6 ECONOMIC DEVELOPMENT AGENCY/FACILITIES MANAGEMENT: Ratify the Third Amendment to the Lease for the Sheriff, Mountain Center, 3rd/3rd District.

(APPROVED AS RECOMM.)

3.7 ECONOMIC DEVELOPMENT AGENCY/FACILITIES MANAGEMENT: Approval of the Lease for the Department of Public Social Services, 5th/5th District.

(APPROVED AS RECOMM.)

3.8 ECONOMIC DEVELOPMENT AGENCY/FACILITIES MANAGEMENT: Approval of the Subordination, Non-Disturbance and Attornment Agreement with CJP, Ltd., a California Limited Partnership (Lessor) for Riverside County Department of Mental Health, 2nd/2nd District.

(APPROVED AS RECOMM.)

3.9 ECONOMIC DEVELOPMENT AGENCY/FACILITIES MANAGEMENT: Approval of the Subordination, Non-Disturbance and Attornment Agreement with CJP, Ltd., a California Limited Partnership (Lessor) for Riverside County Department of Mental Health, 2nd/2nd District.

(APPROVED AS RECOMM.)

3.10 ECONOMIC DEVELOPMENT AGENCY/FACILITIES MANAGEMENT: Ratify the Second Amendment to the Cleaning Services Agreement between the Riverside County Superintendent of Schools and the County of Riverside, 4th/4th District. (APPROVED AS RECOMM.)

3.11 ECONOMIC DEVELOPMENT AGENCY/FACILITIES MANAGEMENT AND TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION DEPARTMENT: Adoption of Resolution 2012-167, Notice of Intention to Convey a Conservation Easement in Real Property from the County of Riverside to the Western Riverside County Regional Conservation Authority, 3rd/3rd District.

(SET FOR)

3.12 ECONOMIC DEVELOPMENT AGENCY/FACILITIES MANAGEMENT AND TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION DEPARTMENT: Approval of the Right of Way Acquisition Agreement and Temporary Construction Easement Agreement for the Magnolia Avenue Grade Separation Project; Authorize and Allocate Funds 2nd/2nd District.

(APPROVED AS RECOMM.)

3.13 FIRE: Approval of the Sole Source Agreement with Spartan Motors for parts of vehicle chassis’ manufactured by Spartan Motors.

(APPROVED AS RECOMM.)

3.14 Mental Health: Approval of the Department of Mental Health Plan to continue the Secure Continuous Remote Alcohol Monitor (SCRAM) Anklet Devices program.

(APPROVED AS RECOMM.)

3.15 MENTAL HEALTH: Approval of the Memorandum of Understanding between the Inland Empire Health Plan and the Department of Mental Health for the Health Kids Program.

(APPROVED AS RECOMM.)

3.16 MENTAL HEALTH: In-Principle Approval for Lease or Purchase of New Space for the Riverside County Department of Mental Health for a New Lake Elsinore Mental Health Adult Clinic, 1st District. (APPROVED AS RECOMM.)

3.17 MENTAL HEALTH: In-Principle Approval for Lease or Purchase of New Space for the Riverside County Department of Mental Health for a New Palm Springs/Cathedral City Mental Health Clinic, 4th District.

(APPROVED AS RECOMM.)

3.18 MENTAL HEALTH: In-Principle Approval for Lease or Purchase of New Space for the Riverside County Department of Mental Health for a New Temecula Valley Mental Health Adult Clinic, 3rd District.

(APPROVED AS RECOMM.)

3.19 MENTAL HEALTH: In-Principle Approval for Lease or Purchase of New Space for the Riverside County Department of Mental Health for a New Indio Children’s Mental Health Clinic, 4th District. (APPROVED AS RECOMM.)

3.20 MENTAL HEALTH: In-Principle Approval for Lease or Purchase of New Space for the Riverside County Department of Mental Health for the Riverside Older Adult Mental Health Clinic, 1st/2nd Districts.

(APPROVED AS RECOMM.)

3.21 OFFICE ON AGING: Approval of the Fiscal Year 2012-2013 Title V, Senior Community Service Employment Program Contract Amendment 1 and Revised Title V Budget with California Department of Aging (CDA); and Approval of Budget Adjustments.

(APPROVED AS RECOMM.)

3.22 PLANNING DEPARTMENT: Approval of the Agreement with McCoy Solar, LLC regarding CEQA Streaming of the McCoy Solar Energy Project under the Jobs and Economic Improvement through Environmental Leadership Act 2011, 4th/4th District.

(APPROVED AS RECOMM.)

3.23 PLANNING DEPARTMENT: Adoption of an Order Initiating an Amendment to Ordinance 348 regarding Cottage Food Operations.

(APPROVED AS RECOMM.)

3.24 PUBLIC HEALTH: Ratify the Award Letter TBCB23CTCA from the California Department of Public Health Tuberculosis Control Branch (CDPH TBCB) for Tuberculosis (TB) Prevention and Control Activities and Approve the Tenth Amendment to the Agreement with the American Lung Association in California (ALAC).

(APPROVED AS RECOMM.)

3.25 PUBLIC HEALTH: Ratify Amendment No. 2 to Agreement 09-197 with the County of San Bernardino Department of Public Health for the Regional Nutrition Network Program; and Approval of Budget Adjustments.

(APPROVED AS RECOMM.)

3.26 PUBLIC HEALTH: Approval of the Amendments between San Bernardino County, Department of Health and the Department of Public Health for HIV Medical Care, Medical Case Management, Mental Health, Pharmacy Services and Oral Health Services (Contract 11-103, A-3) and Early Intervention Services, MAI (Contract 11-108, A-3).

(APPROVED AS RECOMM.)

3.27 TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION DEPARTMENT: Approval of the Settlement Agreements for Tracts 30575-1, 31220, 31386, and 31580, which allows Arch Insurance Company to complete the necessary bonded subdivision improvements in place of the defaulted developer, 2nd/2nd District.

a. TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION DEPARTMENT:

b. TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION DEPARTMENT:

c. TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION DEPARTMENT:

(APPROVED AS RECOMM.)

3.28 COUNTY COUNSEL: Ratification of the Legal Services Agreement with Ross & Casso, to serve as Legal Counsel to the Oversight Board.

(APPROVED AS RECOMM.)

3.29 SUPERVISOR BUSTER: First District Use of Community Improvement Designation Funds for the Community Connect, Riverside Medical Association, Dollars for Scholars; and Approval of the Budget Adjustments.

(APPROVED AS RECOMM.)

3.30 SUPERVISOR ASHLEY: Transfer of two Surplus Patrol Units to the City of Calimesa for the Calimesa Citizens On Patrol (COP), 5th District.

(APPROVED AS RECOMM.)

10.1 HOUSING AUTHORITY: Accept and Award the demolition contract to the lowest responsive and responsible bidder, National Demolition Contractors for the demolition and disposal services at Duroville Mobile Home Park, 4th/4th District

(APPROVED AS RECOMM.)

11.1 FLOOD CONTROL DISTRICT: Adoption of Resolution No. F2012-29, Authorization to Convey an Easement Interest in Real Property to the County of Riverside, located in the City of Corona for the Arlington Channel, Parcel 0784-010A (RCFC parcel 1020-2B within a portion of APN 172-390-041), 2nd District.

(APPROVED AS RECOMM.)

11.2 FLOOD CONTROL DISTRICT: Adoption of Resolution Authorizing the Sale of Surplus Real Property – APNs 118-183-006, -022, -023, -024 and -047 for Oak Street Channel, 2nd District. (CONT’D. TO 01/08/2013 @ 11:00 A.M.)

13.1 SUPERVISOR BUSTER: Appointment of Amie Kinne to the Riverside County Regional Park and Open Space District.

(APPROVED AS RECOMM.)

14.1 Rebecca Ludwig spoke regarding Rubidoux daycare issues and incident with EDA.

14.2 Britt Holmstrom mentioned issues with record request and Supervisor’s staff.

14.3 Robert Mabee read his statement into the record.

14.4 Garry Grant spoke on an article regarding the County of Riverside.

15.1 TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING: GENERAL PLAN

AMENDMENT NO. 920 (FOUNDATION-REGULAR) – D & J 60 LLC/VSL Engineering – Rancho California Zoning Area – Southwest Area Plan – 3rd District. The Planning Director recommends that the Board tentatively decline to adopt an order initiating proceedings for the above-referenced general plan amendment to amend the General Plan Foundation Component of the subject site from Rural to Community Development and to amend the General Plan Land Use Designation of the subject site from Rural Residential (5 acre minimum lot size) and Rural Mountainous (10 acre minimum lot size) to Medium Density Residential (2 – 5 dwelling units per acre).

(CONT’D. OFF CALENDAR)

16.1 TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING: SPECIFIC PLAN AMENDMENT NO. 380 / GENERAL PLAN AMENDMENT NO. 951 / CHANGE OF ZONE NO. 7723 – Hanna Marital Trust – Jack Diamond – French Valley – Southwest Area Plan – 3rd District. Recommendation to Certify the Environmental Impact Report No. 525; Approval of Specific Plan No. 380 which proposes eight (8) land use Planning Areas, ranging from 8.8 acres to 61.1 acres, and also proposes up to 400,000 square feet of commercial retail uses and up to 200,000 square feet of commercial office uses on 13.9 acres, medium density residential uses (up to 73 dwelling units with a minimum lot size of 5,000 sq. ft.) low density residential uses (up to 22 dwelling units with ½ acre minimum lot sizes) on 36.4 acres, 21.6 acres for mixed use (up to an additional 225 housing units within a Continuing Care Retirement Community), 61.1 acres for open space conservation, and 20.2 acres for master plan roadways; Approval of General Plan Amendment No. 951 to change the site’s foundation component from Rural to Community Development, and amend the land use designation from Rural Residential (R:RR) to Community Development Specific Plan (CD:SP) with Community Development: Low Density Residential (CD:LDR), Community Development: Medium Density Residential (CD:MDR), Commercial Retail (CD:CR), Commercial Office (CD:CO), Mixed Use (CD:MU), Open Space Conservation (OS-C) and Very Low Density Residential (CD:VLDR) as reflected in the Specific Plan Land Use Plan; and, Approval of Change of Zone No. 7723 to change the zoning from Rural Residential (R-R) to Specific Plan (SP) zone and establish legal boundaries for each of the 8 Planning Areas.

(CONT’D. TO 12/18/2012 @ 11:00 A.M.)

CONCURRENT EXECUTIVE SESSION-COUNTY OF RIVERSIDE, SUCCESSOR AGENCY TO THE 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 Independent Power Producers Association dba Independent Energy Producers Association; Large-Scale Solar Association v. County of Riverside; Riverside County Board of Supervisors

(Case No. INC 1200838)

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)

(REPORT OUT)

A.3 City of Temecula v. County of Riverside, Board of Supervisors of the County of Riverside; Granite Construction Company, Inc. (Case No. RIC 1211312)

A.4 City of Temecula v. County of Riverside, Board of Supervisors of the County of Riverside

(Case No. RIC 1215119)

A.5 De Luz 2000 dba Save Our Southwest Hills and Elsinore Murrieta Anza Resource Conservation District v. County of Riverside; Granite Construction Company (Case No. RIC 1211812)

A.6 De Luz 2000 dba Save Our Southwest Hills v. County of Riverside (Case No. RIC 1215882)

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

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:

D.1 Public Employee Performance Evaluation

Title: County Counsel

The Chairman declared the meeting adjourned in memory of Sargent “C.H.” Chuck Hayes.

John Tavaglione, Chairman of the Board of Supervisors

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