CITY OF WILDOMAR CITY COUNCIL  AGENDA 7:00 P.M.  April 22, 2009 Council Chambers 23873 Clinton Keith Road  Scott Farnam, Mayor Bridgette Moore, Mayor Pro Tem SherylA Ade, Council Member Bob Cashman, Council Member Marsha Swanson, Council Member  City Manager John Danielson  City Attorney Julie Hayward Biggs    City ofWildomar 2 Council Agenda April 22,2009  WILDOMAR CITY COUNCIL REGULAR MEETING AGENDA APRIL 22, 2009  ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council begin at 7:00 P.M. Closed Sessions begin at 6:00 P.M. or such other time as noted. REPORTS: All agenda items and reports are available for review at Wildomar City Hall, 23873 Clinton Keith Road and at the Mission Trail Library, 34303 Mission Trail Blvd., Wildomar, CA. Any writings or documents provided to a majority oft the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for publici inspection at City Hall during regular business hours. Ifyou wish tol be added to the regular mail list to receivea copy oft the agenda, a request must be made through the City Clerk's office in writing PUBLIC COMMENTS: Prior to the business portion of the agenda, the City Council will receive public comments regarding any agenda items or matters within the jurisdiction oft the governing body. This is the only opportunity forj publicinput except for scheduled publichearingi items. The Mayor or chairperson will separately call for testimony at the time of each public! hearing. Ifyou wish to speak, please complete a "Public Speaker/Comment Card" available att the door. The completed form is tol be submitted to the Mayor priortoant individual being heard. Lengthy testimony should be presented to the Council in writing (8 copies) and only pertinent points presented orally. The time limit established for public ADDITIONS/DELETIONS Items ofl business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention oft the City subsequent to the agenda being posted. Items may be deleted from the agenda CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless members, staff or the public request the item be discussed and/or  or by e-mail.  comments is three minutes per speaker.  upon request ofs staff or upon action ofthe Council.  removed from the Consent Calendar for separate action.    City ofWildomar 3 Council Agenda April 22, 2009  7:00 P.M. Roll Call: Flag Salute: Presentations:  Wildomar Young Marines Code Enforcement Monthly Update  Certificate of Appreciation, Wildomar Young Marines  Trail and bike lanes, Gary Andre  Oral Communications: This is the time for any citizen to comment on any item listed or not listed on the agenda. Comments relative to noticed public hearing items will be heard at that time the public hearing is conducted. Under the provisions of the Brown Act, thel legislative body is prohibited from discussing or taking action on items not listed on the agenda. The City Council encourages members oft the public to address them at this time SO that your questions and/or  concerns can be heard. PUBLIC COMMENTS:  1. CONSENT CALENDAR:  All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion oft these items unless members oft the Council, the public or staff request specific items be removed  from the Consent Calendar for separate action. 1A. Approve the reading by title only of all ordinances. 1B. Approve regular meeting minutes dated April 8, 2009.    City ofWildomar 4 Council Agenda April 22,2009  1C. Approve Warrant Registers dated April 8, 2009 in the amount of  $253,7473.31, April 16, 2009 ini the amount of $10,991.24, April 22, 2009 in the amount of $29,109.18 and Payroll Register dated April 22, 2009 ini the  amount of $1,280.28. month of March, 2009.  1D. Review and approve the Treasurer's Report for Cash and Investments for the  1E. Review and consider authorizing the City Manager to enter: into a contract with Quality Code to codify the Riverside County Code and all Wildomar ordinances into the Wildomar Municipal Code and provide annual updates. 1F. Review and consider adoption ofa a Resolution that provides for the detachment of County Service. Area 103, which provides for street lighting services within the unincorporated areas of Riverside County. RESOLUTION NO. 09-18 RESOLUTION OF APPLICATION BYTHE CITY COUNCIL FORTHE CITY OF WILDOMAR REQUESTING THE LOCAL. AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FORTHE DETACHMENT OF LAFCO 2007-39-1. ANNEXATION 111 FROM COUNTY SERVICE. AREA1 103 1G. Review and consider adoption of a Resolution supporting the reauthorization  oft the Federal Safe Routes to School (SRTS) Legislation.  RESOLUTION NO. 09-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR SUPPORTINGTHE REAUTHORIZATION OF' THE FEDERALSAFE ROUTESTO SCHOOL (SRTS) LEGISLATION 1H. Review and consideration adoption ofa Resolution supporting the Santa Ana River Watershed Integrated Regional Water Management RESOLUTION NO. 09-20 Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIASUPPORTING THE "ONE WATER ONE WATERSHEDSANTA ANA RIVER WATERSHED INTEGRATED REGIONAL WATER MANAGEMENT PLAN AND ITS SUBMITTAL' TO' THE DEPARTMENT OF WATER RESOURCES FOR PROPOSITION 84, CHAPTER 2 PROGRAM FUNDING  Plan.  11. Review and consider second reading and adoption of an Ordinance amending the Transportation Uniform Mitigation Fee (TUMF) (public  hearing held March 25, 2009)    City ofWildomar 5 Council Agenda April 22,2009  ORDINANCE NO. 24 (second reading and adoption) AN ORDINANCE OF' THE CITY OF WILDOMAR AMENDING CITY ORDINANCE NO.824 AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY' TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM 1J. Review and consider: authorizing the City Manager to enteri into a contract with Lance, Soll, and Lunghard, LLP to provide for audit services and preparation of required reports for fiscal years 2008-09,  2009-10,2010-11.  1K. Authorize the Mayor to execute a letter ofs support to RCTC Government Relations Manager, supporting RCTC's priority corridor projects; Alameda corridor East (railroad grade separations throughout Riverside County),  Interstate 215 and Interstate 10.  2. PUBLICHEARINGS: None.  3. GENERAL BUSINESS ITEMS:  3A. Discussion regarding direction for the hiring for the) positions ofCity Manager and City Clerk and consider adopting thej proposed salary ranges.  3B. Review and considerintroduction and first reading of an ordinance  providingr purchasing procedures for the City.  ORDINANCE NO. 25 (Introduction and 1st reading) AN ORDINANCEOFTHE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING CHAPTERS 3.06, 3.07 AND 3.08" TO' THE WILDOMAR MUNICIPALCODE PERTAINING TO BIDS, PURCHASES AND CONTRACTS.  3C. Review and consider adoption of an urgency ordinance regulating holders of  state-issued video franchises.  ORDINANCE NO. 26 (Introduction and adoption) URGENCY ORDINANCE OFTHE CITY COUNCIL OF' THE CITY OF WILDOMAR ADOPTING WILDOMAR MUNICIPAL CODE SECTIONS REGARDING CABLE FRANCHISE AND VIDEO    City ofWildomar 6 Council Agenda April 22,2009  SERVICE. AND CONTINUING FRANCHISE FEES. regulating holders of state-issued video franchises.  3D. Review and consideri introduction and first reading ofa an ordinance  ORDINANCE NO. 27(Introduction and 1st reading) AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF WILDOMAR ADOPTING WILDOMAR MUNICIPAL CODE: SECTIONS REGARDING CABLE FRANCHISE AND VIDEO  SERVICE. AND CONTINUING FRANCHISE FEES.  3E. Review and consider adoption of various Resolutions and the introduction and first reading of an ordinance that relates to the implementation oft the California Standardized Emergency Management System (SEMS) and by extension, the National Incident Management System (NIMS), which is currently integrated into SEMS in California. This will provide for greater efficiency, planning and response to a major catastrophe and to qualify for the recovery of response costs during declared emergencies. RESOLUTION NO. 09-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE. AGREEMENT FOR: PARTICIPATION IN' THE OPERATIONAL ORDINANCE NO. 28 (Introduction and 1str reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OFCALIFORNIA, AMENDING AND RESTATING WILDOMAR MUNICIPAL CODE CHAPTER 2.100 PROVIDING FORTHE. ADMINISTRATION OF DISASTER OPERATION AND RELIEF IN THE CITY OF WILDOMAR RESOLUTION NO. 09-22 Al RESOLUTION OFTHE CITY COUNCIL FOR' THE CITY OF WILDOMAR RELATIVETO WORKERS' COMPENSATION BENEFITS FOR REGISTERED VOLUNTEER DISASTER SERVICE WORKERS" RESOLUTION NO., 09-23 A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SUPPORTING THE INTEGRATION AND IMPLEMENTATION OF THE NATIONALINCIDENT MANAGEMENT SYSTEM (NIMS) FOR EFFECTIVELY RESOLUTION NO. 09-24 A RESOLUTION BY' THE CITY COUNCIL FOR THE CITY OF WILDOMAR, AGREEINGTO ABIDE BY THE CALIFORNIA AND CIVIL  AREA ORGANIATION OF THE COUNTY OF RIVERSIDE  HANDLING EMERGENCY SITUATIONS  DEFENSE MASTER MUTUAL AID AGREEMENT  3F. Review and considerintroduction and first reading of an ordinance relating    City of Wildomar 7 Council. Agenda April 22, 2009  to registered sex offender residency restrictions.  ORDINANCE NO. 29 (Introduction and 1str reading) AN ORDINANCE OF THE CITY COUNCIL OF' THE CITY OF WILDOMAR, CALIFORNIA, ADDING SECTION 11.04.040 OF' THE WILDOMAR MUNICIPAL CODE, RELATINGTO REGISTERED SEX OFFENDER RESIDENCY RESTRICTIONS  3G. Review and consider the Finance Director's mid-year budget review, consider approving recommended budgetary changes to address known budget deficiencies and consider approving recommended budget changes to align the budget with projected fiscal year end actual revenues and expenditures and identify changes which materially impact fund balances.  CITY MANAGER REPORT, John Danielson  CITY ATTORNEY REPORT, Julie Hayward Biggs:  COUNCIL COMMUNICATIONS: FUTURE. AGENDA ITEMS: ADJOURNMENT:  Motion to adjourn to April 24, 2009, 9:00 A.M. norming session workshop to  discuss:  (1) Review and discussion oft the General Plan  (2) Presentation by the City Attorney's Office regarding Website  access  (3)Iftime permits, the following:  Parks Committee, role and responsibilities Discussion regarding an Ethics Code RDA and the City's role Discussion regarding Economic Development    City ofWildomar 8 Council Agenda April 22, 2009  The next regular meeting is scheduled for May 13, 2009  Ifr requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 ofthe Americans With Disabilities Act of1990 (42 U.S.C. Sec. 12132), and the federal rules Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the City Clerk either inj person or by telephone at (951)677-7751, no later than 10:00 A.M.  and regulations adopted in implementation thereof.  on the day preceding the schedule meeting.  POSTING STATEMENT: On April 17, 2009, a true and correct copy of this agenda was posted at the three designated posting places; Wildomar City Hall, 23873 Clinton Keith Road, U.S. Post Office, 21392 Palomar Street, and Mission Trail  Library, 34303 Mission Trail Blvd.    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 1 B.  CONSENT CALENDAR ITEM Meeting Date: April 22, 2009  CITY OF WILDOMAR CITY COUNCIL MEETING MINUTES APRIL 8, 2009  The regular meeting of April 8, 2009 oft the Wildomar City Council was called to order by Roll Call showed the following Council Members in attendance: Mayor Scott Farnam, Council Members Sheryl Ade, Bob Cashman and Marsha Swanson. Mayor Pro Tem Moore Staffi in attendance: Assistant City Manager Terry Fitzwater, City Attorney Julie Hayward Biggs, Supervising Engineer Jon Crawford, Assistant Planning Director Dave Hogan, Finance Director Gary Nordquist, Fire Chief Steve Beach and City Clerk Sheryll Schroeder.  Mayor Scott Farnam at 7:00 P.M.  was absent.  FLAGSALUTE: PRESENTATIONS:  Flag salute was led by Council Member Swanson. Fire Chief Beach gave thel Fire Department update for the month ofl March. He reminded everyone ofthe annual weed abatement inspections taking place in the next three months.  COMMUNICATIONS FROM THE PUBLIC:  Karleen Davis explained her business, Green Genie Lawn Dye service.  Council Member Cashman asked if this was a fire retardant substançe, to which Ms. Davis Roger Zimer, speaking on Item 1 E., said he was available to answer any questions and reviewed thel history and usage of the Rancho Springs Medical Center.  answered no, it was strictly cosmetic.  1. CONSENTCALENDAR:    City ofWildomar Council Minutes April 8,2 2009 Page 2  Council Member Ade requested items 1D.,1 E.a and 11 F. be pulled for separate discussion  and action.  Council Member Swanson moved to approve the Consent Calendar with Items 1D., 1E. and 1F.p pulled, seconded by Council Member. Ade. Roll Call vote: Ayes: 4. Nays: 0. Absent:  Mayor Pro Tem Moore. Motion carried.  1A. Approved the reading by title only of all ordinances.  1B. Approved special meeting minutes dated March 25, 2009, regular meeting minutes dated March 25, 2009 and the adjourned regular City Council meeting minutes of  March 18, 2009.  1C. Approved Warrant Register dated April 8, 2009 in the amount of $294,770.93. 1G. Reviewed and adopted a Resolution ordering annexation of Street Lighting Zone 88 OfLLMD No. 89-1-Consolidated, confirming the diagram and assessment for said zone and levying assessments on all assessable lots for fiscal year 2009-10. RESOLUTION NO. 09-17 Al RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF WILDOMAR ORDERING THE ANNEXATION OF STREET LIGTHING ZONE 880F LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OFTHE CITY OF WILDOMAR AND CONFIRMING1 THE DIAGRAM AND ASSESSMENT FOR: STREET LIGHTING ZONE 88 OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT: NO. 891-CONSOLIDATED AND LEVYING ASSESSMENTS ON ALL ASSESSABLE LOTS AND PARCELS OF LAND THEREIN FOR' THE FISCAL YEAR 2009- Motion: Directed the County of Riverside Auditor-Controllers Office to establish an interest-bearing sub-fund 20000 to receive deposits and interest thereon from Street Lighting Zone 88 ofLandscaping and Lighting Maintenance District No. 89-1- Consolidated; in accordance with Section 22655-22656 of the Streets and Highways  10  Code.  1D. Authorized the Mayor to execute letters of support for Senator Hollingsworth's introduction for Senate Bill 568 (allow a taxpayer to elect to pay a tax on the sale or disposition of any capital asset that results in a net capital gain in an amount equal to 2% of the total net capital gain); Senate Bill 566 (would make the unauthorized removal, disabling or tampering with a GPS device punishable); Senate Bill 668 (would require registration, preregistration or re-registration of persons convicted of specified sex offenses be signed under penalty of perjury); Senate Bill 669    City of Wildomar Council Minutes April 8, 2009 Page 3  (would provide whether a committed person should be conditionally released or unconditionally discharged if the person fails to engage in treatment would be considered evidence that his or her condition has not changed); and Senate Bill 214 introduced by Senator Benoit (which would provide that a sober living home is exempt from licensure under certain provisions, and provide that a resident] housing those purporting to be recovering from drug and alcohol abuse would be presumed to be a sober living home if it has been certified, registered, or approved by a recognized nonprofit organization that provides a credible quality assurance service  for applicants or members).  Council Member. Ade expressed that ift the items were taken together that it may set a precedent, she felt the Senate Bills should have been separated out and voted on separately. She moved to separate the bills out and vote on separately, seconded by Council Member Cashman. Roll call vote: Ayes: 2; Council Members Ade and Cashman. Nays: 2, Mayor Farnam and Council Member Swanson. Absent: Mayor Pro Tem Moore.  Motion failed.  Council Member Swanson moved to authorize the Mayor to execute letters of support for Senator Holingsworth'sintroduction for Senate Bill! 568, 566, 668 and 669 and Senate Bill  214 introduced by Senator Benoit. Seconded by Mayor Farnam.  Council Member Ade reiterated that she felt the Council was: setting a precedent. Council Member Cashman, speaking on Senate Bill 669, asked the City Attorney to explain City Attorney Biggs noted that the full bill was attached to the staff report and read the bill. Roll call vote: Ayes: 2; Mayor Farnam and Council Member Swanson. Nays: 2, Council Members Ade and Cashman. Absent: Mayor Pro Tem Moore. Motion failed.  the bill.  Council Member Ade noted again that she just wished to separate them out with separate votes and she SO moved. Seconded by Council Member Swanson. Roll call vote: - Ayes: 4.  Nays: 0. Absent: Mayor Pro Tem Moore. Motion carried.  Senate Bill 568, Council Member Swanson moved to authorize the Mayor to execute a letter ofs support for Senator Hollingsworth'sintroduction for Senate Bill 568, seconded by    City of Wildomar Council Minutes April 8,2009 Page 4  Council Member. Ade. Roll Call vote: Ayes: 4. Nays: 0. Absent: Mayor Pro Tem Moore.  Motion carried.  Senate Bill 566, Council Member Swanson moved to authorize the Mayor to execute a letter of support for Senator Holingorthsimtroduction for Senate Bill 566, seconded by  Council Member Ade.  Council Member Cashman asked what would happen ift the ankle device did not work, or was a faulty device. Council Member Swanson noted the bill said "removal, disabling or tampering with a GPS device". Roll Call vote: Ayes: 3; Mayor Farnam, Council Members Ade and Swanson. Nays: 1, Council Member Cashman. Absent: Mayor Pro Tem Moore.  Motion carried.  Senate Bill 668, Council Member Swanson moved to authorize the Mayor to execute a letter ofsupport for Senatorl Hollingsworth'sintroduction for Senate Bill 668, seconded by Council Member Ade. Roll Call vote: Ayes: 4. Nays: 0. Absent: Mayor Pro Tem Moore.  Motion carried.  Senate Bill 669, Council Member Swanson moved to authorize the Mayor to execute al letter of support for Senator Hollingsworth's: introduction for Senate Bill 669, seconded by Council Member Ade. Roll Call vote: Ayes: 4. Nays: 0. Absent: Mayor Pro Tem Moore.  Motion carried.  Senate Bill 214, Council Member Swanson moved to authorize the Mayor to execute a letter ofs support for Senator Benoit's introduction for Senate Bill 214, seconded by Council Member Ade. Roll Call vote: - Ayes: 4. Nays: 0. Absent: Mayor Pro' Tem Moore. Motion 1E. Review and consider authorizing the Mayor to execute a letter to Governor Schwarzenegger for the approval and licensing of the Murrieta Rancho Springs  carried.  Medical Center.  Council Member Swanson moved to authorize the Mayor to execute a letter to Governor Schwarzenegger for approval and licensing oft the Murrieta Rancho Springs Medical Center, seconded by Council Member. Ade. Roll Call vote: Ayes: 4. Nays: 0. Absent: Mayor Pro  Tem Moore. Motion carried.    City ofWildomar Council Minutes April 8, 2009 Page! 5  1F. Review and consider supporting a joint Safe Route to School project with the Lake Elsinore Unified School District in the submission ofa Safe Route to School grant for  improvements at the David A. Brown Middle School.  Council Member Swanson moved to support a joint Safel Route to School project with the Lake Elsinore Unified School District in the submission ofa a Safe Route to School grant for improvements at the David A. Brown Middle School. Seconded by Council Member Council Member Ade mentioned that there was no information about the off-site improvements, with multi use trails in the area; she was concerned about turning it over to Jon Crawford, Supervising Engineer, explained that staff] had been meeting with the School District regarding the project and he noted that the district had tol have City approval of their plans and staff would make sure they conformed to the joint use requirements in the Council Member Ade asked ift there was anything in writing, rather than sidewalk, the City's general plan called fora multi use trail in the area and she wondered what would happen. Mr. Crawford said the Wildomar School was being treated the same, one: side oft the street was a joint use and the other side would be sidewalk. He noted that they could not do the Council Member Swanson added that the proposed Council action was just approval for the Council Member Ade explained she was not opposed, she felt student safety was important, butshe wanted to make sure that ift the improvement wasi in an area where there wasa multi use trail and a sidewalk is constructed, there would be a disconnectivity ofthe trail  Cashman.  the school district without the district working with staff.  area.  improvements withouti the City'sa approval.  grant money.  system.  Mr. Crawford said he understood and would carry that message forward. itn moved forward and the City did not know the conditions of the grant.  She added that she would like to see what the grant contained SO she could follow along as    City ofWildomar Council Minutes April 8, 2009 Page 6  Mr. Crawford explained that the grant was a means oftrying to provide pedestrian/bicycle use to an existing school, to try toi improve an: area that was under-improved and ini this case, the district would like to support a project but cannot carry the grant forward. So the City will carry the grant for them but they cannot do any improvements within the City without getting permits from the City and do thei improvements based onj plans that the Roll Call vote: Ayes: 4. Nays: 0. Absent: Mayor Pro Tem Moore. Motion carried.  City approves.  2.  PUBLICHEARINGS:  2A. Aj public hearing to consider. an amendment to Ordinance 824 adjusting the  Transportation Uniform Mitigation Fee (TUMF) applicable to all development ini the ORDINANCE NO. 24 (Introduction and first reading) AN ORDINANCE OF THE CITY OF WILDOMAR AMENDING ORDINANCE NO. 824 AUTHORIZING PARTICIPATION IN' THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION  City ofV Wildomar.  FEE PROGRAM  Jon Crawford, Supervising Engineer, provided the staff report.  At 7:31 P.M., Mayor Farnam opened the public hearing and hearing no testimony, he closed  the public hearing.  Council Member Ade questioned the term "periodic review" used in the staff report and she wondered if they did annual reviews and if there was a change when the index went up,  asking when they would review it.  Mayor Farnam explained the nexus continues to go up but they had paused raising fees. Obviously with) little building occurring, this would offer the building community an  incentive, he added. He: said the fees would eventually go up.    City ofWildomar Council Minutes April 8,2009 Page 7  Council Member Swanson moved toi introduce and hold first reading of Ordinance No. 24, seconded by Council Member. Ade. Roll Call vote: Ayes: 4. Nays: 0. Absent: Mayor Pro  Tem Moore. Motion carried.  The City Clerk read the title of ORDINANCE NO.24, AN ORDINANCE OF' THE CITY OF WILDOMAR AMENDING ORDINANCE NO. 824. AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM  3.  GENERAL BUSINESSITEMS: None.  CITY MANAGER REPORT:  Assistant City Manager Fitzwater said there were: still some Strategic Visioning documents  and the City was still taking comments. CITYATTORNEY REPORT:  City Attorney Biggs reported the franchise ordinances would probably be ready for the next agenda and the Jessica's Law ordinance with the predator zone map.  COUNCIL-COMMENIS: Paula Willette for a great job.  Council Member Swanson reported on the success oft the City's Egg Hunt and she thanked Council Member Cashman noted he attended a Regional Conservation Agency meeting where a presentation was given on the number of species they were: monitoring, 260 different species. He said they were: in year four of a five year study where they were trying to study how many were: in each area in the County. When he asked how many were in the City ofWildomar, their staffs said they would get back to him. Council Member Ade said she attended the Southern California Association of Governments meeting last week and they had a compass program which ifthe City wanted to apply fora grant for funds to work on the City's general plan, the City could do SO. With a deadline at the end of May, she said she had asked stafft tol look at it. SCAG can offer programs and services at no charge and she felti it was worth pursuing. She clarified that they would not  tell the City what to do, they would help pay for consultants.    City ofV Wildomar Council Minutes April 8, 2009 Page 8  Mayor Farnam noted he attended a WRCOG meeting on Monday and received the annual TUMF report, which featured a picture ofWildomar on the cover. He informed that he would bet throwing out the first pitch at the Storm's opening game on' Thursday.  FUTURE AGENDAITEMS:  Mayor Farnam announced that when the City incorporated, they hired interim staff and consultants, two positions to migrate to full time staff was the City Manager and City Clerk. He requested to place on the next agenda, direction for the Interim Assistant City Manager toj prepare job descriptions and salary ranges SO advertising could proceed to replace the  two positions.  Assistant City Manager Fitzwater requested, with Council approval, tol begin advertising for the City Manager and City Clerk positions, adding he would say within the body oft the Council Member Cashman explained the City wanted a permanent person, but was it three days a week, five days a week. Hea asked what was appropriate right now. Council Member Swanson said it often took a long time toi recruit and she would support City.Attorney Biggs interjected thati ifCouncil was going to discuss this,itneeded to be added to the agenda as an item that occurred after the posting oft the agenda. She added Council Member Swanson moved to place the item on the agenda as an urgency item, seconded by Council Ade. Roll Call vote: Ayes: 4. Nays: 0. Absent: Mayor Pro Tem Moore. Council Member Cashman said since the City did not have thel budget, did not have the Mr. Fitzwater explained that the ad would say pending Council approval and salary depending on qualifications and the plan was to agendize both positions on the April 22, Council Member Ade said it was al long process and this would help get the process started. Council Member Cashman wondered ifthe ad would draw the selected group and Mr. Fitzwater explained that the City Manger ad would run in Western Cities, places where  advertising "pending Council approval".  starting the advertising with the suggested language.  that it would take a unanimous vote.  Motion carried.  salary requirements, would could the ad say.  2009 agenda, with recommended salary ranges.    City ofWildomar Council Minutes April 8,2009 Page 9  people looking fort that type of position would look. City Clerk ad would run in City Clerk's Mayor Farnam noted that leaving the salary open would give the Council flexibility in Council Member Cashman asked fora a consensus to run the ad more than once.  Association of California, hei informed.  negotiations.  Mr. Fitzwater explained that he had already written thej job descriptions and he would take Council Member Cashman asked ifthe duties of the City Clerk would remain the same or Mr. Fitzwater noted that the Clerk would be doing additional things, a special envoy to City Itv was the consensus of Council to permit the. Assistant City Manager to move forward with placing the ads and return to April 22, 2009 meeting with job descriptions and salary rates. Council Ad requested that the trail presentation be placed on the. April 22, 2009 agenda.  specifics from them to develop the advertisement. would the Clerk be doing additional things.  Council and special assistant to the City Manager, a multi-purpose job.  ADIOURNMENT: at7:55P P.M.  With no further business to come before the Council, Mayor Farnam adjourned the meeting  Respectfully submitted:  Sheryll Schroeder, MMC City Clerk    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 1 C.  CONSENT CALENDAR ITEM Meeting Date: April 22, 2009  TO: FROM:  Mayor and Members of the City Council Gary Nordquist, Director of Finance  SUBJECT: Warrant Registers dated April 8, 16 and 22, 2009 and Payroll Register  dated April 22, 2009.  STAFF REPORT  RECOMMENDATION:  1. 2.  Approve Warrant Register dated April 8, 2009 in the amount of Approve Warrant Register dated April 16, 2009 in the amount of 3. Approve Warrant Register dated April 22, 2009 in the amount of  $253,473.31. $10,991.24. $29,109.18. $1,280.28.  4.  Approve Payroll Warrant Register dated April 22, 2009 in the amount of  BACKGROUND:  The City. of Wildomar City Code Chapter 3.03 requires that the City Council audit payments of demands and direct the City Manager to issue checks. The Warrant and  Payroll Registers are submitted for approval.  DISCUSSION: None.  FISCAL IMPACTS:  These Warrant and Payroll Registers will have a budgetary impact in the amount noted in the recommendation section of this report. These costs are included in the  FY08-09 Budget. ALTERNATIVES: 1. Take no action  2. Provide staff with further direction.  1    Submitted by:  Approved by; AL  Gary Nordquist Director of Finance    City Manager  2    City of Wildomar Check Detail 8-Apr-09 Name  Date 101 10001 Cash- Wells Fargo 04/08/2009 Bill Payment (Check) 04/08/2009 BilF Payment (Check) 04/08/2009 Billl Payment (Check) 04/08/2009 Billl Payment (Check) 04/08/2009 Billl Payment (Check) 04/08/2009 Bill Payment (Check) 04/08/2009 BilF Payment (Check) 04/08/2009 BillF Payment (Check) 04/08/2009 BillF Payment (Check) 04/08/2009 BilF Payment (Check)  Type  Num 1628 Gary Andre 1629 Harv Dykstra 1630 Miguel Casillas 1632 Robert Devine 1633 Scott Farnam 1634 TheF Press- Enterprise  Memo/Description  Amount (221,727,64) (4,309.07) (75.00) (75,00) (75.00) (9,457.40) (75.00) (17,679,20)  1626 Interwe est Consulting Group Monthly Engineering Services 1627 Wells Fargo Business Card Credit CardF Payment for March: 2009- Supplies &1 Travel 1631 Naples Plazal Ltd.- -Oak Creek!l Building. CAM, Insurance &1 Taxp prorates, Mgrt Fee, Rent 1635 Danielson Associates, Inc, City Manager Services- March 2009  Flanning Committee! Meeting- 3/4/2009 Planning Committee! Meeting- 3/4/2009 Planning Committeel Meeting- 3/4/2009 Fanning Committeel Meeting- 3/4/2009 Voided, Check! Name error. Voided, Check Numberinge error.  Total $ (253,473.31)  Wednesday, Apr1 15, 20090 01:1:56PMGMT-7 City of Wildomar Warrant Register April 16,2009 Name  Date 101 10001Cash-WellsF Fargo  Type  Num  Memo/Deseription Planning Commission! Meeting 3/4/09 Notice ofp Publich hearing 4/8/09, 4/15/09 Contract Finance Director Services Employment: adf forr recruitment: ad/City Clerk May: 2009F Premium Member and Employer Contributions for 3/09 Telephone Charges- March 2009  Amount 75.00 302.40 254.24 8,775.00 200.00 624.00 305.41 455.19 Sub-total: 10,991.24 Amount 2,450.00 26,118.17 36.45 292.03 178.55 33.98  04/16/2009 BillF Payment (Check) 1636 Scott Nowak 04/16/2009 Bill Payment (Check) 1637 The Press-Enterprise 04/16/2009 Bill Payment (Check) 1638 Innovative Document: Solutions 04/16/2009 Bill Payment (Check) 1639 Gary Nordquist 04/16/2009 Bill Payment (Check) 1640 Leaguec of CAC Cities 04/16/2009 Bill Payment (Check) 1641 Unum 04/16/2009 BillF Payment (Check) 1643 Verizon  04/16/2009 BillF Payment (Check) 1642 CaliforniaF Public Employee Retirement: Sys  Warrant Register April22,2009 Name  Date  Type  Num  Memo/Deseription  04/22/2009 BillPayment (Check) 1644 Animal Legal & Veterinary Medical Consulting Serv.s Consulting Services Dec' 08-April6,2009  04/22/2009 Bill Payment (Check) 1645 Burke, Williams & Sorensen, LLP 04/22/2009 Bill Payment (Check) 1646 FedEx 04/22/2009 BillF Payment (Check) 1647 Murrietalock &Safel Inc. 04/22/2009 BillF Payment (Check) 1648 Office Depot 04/22/2009 BillF Payment (Check) 1649 OnTrac  Legal Services  FedEX Services forF Planning Dept: andA Admin Re-key & Masterk Keyf for City Hall Special Order Stampsx3 Overnight Delivery Services  Sub-total: 29,109.18 Grand Total: 40,100.42  3    City of Wildomar Payroll Warrant Register April 22, 2009  Check Date Check No. 4/8/2009 4/8/2009 4/8/2009 4/8/2009 4/8/2009  Payee  Description  Amount S 271.75 271.75 209.23 255.80 271.75  5036 5037 5038 5039 5040  Sheryl Ade Robert Cashman Scott Farnam Bridgette Moore Marsha Swanson  March 2009 Stipend March 2009 Stipend March 2009 Stipend March 2009 Stipend March 2009 Stipend  TOTAL $1,280.28  4    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 1D.  CONSENT CALENDAR ITEM Meeting Date: April 22, 2009  TO: FROM:  Mayor and Members of the City Council Gary Nordquist, Director of Finance  SUBJECT: Treasurer's Report, March 2009  STAFF REPORT  RECOMMENDATION:  Staff recommends City Council to approve the Treasurer's Report.  BACKGROUNDIDISCUSSION:  Attached is the Treasurer's Report for Cash and Investments for the month of March  2009.  FISCAL IMPACTS:  None at this time, however due to the State of California withholding monthly Gas Tax revenue allocations to all cities until June 2009, a decrease in interest income as  compared to budget is anticipated.  ALTERNATIVES: 1. Take no action  2. Provide staff with further direction.    Submitted by:  Approved by: A  Finance Director Gef  Cifyn Manager  Attachments: Treasurer's Report, March 2009    CITY OF WILDOMAR TREASURER'S REPORT FOR CASH AND INVESTMENT PORTFOLIO March 2009 CITYCASH BALANCE 571,857.57 BEGINNING BALANCE  FUND GENERAL GENERAL  ACCOUNT  INSTITUTION TOTAL INSTITUTION TOTAL  RATE  WELLSFARGO $ 571,857.57 0.00%  ()  ENDING  DEPOSITS WITHDRAWALS BALANCE RATE  FUND GENERAL GENERAL  ACCOUNT  WELLSFARGO $ 733,251.77 $ 235,269.48 $ (396,663.68) $ 571,857.57 0.00%  733,251.77 235,269.48 CITYI INVESTMENT  (396,663.68). $ 571,857.57  PERCENT OF  DAYS STATED 0 1.822%  BOOKVALUE FACEVALUE MARKETVALUE PORTFOLIO TOMAT. RATE 1,501,667.75 $_ 1,501,667.75 $ 1,501,667.75 100.00% 1,501,667.75 $_ 1,501,667.75 $. 1,501,667.75 100.00%  FUND  ISSUER  GENERAL LOCAAGEACTAMENENTND  TOTAL  CITY -TOTAL CASHA ANDI INVESTMENT  2,073,525.32 CITYI INVESTMENT BEGINNING DEPOSITSI 1,501,867.75 $ 1,501,667.75 $.  () WITHDRAWALS SALESI 0.00 $. 0.00 $.  ENDING STATED 0.00 $ 1,501,667.76 1.822% 0.00 1,501,667.75  BALANCE PURCHASES MATURITIES BALANCE RATE  FUND GENERAL  ISSUER LOCALAGENCYNVESTMENT: FUNDS  TOTAL  Inc compliance witht the California Code Section! 53646, ast the Director ofFinance! City Treasurer ofthe City ofWildomar,! Ihereby certifyt thats sufficient investment liquidity anda anticipatedi revenues are availablet to meett the City's expenditure requirements fort ther nexts six months andt thata alli investments arel in compliance tot the City's Statemento ofl Investment! Policy. lalso certify thatt this report reflects allO Govemment/ Agency pooledi and allO City's! bank balances. L Gary Nordquist Director ofFinance/Cityl Treasurer  investments  Date  2    March 2009 Daily Cash Balance AII Funds Checking Only Pool Report Balance  1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000  PREBSEESBEEEBRIEBBEBBEBBBEBEEEE  March 2009 Ending Net Change Balenceln from Prior Wholes Day 699,053 698,631 (422) 693,534 (5,097) 678,730 (14,804) 739,833 61,103 739,833 739,833 739,833 737,271 (2,562) 831,420 94,149 826,480 (4,940) 826,224 (256) 826,224 826,224 797,432 (28,792) 791,105 (6,327) 792,730 1,625 547,640 (245,090) 572,987 25,347 572,987 572,987 572,987 572,266 (721) 599,697 27,431 600,100 403 616,441 16,341 616,441 616,441 572,469 (43,972) 571,857 (612)  Ending Monthly Net Balance 20,855 $ 2,207,920  Actvity 20,855 2,277,065 104,163 (61,647) (137,267) 78,838 (93,251) (161,394)  Date 3/2 3/3 3/4 3/5 3/6 3/7 3/8 3/9 3/10 3/11 3/12 3/13 3/14 3/15 3/16 3/17 3/18 3/19 3/20 3/21 3/22 3/23 3/24 3/25 3/26 3/27 3/28 3/29 3/30 3/31  July August September 2,402,083 October 2,340,436 November 2,203,169 December 747,664 (1,455,505) January February 733,251 March April May June  826,502 874,867  4    CITY OF WILDOMAR - COUNCIL CONSENT CALENDAR ITEM Meeting Date: April 22, 2009  Agenda Item 1E.  TO: FROM:  Honorable Mayor Farnam, Members of the City Council Sheryll Schroeder, City Clerk and Julie Hayward Biggs, City  Attorney  SUBJECT: Award of contract for codification of City of Wildomar Ordinances  STAFF REPORT  RECOMMENDATION:  Authorize the City Manager to enter into a contract with Quality Code Publishing for publication of the City of Wildomar Municipal Code in a not to  exceed amount of $20,000. BACKGROUND:  On July 1, 2008, the Wildomar City Council adopted the Riverside County Code, as it was in effect on that date, as the City's municipal code for a period of 120 days. August 27, 2008, the Wildomar City Council adopted the Riverside County The City has been operating under a combination of the County Code provisions adopted upon incorporation and subsequent ordinances adopted by the City Council. The goal is to merge these documents into one, comprehensive, City of Wildomar code, removing as necessary references to County laws that do not apply to the City and adding City adopted ordinances in a coherent and The City sent an RFP (Request for Proposals) to six interested companies that specialize in codification services. The RFP was advertised in the Press Enterprise and posted on the City's website. The due date was March 5, 2009 and the City received five proposals. The City Attorney and City Clerk evaluated the submitted proposals and determined that Quality Code ranked highest among the submittals to publish the City's first municipal code. Reference checks were made by the City Clerk and no negative references were given by current clients. Quality Code will also be contracted to provide ongoing updates  Code as its permanent municipal code.  appropriate manner.  tot the Municipal Code on a regular schedule.  1    Wildomar Municipal Code will be accessible via the internet and Quality Code has an update feature, Code Alert ,that notifies the code user that a code section has been amended and provides a list of ordinances that have been adopted but  not yet incorporated into the Code.  FISCAL IMPACT:  The contract contains a not to exceed amount of $20,000, which will provide the City with 10 copies of the new Municipal Code and the monthly Code Alert service. The source of the funding for this service will come from General Fund Account 10-413-21. The expenditure for this codification service was included as  part of the FY 2008-2009 budget.  ALTERNATIVES: 1. Take no action.  2. Provide staff with further direction.  ATTACHMENTS:  Submitted by:  Approved by: pha  Cclhna Sheryl! Schroeder, City Clerk a  City Manager  Attorney  2    CITY OF WILDOMAR - COUNCIL CONSENT CALENDAR ITEM Meeting Date: April 22, 2009  Agenda Item 1F.  TO: FROM:  Honorable Mayor Farnam, Members of the City Council  Michael Kashiwagi, PE, City Engineer (LAFCO2007-39-1 Annexation 111)  SUBJECT: Detachment of a portion of County Service Area (CSA) 103  STAFF REPORT  RECOMMENDATION:  Staff recommends City Council detach County Service Area 103 (LAFCO 2007-  39-1).  BACKGROUND:  County Service Area (CSA) 103 provides for street lighting services within the unincorporated areas of Riverside County. As part of the incorporation process, the portion of CSA 103 within the City of Wildomar was detached from the County Service Area. Although detached, the City of Wildomar retained the ability to continue assessing fees and is now responsible for providing street lighting services to those areas. At the time of incorporation, a new area within the City of Wildomar was in the process of being annexed into CSA 103. The new area consists of approximately 20 acres and is associated with Tentative Tract Map (TTM) 29476. The annexation process was completed and became effective on December 5, 2008. On December 30, 2008, the City of Wildomar received a letter from Riverside LAFCO recommending that this new area be detached from CSA 103 since it resides completely within the City of Wildomar and creates awkward service boundaries for the County of Riverside. City of Wildomar staff has reviewed this request and concurs with this recommendation. By directing staff to begin the detachment process, it is anticipated that the detachment process can be complete prior to July 1, 2009.  1    FISCAL IMPACT:  As stated in the previous staff report requesting staff direction, Riverside LAFFCO staff has indicated they would support an application fee waiver; therefore there is no cost to the City for the detachment. However, there will be a fee of $800.00 that must be paid to the State Board of Equalization for filing fee. This fee will come from account # 10480 29, of the General Fund, Non-  Departmental, Miscellaneous Services  ALTERNATIVES:  1. Provide staff with further direction.  2. Take No Action  ATTACHMENTS:  Riverside LAFCO letter dated December 30, 2008  Submitted by:  Approved by: SA  Michael Kashiwagi,PE City Engineer  City Manager  2    RESOLUTION NO. 09-18  RESOLUTION OF APPLICATION BY THE CITY COUNCIL FOR THE CITY OF WILDOMAR PROCEEDINGS FOR THE DETACHMENT OF LAFCO 2007-39-1 ANNEXATION 111 FROM  REQUESTING FORMATION  THE COMMISSION  LOCAL  AGENCY TO TAKE  COUNTY SERVICE AREA 103  WHEREAS, the City of Wildomar was incorporated effective July 1, 2008; and WHEREAS, prior to the incorporation oft the City of Wildomar on July 1, 2008, the County of Riverside began processing LAFCO2WI3--Aucuin 111 (Annexation 111) through the Riverside County Local Agency Formation Commission (LAFCO); and WHEREAS, Annexation 111 became effective December 5, 2008, annexing a small portion of land now located in the City of Wildomar to County Service Area (CSA) 103; WHEREAS, LAFCO has recommended detachment of Annexation 111 from CSA 103 in order to create: more efficient service areas and the County of Riverside has not WHEREAS, the City of Wildomar desires to initiate aj proposal for detachment of Annexation 11 from the County pursuant to the Conese-knox-Herzhetg Local Government Reorganization Act 2000, commencing with Section 56000 of the California WHEREAS, the territory proposed to be detached is uninhabited, and a description oft the boundaries of the territory is set forth in Exhibit A attached hereto and by this reference WHEREAS, this proposal is consistent with the sphere ofinfluence of the Cityof WHEREAS, in accordance with Government Code Section 56886(t) and 57330, the subject territory shall continue to be subject to the levying and collection of any previously authorized charge, fee, assessment or tax ofCSA 103 and such charges, fees, assessments or taxes shall be payable to the City of Wildomar; and  and  objected to such detachment; and  Government Code; and  incorporated herein; and Wildomar; and    WHEREAS detachment serves the goal ofbetter and more efficient provision of services by transferringjunsdicion and control over the. Annexation 111 area, which is wholly within the jurisdictional boundaries ofthe City ofWildomar, to the City of Wildomar. NOW, THEREFORE, this Resolution of Application is hereby adopted and approved by the City Council oft the City of Wildomar, and the Local Agency Formation Commission ofRiverside County is hereby requested to take proceedings for the detachment of territory as described in Exhibit A, according to thet terms and conditions stated above and in the manner provided by the Conese-kmox-Hertbetg Local Government Passed and adopted by the City Council oft the City of Wildomar at ai regular meeting  Reorganization Act of2000. thereofheld on the  day of  2009, by the following Vote:    EXHIBIT "A" Annexation 111 to CSA 103 LAFCO2007-39-3  That portion oft the east halfofti the northwest quarter oft the southeast quarter of Section 32, Township 6 South, Range 3 West, and S.B.M as shown by United States Government Survey, Records of] Riverside County; more particularly described as follows:  BEGINNING at the northeast corner of the northwest quarter of the southeast quarter of 1)Thence South 00'42/34" East, along the centerline ofl David Lane (30.00 feet in half width) as shown on' Tract 22948 on file in Book 382 ofN Maps at pages 10 through 22 inclusive, records of Riverside County, California, said point also being on the easterly line oft the east half of the north west quarter of the south east quarter a distance of 1315.00 feet to the southerly line ofthe east half ofthe northwest quarter of the south east quarter to the southerly line of said  said section 32:  section.  2) Thence South 88*30'33" West along said southerly line, a distance of657.90 feet to the westerly line oft the easterly halfto thei north west quarter ofthe south east quarter ofs said  section;  3) Thence North 00:34'36" West along said westerly line, a distance of1317.59 feet to a point on the northerly line oft the easterly halfoft the north west quarter of the south east quarter  ofsaid section;  4)1 Thence South 88'43'53" West along said northerly line, said point as being on the center section line ofsaid section 32, a distance of6 654.82 feet to the POINT OF BEGINNING.  The above-described parcel of land contains 19.83 acres, more or less See plat attached hereto as Exhibit "A" made a part hereof.  PROFESEIO R. No. 30857 Expiree 3/31/10 CIVIL OFC CALIFORT 0  3.4.09 Date  Reg.  M  Page 1 of1  SAhojcis0975-SmoinEAIMEAEMEMISL-gI-LAI-LAFCOANNEX.OC    EXHIBIT A ANNEXATION 111 TO CSA 103 LAFCO 2007-39-3  RS 63/14 NO0'34'36'W 1317.59'  AREA = 19.83 ACRES APN 362-180-042 E1/2 - NW 1/4-SE1/4 SEC2L6SRJM S.B.M.  0 S00'42'34'E 1315.00' --C/L DAVID LANE MB 382/10-22 C/L WINKLER STREET  S  SITE  LEGEND LAFCO BOUNDARY  CLINTON - KEITH,  ROAD.  PROFESS RBY R./ MARKHAM /30657 Exp. 3-31-10 CIVL CF CAIER 7.4.09  -  C    %  COUNTY OF RIVERSIDE  MDMG MARKHAMI BRIMBTLNCBTSNIE 41635 Enterprise Cirdel N. -SuiteB B Temeculo, Colifornio 92590 (951)296-3466 TEL (951)296-3476FAX  THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN SCALE 1"= 300'SEC. 32, T.6S., R.3W S.B.M.DATE  THE ATTACHED DOCUMENT. SHEET 1 OF 1 DRWN BY CHKD BY  DATE DATE  2/26/07  LAFCO ANNEXATION    RECEIVED JAN 052009 CITYOFWILDOMAR  RIVERSIDE LAFCO December 30, 2008 Attn: Mayor and City Council C/O City Clerk City of Wildomar 23873 Clinton Keith Rd. Ste. 111 Wildomar, CA 92595  RE: LAFCO 2007-39-1-Annexation 111 to County Service Area 103  To Whom It May Concern:  This is to inform you that the above mentioned annexation (LAFCO 2007- 39-1) was approved by our Commission priori to the Incorporation of the City of Wildomar and was completed effective December 5, 2008. As a result, a small portion of County Service Area (CSA) 103 consisting solely of this annexation area, now exists within the City of Wildomar. Although the annexation has the benefit of establishing a financial mechanism for street lighting services it creates awkward service boundaries. After the incorporation's one year transition period this will be the only remaining area served by the County of Riverside within the city limits. Therefore, we would recommend a detachment of this area to coincide with the. end of the transition period. At that time staff would support an application fee waiver for the detachment Thank you for your cooperation. If you have any questions  to our Commission. contact Sincerely, Qluauskone Adriana Romo Local Government Analyst II CC: Amber Jacobson, EDA  please  me at 951-369-0631.  RIVERSIDE LOCAL. AGENCY FORMATION COMMISSION . 3850 VINE STREET, SUITE 110 . RIVERSIDE, CA 92507-4277  Phone (951)3 369-0631 . www.lafco.org- Fax (951)369-8479    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 1G.  CONSENT CALENDAR ITEM Meeting Date: April 22, 2009  TO: FROM:  Council Members  Michael Kashiwagi, Development Services Routes to School (SRTS)Legislation  SUBJECT: Adopt Resolution Supporting the Reauthorization of the Federal Safe  STAFF REPORT RECOMMENDATION: (SRTS) Legislation. BACKGROUND: SAFETEA-LU  Adopt Resolution supporting the reauthorization of the Federal Safe Routes to School  In2 2005, President Bush signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU authorized the Federal surface transportation programs and provided $286.5 billion in Federal investment for highway, public transportation, and highway safety programs for the 5-year period of 2005-2009. SAFETEA-LU expires on September 30, 2009. A new multi-year reauthorization is anticipated to be rolled out by Congress in the As non-highway construction spending has grown in recent reauthorization cycles, federal transportation funding has become increasingly important to cities, counties, states and regions in creating alternative transportation networks, bike and pedestrian trails, and other ransporation-related components that provide livable communities. The upcoming reauthorization of the Transportation Act will allow more people access to public lands and continued funding for an array of transportation improvements that work toward transportation mobility, congestion relief, and environmental and energy The reauthorization will potentially re-enact several transportation funding programs including the Federal Safe Routes to School Program (SRTS), which will expire as SAFETEA-LU becomes inactive in 2009 (unless the law is extended). The continuation of the Safe Routes to School Program has direct benefits in providing a funding source  summer of 2009, and preliminary work is underway.  conservation or preservation.  1    Meeting Date: April 22, 2009  for improvements that provide access and increase safety for school children to and  from school.  Federal Safe Routes to School (SRTS) Funding Program  The Federal Safe Routes to school program began in 2005 under the Federal transportation act, SAFETEA-LU. Congress authorized a total of $612 million in funding to states over five years, beginning with $54 million for fiscal year 2005 and concluding The SRTS funding program is designed to allocate funding for engineering improvements around schools, such as traffic calming measures, new and/or improved street crossings, sidewalks, bike lanes and walkways to create communities that are conducive to walking and biking safely to school. The SRTS Program provides important benefits to kids and their communities, such as improved health, reduced traffic congestion, better air quality, and enhanced neighborhood safety. Across all states, as of December 2008, approximately 90 percent of federal funds from fiscal years 2005 through 2008 have been awarded and more than 4,400 local schools are benefiting from the federal program and are implementing their SRTS programs and  with $183 million for fiscal year 2009.  initiatives.  Supporting Reauthorizing SAFETEA-LU and SRTS program  In March 2009, as part of the pending reauthorization of the federal transportation law, Western Riverside Council of Governments (WRCOG) endorsed a resolution to support the "Safe Routes To School Program". Inj passing the resolution, the WRCOG Executive Committee also requested that its member jurisdictions and agencies adopt a similar resolution supporting the Safe Routes to School Program and continued funding for its The City of Wildomar staff has submitted an application (to Caltrans) for Safe Routes To School Funding for sidewalk improvements. The proposed project will construct new curb, gutter, and sidewalks on Central Street, Palomar Street, Illinois Street, and George Avenue. This will improve the pedestrian environment for parents and children walking to Wildomar Elementary School and Ronald Reagan Elementary School, and if funded, would provide approximately $400,000 toward the project. Continuation of the program in the transportation law reauthorization will be advantageous for the City. Staff therefore recommends the Council approve the resolution supporting  mplementation.  reauthorization of the Federal Safe Routes To School Legislation.  FISCAL IMPACTS:  There are no direct impacts at this time. As stated earlier, the reauthorization of SAFETEA-LU and the reinstatement of the Safe Routes to School Program will allow the City of Wildomar to seek future funding for transportation projects within the vicinity  of schools.  2    Meeting Date: April 22, 2009  Submitted by: Michael Kashiwagi  Development Services ATTACHMENTS: Resolution  Approved by: R  Intérim City Manager  3    RESOLUTION NO. 09-19  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR SUPPORTING THE REAUTHORIZATION OF THE FEDERAL SAFE  ROUTES TO SCHOOL (SRTS) LEGISLATION  WHEREAS, City Council of the City of Wildomar supports improving pedestrian safety WHEREAS, the "Safe, Accountable, Flexible, Efficient, Transportation Equity Act - A Legacy for Users" (SAFETEA-LU) provided for funding to the states for the funding of infrastructure projects on public roads, pedestrian pathways and bike lanes that would WHEREAS, the City Council of the City of Wildomar urges legislators and local government agencies to allocate funding for more adult crossing guards, implementation of engineering improvements around schools, such as traffic calming measures, new and/or improved street crossings, sidewalks, bike lanes, and walkways WHEREAS, the SAFETEA-LU will expire on September 30, 2009, unless reauthorized; NOW, THEREFORE, the Wildomar City Council does hereby resolve as follows:  through safety programs and infrastructure improvements; and  improve the ability of students to walk and bicycle to school; and  to create safer routes to school; and  The City Council of the City of Wildomar supports reauthorization of the PASSED AND ADOPTED by the City Council of the City of Wildomar this 25th day of April,  SAFETEA-LU.  2009 by the following vote:  AYES: NOES: ABSENT: ABSTAIN:  Scott Farnam, Mayor    PASSED AND ADOPTED at a regular meeting of the Wildomar City Council held this 25th day  of April, 2009.  KVPUBZKATOR7S1924. 12    CITY OF WILDOMAR - COUNCIL CONSENT CALENDAR ITEM Meeting Date: April 22, 2009  Agenda Item 1 H.  TO: FROM:  Honorable Mayor Farnam, Members of the City Council Michael Kashiwagi, Development Services  SUBJECT: Resolution of Support for One Water One Watershed: Santa Ana  River Watershed Integrated Regional Water Management Plan  STAFF REPORT  RECOMMENDATION:  Staff requests the City Council adopt the attached Resolution Supporting the for One Water One Watershed: Santa Ana River Watershed Integrated Regional Water Management Plan and its submittal to the Department of Water Resources  for future funding under Proposition 84, Chapter 2.  BACKGROUND:  One Water One Watershed" (OWOW) is a new and innovative planning process being developed within the Santa Ana Watershed by the Santa Ana Watershed Project Authority. Through collaborative strategic partnerships and building upon the successful watershed planning in the past, the next generation of integrated regional watershed planning has been developed to solve problems on a regional scale and give all water interests a voice in the planning process. The resulting Plan is now ready to be submitted to the California Department of Water Resources in search of additional funding as a means of implementing some of The City Council is being requested to provide a Resolution supporting the Plan and supporting the Authority's submittal of the plan to DWR. As a portion of the City is within the Santa Ana Watershed, this Plan provides a beneficial planning tool to the community and staff would recommend the City Council support the  the ideas and programs raised in the OWOW.  request. FISCAL IMPACT:  There is no fiscal impact with the adoption of the proposed resolution.  1    ATTACHMENTS:  OnelaterOneWatersned Executive Summary  Submitted by: Michael A  Approvedb by R  Kashiwagi, Development Seryices  CityManager  2    RESOLUTION NO. 09-20  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA SUPPORTING THE "ONE WATER ONE WATERSHED" SANTA ANA RIVER WATERSHED INTEGRATED REGIONAL WATER MANAGEMENT PLAN AND ITS SUBMITTAL TO THE DEPARTMENT OF WATER RESOURCES FOR PROPOSITION 84, CHAPTER2P PROGRAM FUNDING  THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES RESOLVE AS  FOLLOWS:  SECTION 1. Recitals.  (a) The "One Water One Watershed" (OWOW) Santa Ana River Watershed Integrated Regional Water Management Plan (IRWMP) as presented by the Santa Ana Watershed Project Authority represents one of the most significant and innovative collaborative planning efforts to date in addressing water resources in the Santa  Ana River Watershed.  (b) The OWOW planning process was conducted in a fair and transparent process working closely with stakeholders in the watershed in a bottom-up approach in preparing the Santa Ana  River Watershed OWOW IRWMP.  (c) The OWOW IRWMP will also help secure significant funding for resources in the Santa Ana River Watershed through the California Department of Water Resources, Proposition 84, Chapter 2  Integrated Regional Water Management Program.  (d) Portions of the northern part of the City of Wildomar are within the Santa Ana River Watershed and the OWOW IRWMP provides a  beneficial planning tool for the City.  SECTION 2. Resolve.  The City Council of the City of Wildomar supports the Santa Ana Watershed Project Authority's "One Water One Watershed" Santa Ana River Watershed Integrated Regional Water Management Plan and furthermore supports their submittal of the OWOW IRWMP for DWR Proposition 84 Chapter 2 Integrated Regional Water Management Program funding to provide benefit to the residents  of the entire Santa Ana River Watershed.  RIV# #4826-6024-7298V1  C-1    SECTION 3. Effective Date. This Resolution shall take effect on April 23rd,  2009.  The foregoing Resolution is approved and adopted by the City Council of the City of  Wildomar this 22nd day of April, 2009 by the following roll call vote:  AYES:  NOES:  ABSENT:  ABSTAIN:  Scott Farnum MAYOR  ATTEST:  APPROVED AS TO FORM:  Sheryll Schroeder INTERIM CITY CLERK  JULIE HAYWARD BIGGS CITY ATTORNEY  RIVA826-802+-7298V  C-1    One Waterone Watershed  Executive Summary  Planning Concept  The fundamental, concept for this planning process was to pull parties together in  AWPA officially launched this every aspect. of the water arena - those Management (IRWM) planning those who manage it - in a way that's never effort during a meeting in which been done before'and in a way that goes 178 officials representing more than 100 beyond the interests of any one agency. agencies in Riverside, San Bernardino This approach marked a major shift from and Orange counties met to discuss previous IRWM planning efforts by greatly the framework for the One Water One expanding the number and type of agencies Watershed Plan (OWOW), a shared vision and organizations involved in the process. It of the Watershed - a 2,650-square mile isr noted that some agencies' missions were area from the San Bernardino Mountains SO narrowly defined that they cannot easily westward to the Pacific Ocean. The goal plan for improvements that also would and expectation was that this Integrated benefit surrounding constituencies.  Integrated  Regional  Water who provide water, those who use it, and  Regional Water Management Planwould be far more comprehensive than any plan that could be developed by as singlea agency. Participants from numerous agencies and organizations have volunteered to serve on committees and have addressed every aspect of water management planning, including water supply reliability, water quality improvement, water use efficiency, climate change, water and land use, flood risk management, environment and habitat  enhancement, water recycling, as well as The vision of the OWOW Plan is a water use in parks, recreation and open sustainable Watershed that is drought space areas. Participants also integrated proofed, salt-balanced, and supports water supply with environmental needs, economic and environmental viability. and included the environmental justice and To achieve this vision, stakeholders must disadvantaged communities in integrated address four major crises or threats which  water solutions.    One Wateroone Watershed  we have labeled the Four Horsemen of to allow the key discussions of major water the Apocalypse. They are as follows: resource issues, concerns, problems, goals 1) Climate Change resulting in reduced and objectives and potential solutions to water supplies combined with increased originate and be first fully vetted at the water needs in the region; 2) Colorado stakeholder level - the stakeholders being River Drought Conditions resulting in the local agencies, orgânizations and other reductions of imported supply due to upper interested parties within the Watershed. By basin entitlements and continued long-term capandingtheinydlyementandcolabontion drought; 3) San Joaquin Delta Vulnerability to the on-the-ground level, greater buy- resulting in reductions or loss of supply due in and support were expected and realized to catastrophic levee failure or changing for this planning development process. management practices of the Delta; and Consequently, if one were to ask where 4) Population Growth and Development the governance originates for the Santa resulting in interruptions in hydrology and Ana River Watershed OWOW process, we groundwater recharge while increasing believe. thé identification of issues starts  water needs.  from the grass-roots level, the foundation of ad decentralized and collaborative "big tent"  approach.  Four Horsemen the Apocaly  Pillar Groups  In order to manage the initial planning work, the stakeholders were organized into ten separate workgroups or pillars centered around specific water resource management areas. These pillars consisted of approximately ten to 60 volunteers depending on the topic and interest level. local agencies, special districts, non-profit organizations, university officials, Native American tribes, and private citizens. The  Ciimale Della Change  The volunteers included  from  participants  In developing the OWOWF Plan for the Santa pillars were led by a volunteer chair having Ana River Watershed, a decided "bottom expertise in that specific water resource  to a "top  down" strategy. A list of pillar leaders can be  up" approach as opposed  approach for governance was envisioned. found here.  By this we mean that unlike previous Thereafter, work was and will continue to SAWPA plans or other planning approaches be conducted among the pillar groups to  across the State, every effort has been made  2    One Water (One Watershed  explore new opportunities for collaboration. Under this current phase of the work, each of the pillars was asked to step out of their role as lead of a specific water resource management strategy and view problems from the other pillars' perspectives. It was through this process that news synergies were the understanding that many downstream could more effectively and efficiently be addressed upstream at the source. Overtime,  6. Flood Risk Management 7. Environment and Habitat Enhancement 8. Parks, Recreation and Open Space 9. Climate Change 10.Environmental Justice  developed and multi-benefit programs were A short description of the efforts of each  formed. An example of this approach was group follows.  water resource and water quality problems Water Supply Reliability  this process of collaboration among the The climate and geography of the State of pillar groups provided a more unified vision : California present a unique challenge to the with new integrated and multi-beneficial management and delivery of water. While The planning approach taken transcends California's population resides in the semi- previous integrated regional water resource arid, southern portion of the state. Water is planning efforts by deemphasizing diverted, stored and then transferred from planning based solely on preparing for an the water-rich north to the more arid central impending grant funding opportunity or and southern sections of the state through planning based onalistofresource projects. the California State Water Project, the Rather, the emphasis was placed on Central Valley Project and the Los Angeles  solutions to water resource challenges.  most of the state's precipitation falls on the northern portion of the state, most of  building a collaborative approach amongst Aqueduct. stakeholders to help meet long-term (2025 year time horizon). goals and objectives in ani integrated and multi-beneficial manner. The pillar groups met regularly for over a year and a half prior to completing the plan in January 2009. The pillars cover the  Awveragel Vears Supplestorz0as  Conserwation 81,as3 9%  Recydledwer sa,300 3%  69,281 6%  following areas:  mpa 523,674 35%  aA 64%  1. Water Supply Reliability 2. Water Quality Improvement 3. Water Recycling 4. Water Use Efficiency 5. Water and Land Use  3    One Water)One Watershed  This approach of providing regional water ensure water reliability and a sustainable supplies through the construction of giant and vibrant economy for the Watershed. changed overthe lastseveral decadest tomore Water Quality Improvement minimizingimpacts tot the environment. This This chapter describes water quality in the change, combined with corresponding state Santa Ana River Watershed and programs and federal laws protecting the environment, to improve water quality. The discussion is has impeded the construction of many new organized around three focus areas: surface water supply projects over the past several water, groundwater, and ocean water quality. decades. As a result of environmental, Ocean water is defined to include the zone political and other constraints, these giant from the beach to three miles offshore, and water projects are unable to deliver their bays and estuaries near the coast. Water design capacity or capture all of the water quality issues, with respect to imported In the past, a buffer supply was developed surface water quality. In previous versions by constructing new facilities such as dams of SAWPA's Integrated Plans, ocean water and/oraqueducts toj provide supply forfuture quality wasr notincluded as a focus area. and demand has closed and increasing In general, surface water in the upstream emphasis is placed on water use efficiency portions ofthe Watershed is ofbetter quality and development of local supplies. This compared to the downstream portions. has caused California to seek more creative Agricultural, industrial, commercial, and and sustainable solutions to water resource residential development over the last The Santa Ana River Watershed lies in semi- surface water in the Watershed include arid southern California. Like many other microbial contaminants such as bacteria, areas, the Watershed is carefully evaluating nutrients, and pesticides. The amount ofsalt, water supplies and demands and seeking commonly called "total dissolved solids" or creative, cost-effective strategies to provide TDS also can impact surface water quality. areliable water supplyinto the future. Water Altioughitismotunifom,ingemerlsurace supply reliability will be challenged by state water flowing down the Watershed picks droughts, droughts on the Colorado River, up greater amounts of pollutants as it flows the vulnerability of the Sacramento-San downstream. In some cases, the pollutants Joaquin River Bay-Delta, and the threat of may be removed by natural processes in climate change. Designing a diverse and the river or stream, but the quality of the flexible water resource management system surface water generally degrades as iti flows  water conveyance systems has gradually of an approach that involves restoring and  that runs to the ocean in any given year.  water supplies, also are discussed because they bear upon groundwater quality and  growth. Today, the gap between supply  management.  approximately 150 years has impacted surface water quality. Pollutants that affect  that can meet these challenges will help to downstream.  4    One Waters One Watershed  Santa Anal River Watershed: Groundwater Management: Zones  Pacinic Ocean  Future water quality issues for surface appropriate. Ifbeneficial uses have not been water in the region are likely to include appropriately designated, resources may be the following: 1) new pathogen indicators; allocated to problems inappropriately. This 2) new residual chlorine standards; may occur when beneficial uses are present 3) potential nutrient standards; 4) emerging but not identified in the Regional Board's contaminants, such as pharmaceuticals; Basin Plan, ort thel beneficial use designations 5) sediment loading; and 6) the effects in the Basin Plan are not appropriate.  of water use efficiency on wastewater  treatment.  Elevated levels of the salt and nitrate in the groundwater are the primary groundwater  The major goal for water quality issues that have been identified. They can be improvement of surface water is to achieve affected by mineral content int the sediments, water quality standards. These standards recharge and drainage patterns, and historic include meeting beneficial uses, meeting land use. Salt and nitrate are two long- water quality objectives, implementing the standing water quality issues in groundwater Regional Board's anti-degradation policy, in the Watershed. In the last approximately and fulfilling the Implementation Plan in the 25 years, VOCs were discovered in certain Regional Board's Basin Plan. The.following areas as groundwater contaminants. In the strategies are employed to achieve these last approximately eight years, perchlorate goals: 1) protect good quality surface water; also was identified as a groundwater  2) clean up poor quality surface water; and contaminant.  3)re-evaluate water quality standards where    One Water One Watershed  Arange oftactics are currently being used to Currently, agencies within the Watershed protect groundwater and coastal resources have the capacity tot treat over 750,000AFY, including, source water protection, research, and current plant flows total over 539,000  and public outreach. Water Recycling  AFY. In 2005, approximately 172,000AFY of recycled water was uséd. to meet water needs, such as industrial and municipal uses, habitat creation and environmental  The Recycled Water Pillar group reviewed enhancement, conjunctive use and water reuse activities in the Santa Ana groundwater recharge, lake stabilization, River Watershed, including agricultural and and landscape and agricultural irrigation  landscape irrigation, creating groundwater within the Watershed. barriers against seawater intrusion, habitat creation, environmental enhancement, Specifically: and lake stabilization. In addition, the "greenhouse effect" of recycled water was  Water recycling will be an increasingly important part of California's sustainable water elbopedhalegeraa to recycled water varied and range from regulatory issues, ability to handle storagel seasonal variability, water quality impacts, salinity management to public acceptance, perception, and  evaluated.  Industrial 7%  are  Agl trigation 24%  projects  Municipal 31%  Conjunctive Use/Recharge 20%  policy issues. Strategies to address impacts are being addressed by the Emerging Workgroup, which is made up of stakeholders and the Regional Board.nsomemanagementzones, the maximum benefit process is being used to setmaximum benefit Additional storage for recycled water is planned, but a more comprehensive effort needs to be  Lake Stabilization 4%  water quality Constituents  Environment! Habitat 14%  Fifteen of 18 water reclamation/recycling agencies identified within the Watershed provided detailed information including current and projected treatment plant capacities, plant flows, amounts of water recycled and disposed, how recycled water is used, and recycled water storage facility volumes. The agencies and their facilities are described in the chapter. Projections in the same categories also are provided in five-year increments through 2030.  objectives.  developed.    One Water One Watershed  Desalination management  of issues.  brackish develop new water use efficiency efforts, Also, a comprehensive long-term water use  groundwater addresses salinity and be a model for others in this arena, some agencies are conducting efficiency plan needs to be envisioned and  investigations relating to zero developed. liquid discharge from desalters to further refine the process.  Our regions can buildu upon existing regional support by Metropolitan Water District  Orange County Water District of Southern California and other regional is putting high quality, treated agencies with an established history in recycled water into the basin programimplementation. These efforts may thereby improving water quality behamrpetredby:Dlydologicandregpatoy,  by lessening overall salinity. In addition, some agencies available to individual residences  droughts; 2) increased need to efficiently manage water supplies while facing lack of thresholds across the Santa Ana River Watershed; 4) disadvantaged community  tcost-effectiveness  are making recycled water grant funding:3)different  for yard irrigation and toilet issues; and 5) recent legislation requiring flushing; and meeting water Urban Water Management Plan compliance quality specifications through with demand management measures. user confidencé and acceptance With as much as 60% of household water with specialized user advice and consumption going toward outdoor usage, it user support groups, promoting is'no wonder that there is a growing need public acceptance, improving to provide effective programs targeting public perception, and working outdoor landscaping. There are various to develop potentially favorable ways to develop outdoor programs that  specialized treatment improving  policies.  increase water efficiency. Ideas include: 1) changing landscape design elements by increasing pervious hard surfaces, pavers, and' bioswales; 2) advancing emerging  Water Use Efficiency  The Water Use Efficiency Pillar gathered technologies, such as smart irrigation information and opinions on potential new controllers and new irrigation device programs, opportunities, and emerging technology; 3) positioning water-efficient technologies that could be implemented gardens as in style and "hip"; - 4) developing in the Santa Ana River Watershed. The a "one-stop shop" that offers accessible terminology, "water use efficiency" implies water-efficient: landscape planning programs and supports efficient use of all water in a comprehensive manner; and 5) creating resources at all times. To begin identifying ac comprehensive package for consumers how to support existing water conservation (e.g., rebates, stores, installers, training, and  measures, enhance existing programs,    One Water One Watershed  check-ups that are marketed as a package communities) and the development when yPuaaeNw community (e.g., developers, Building Another potentially effective strategy is LEED groups or the USGBC); and to develop individualized allocated water (c) the environmental community budgets for each user and implement (e.g., conservancies, watershed managers associated tiered-rate structures. This and NGO's); and 4) development of multi- provides a structure that would encourage objective strategies thati incorporate multiple people to stay within their water budget measures intonewd developments' that sustain and penalize those who are careless or watershed function and provide additional excessive with their water use.Additionally, benefits (such as substituting a debris basin the money generated from fines could be a with a retention area that accommodates funding source to implement new programs. peak flows, but simultaneously serves as a water use efficiency programs should be The group has found that the predominant considered in each and every strategy, land use pattern has been consumptive in situation or circumstance. For example, nature; however, some promising higher efficiency programs that reduce the amount density residential developments with ofwater applied to landscapes also reduces access to public transportation, shopping runoff into storm drains. Therefore, there and entertainment are emerging in the lsoisareductionofpestiidesandferilizers region. The biggest threat is a NIMBY  controllers).  Industry Associations and sustainable development organizations such as  groundwaterecharge area).  The potential for multiple benefits from  being discharged into waterways. Water and Land Use  approach by local governments who believe smarter growth amdsusainabe-dnvelopment practices don'tapply to their community. The Land Use Pillar group suggests that IRWMPS are an ideal mechanism to provide  The group reviewed: 1) the history and a modest funding stream to provide an tondiwefiadenis SantaAna incentive to local governments that "do River Watershed; 2) çurrent techniques for the right thing" by incorporating multi- managing growth; 3) land use partnerships objective strategies in new land uses or with key stakeholders, including: redevelopment such as: 1) Low Impact (a) local governments, local government Development (LID) that reduces polluted agencies (e.g., Councils of Governments, urban runoff and increases groundwater Metropolitan Planning Associations), recharge; 2) mandatory dual-plumbing for and local government organizations; any development where water reuse may (e.g., stormwater managers or EJ reduce potable water supplies for needed  (b)  related  stakeholder  groups be feasible at some time in the future to  8    One Water One Watershed  The Water Principles Principle 1: Compact Community Design  Principle 2: Natural Infrastructure  Principles 7,8, 9: EficientWater Use  Principles 3,4, 5: Sustainable Site Design  Implementation Principles  landscapes and industrial processes over storms the region experiences, including the time; 3) limiting growth in areas that have volumes and intensity of runoff these storms an exceptionally high risk of wildfires and can produce. The chapter recounts the flood post-fire flooding to reduce the impacts of experience of the region and the strategies fire and sediment loading from post-fire that historically have been used to respond debris flows; 4) urban greening projects tot the risk of future flooding, including the to reduce the impacts of climate change; ongoing Santa Ana River Project. These 5)permeable pavementincluding the retrofit stategesmainyhaveconsisiedofharenng of large parking lots to prevent the further and straightening the stream channels to degradation of streams, creeks, marshes, maximize drainage efficiency and buffering estuaries and rivers; and 6) LID in-fill peak flows by providing large flood storage projects in older EJ communities to reduce facilities. In general, communities in the  pervious cover in the built environment. Flood Risk Management TheFlood: RiskN MamagmemtPilardesgbes the Watershed physically in a way that a flood manager or flood control engineer would see it. The description is based on' catchment area, land uses, runoff volumes, and elevation differences or slopes, The Pillar chapter also describes the types of  9    One Water One Watershed  Santa Ana River Watershed have been conditions of the Watershed and the climate effective at reducing flood damage risk, itself change, and therefore the flows allowingthetradlitional California urban and associated with a 100-year storm change. suburban development to be maximized. Thus, the standard that we use for flood risk However, some highly populated areas management is not formally established, not remain vulnerable to flooding even in fairly easy to compare to or integrate with other modest storms. In addition, the current community needs within the Watershed, and principle strategies are expensive in terms of dubious predictive strength in any event. ofmoney, natural resource impacts, and lost The OWOW process should produce more water supply. Changing community values understandable and more universal metrics are forcing a reevaluation of the traditional for the expression of risk, and use them approach to managing flood risk, in effect to facilitate the establishment of a flood  changing the terms in the "cost-benefit" protection standard.  equation used for the past century.  Second, the reality has been that land use  There are two additional key issues that decisions have preceded flood management flood management must address in order to strategies and have severely limited the succeed. Finsehaiepahdfeiate alternatives that flood managers can efforts throughout the Watershed need to consider. Once development has been be clarified and reaffirmed. Although there allowed to encroach into a floodplain, are few formalized rules, the most. common regional storage and hardened, straightened, planning and design guideline in the region and levied channels may be the only feasible is to design for the 100-year flood. How approaches. Ideally, it would be better to and why that levél of protection became a devise a flood management strategy during community standard, and whether or notit the original planning of the development is appropriate, is not free from doubt. There of a region, sO that flood risk management have been recent bills in the California and other land and water needs could be legislature proposing different standards, optimized. Since that has never been the e.g. 200-year protection.. This should be a practice in the region, and since the region community decision based on a balance of is now highly urbanized, the Flood Risk risk, economic, and environmental costs. Management Pillar and the Water and To facilitate such an agreement, we need Land Use Pillar will need to collaborate a common vocabulary for the risks and to determine what, if any, new approaches  costs associated with flooding and other would be productive.  competing issues, such as water supply and water quality. Additionally, the 100-year" standard is elusive because it is a statistical construct based on historical flows, which were a product of past conditions within the Watershed. Over time, both the physical  10    One Water One Watershed  Environment and Habitat  and/or enhance existing natural riparian corridors and wetlands are in areas that have not yet been urbanized. However, there also are opportunities to revive some  Enhancement  This group described the "green" elements of the natural water bodies in areas that of the Watershed. Early in the analysis, the have been urbanized or highly manipulated team realized that many water bodies of the over the last century. Further, while some mountains and coastal plains connect and people have given up on saving water- wind their way through the alluvial fans oriented habitat in the Watershed, there are and arroyos ofthe Watershed. This network still many "unknown" jewels hidden away provides lush habitati in southern California's in the folds of the topography, There are  others that can be brought back to life to provide neighborhood green spaces to the watershed's millions of human inhabitants. Probably the greatest threat to the success of this group is rapid urbanization that occurs before arrangements can be made to incorporate healthy ecosystems into deyelopment. Many modern developers understand the value of green space to new communities, but society is still balancing  otherwise semi-arid environment, cleans new housing and workplaces with the runoff before it reaches downstream water-oriented environment that surrounds shorelines, and provides opportunities for them. How do landowners get an economic recharging precious groundwater basins return on their investments while ensuring along the way. Keeping the network of that water-oriented ecosystems continue to  stream channels healthy as functioning thrive? habitat also keeps it functioning optimally  inj providing other benefits.  Another threat to healthy habitats in the Watershed is water quality. The team  The chapterfocuses onhabitat in and around expects to work closely with other groups, water bodies throughout the Watershed, especially water supply reliability, flood includingstreams, lakes, wetlands,estuaries, risk management, and recycled water to and vernal pools. In fact, it is expected to identify synergistic projects that benefit the that provide habitat opportunities, from As is the case for other Pillars, the the highest peaks to the open ocean. Some Environment and Habitat Enhancement of the greatest opportunities to preserve Pilar'sucesisespecialydepenoemtontne  be one of the first documents to list all the environment.  igpifeamivatrhodewitin the Watershed  11    One Water One Watershed  weaving ofits objectives with the objectives offerings and conditions. While there have ofthe other Pillars. Many times, funding set been many accomplishments, especially aside specifically for environmental projects along the river regarding access, more is limited; however, great progress can be planning, management and coordination made when projects for the other Pillars needs to occur and be sustained. Urban are planned with habitat preservation/ development patterns, high land prices, enhancement in mind. Thus, the Pillar team and low availability of land for recreation looks forward to working closely with make expansion of opportunities difficult. the other Pillar teams in development of Also, new parks or trails may impact habitat  plans.  with limited land left for publicaccess and Possible future threats include uneven funding for new trails and parks within the Watershed, a shortage of on-going  preliminary project  recreation.  Parks, Recreation and Open-Space  Thel Parks, Recreation and Open Space Pillar maintenançe funds, and maintaining a high brought together park, recreation and open level of security and care for the parks and  space advocates from the three counties, trails. including cities and other governmental  Strategies for addressing existing threats include: 1) seeking more stable funding through assessments; 2) increased public awareness of park, recreation and open space issues; 3) development of a plan to leverage existing resources and expertise; 4) forging and maintaining partnerships; 5) improving mapping of resources; 6) curtailing vandalism by increased patrol presence; and 7) ensuring regional park master plans include proper trail and open space protections. The most important regional strategy was to fund and complete  agencies and citizens who are interested in the Santa Ana River Trail. Additionally, we public access relative to water resources in need to help local agencies find support for the Santa Ana River Watershed. This group their recreation needs radiating out from the decided to focus on the larger "picture" of Santa Ana River' Trail backbone.  opportunities.  The general findings included a survey of current regional park and open space  12    One Water One Watershed  Climate Change  Water Project supplies. There are numerous water management strategies that can lessen the impact of climate change. These adaptation strategies include improved water use efficiency; increased investmentin development of local water supply projects, such as recycled water, groundwater management, and capture ofstormwater (for example through low impact development); and enhancement of local environmental resources, such as wetlands, parks and open space that can provide multiple environmental, habitat, water quality, and water supply benefits. In addition, many  Energy'ntensityofs Selected Water Supply Sources in Southern California  6000 5000  -  The Climate Change Pillar considers adaptation strategies also help mitigate historic, current and future climate climate change trends. For example, local conditions and the implications of changing investment in water efficiency or local water climate conditions for the Santa Ana River supply. development reduces the energy- Watershed. The conditions that impact intensity ofcurrent water supplies, lowering the Watershed are broken down into three the greenhouse gas emissions associated key drivers: 1). changes in temperature; with the provision of these resources. 2) changes in precipitation; and 3) changes Climate change also carries important long- in: sea level. OPmilAurctasgdfeime term implications for the environmental change may evolve from: 1) increasing justice community because the rising cost temperature, which wilkreduce snow pack of water supplies, temperature-induced in the western states, as well as change the smog, and heat island impacts are most -4w likely to impact citizens that are least able to impact water supplies, water management financially address these problems. resources; 2) changes in precipitation Environmental Justice  strategies, air quality, and environmental patterns which may result in less snow,  more intense and lengthier droughts, more The United States Environmental Protection intense storms when precipitation occurs, Agency recognizes the disproportionate and greater summer monsoon-type patterns impact that disadvantaged and minority which could also lead to more fire events communities face throughout the United caused by lightening; and 3) rising sea States. Disadvantaged and minority levels, which will impact coastal water communities are disproportionately affected infrastructure, cause greater infiltration of by environmental pollutants which are seawater into coastal groundwater basins emitted by various sources. Because these and may adversely impact Bay Delta/State disadvantaged and minority communities  13    One Water One Watershed  are concentrated in areas where the sources Several environmental justice issues within of pollution are situated, the communities the Santa Ana River Watershed were often times endure conditions that are identified early in the OWOW process. The State of California defines a operations have occurred primarily in the Disadvantaged Census Tract as a census upper Watershed. Thissort ofcontamination tract with a household income less than 80% should be addressed as a local issue before income. They also define a Severely becomes regional in nature. Addressing Disadvantaged Census' Tract as a census tract such issues early not only protects water withalouseholdincome lesst than60%0 ofthe supply the community living in the area of California State median household income. contamination, itlalso provides cost savings In 2007 the California median household by avoiding cost of regional clean up income was $58,361 as reported by the U.S. efforts. Similar issues arise in areas where Census Bureau. Approximately 69% of the groundwaterand surface watersareimpacted cities/communities within the Watershed by leaking septic systems located in some are therefore considered disadvantaged or high density, lower income communities  unknown by more affluent communities.  First, direct community impacts from groundwater contamination from industrial  of the California State median household  contaminant plumes spread and the issue  contain disadvantaged communities.  where,s sewers services are: notavailable. Here  d  2007*  Santa Anal River' Watershed: Disadvantaged Communities and Plumes  14    One Water One Watershed  again, regional water quality issues can be The Committee was convened by the avoided through implementation of projects SAWPA Commission, and included Some lower income areas of the Watershed who serve as Convener andyice-Convener, are served by small water companies lacking three County Supervisors - one from each resources to upgrade infrastructure and county; three mayors - from large cities provide up-to-date treatment technologies in each county; a business representative for waste. In these areas the community from the development community, and lacks the resources and, in some cases, the a representative from the environmental expertisetoupgrade systems. Disadvantaged community. A list of Steering Committee areas located within larger districts with mémbers can be found here.  to correct an environmental justice issue.  two representatives from the SAWPA Commission representing water agencies  greater resources are not impacted in this  way.  The Steering Committee's role is to serve as the developerofIRWM goals and objectives  Finally, communication continues to: be for the Watershed; and to act as the oversight an environmental justice issue. Language body that performs strategic decision barriers and a reliance on "word of mouth" making, crafts and adopts programmatic communications limit communication suites of project recommendations, and avenues available to provide reliable, factual provides program advocacy necessary to information to a community. Inaddition, the optimize water resource protection for all.  lowereducatonaleveloflie-ommuniycan result in difficulty interpreting thetechnical information needed to make informed decisions about water. Unfortunately, this issue has resulted in limited involvement from these communities in public discourse and in some cases, resulted in serious misinterpretation ofinformation provided to  The Steering Committee developed the following working goals and objectives for the OWOW process. Provide Reliable Water Supply Preserve and Enhance the Environment Promote Sustainable Water Solutions Ensure High Quality Water Provide Economically Effective Solutions Improve Regional Integration and Coordination Usel Rainfall as al Resource Provide Recreational Opportunities Maintain Quality ofLife  the community.  Steering Committee  Guidance  The next level of governance up from the foundation of the pillars was the OWOW Steering Committee. The Steering Committee consisted of ten representatives from across the Santa. Ana River Watershed.  15    One Waterone Watershed  Forward  that deal with water has often moved these project types to the backburner. Efforts primarily have focused on single purpose  Moving  As is likely to occur within any watershed, projects, and the additional effort required the sometimes conflicting goals or priorities to develop multi-objective solutions have of various watershed agencies can hinder made true multi-benefit projects relatively progress. Withint the Watershedthereareover uncommon. In California, there has been an 100 large and small water districts, local, effort to incentivize collaborative planning regional, state and federal agencies, and through IRWM Planning and associated public/private stakeholder groups. SAWPA funding sources. Moving into the future recognizes that all of these stakeholders tor meet increasing water demands in this have their own valid interests in ensuring region, funding opportunities will arise for there is sufficient clean reliable water in the the implementation of projects to achieve Watershed, and SAWPA takes the initiative watershed dhaly,Onmbsetmang to keep all of these groups working together opportunities are directed to a specific As such, OWOW strives for a collaborative importance or priority in the Watershed as approach to bring together the planning viewed by the water stakeholders may not community, including both public and be the first that is funded. Some funding private sector planners, to advance the opportunities have specific requirements benefits of planning on a watershed scale directed to specific needs. Consequently, and integrating watershed thinking into the the region will need to remain flexible in everyday planning process. Working with pursuing funding when it becomes available varied interests and agendas, this watershed keeping the larger picture of a sustainable, planningprocess. has openedthe doors tostill drought proofed, salt balanced region that greater partnerships, funding opportunities, supports economic and environmental connectivity, and increased awareness of vitality as the long term goal. the city next door and in the community on Residents ofthe Santa. Ana River Watershed With the development of integrated are a number of planning efforts that are watershed planning, multi-benefit, multi- important to incorporate when addressing purpose projects have moved to the water issues within Watershed. Several forefront and have become one of the planning initiatives at the State or southern primary goals of the OWOW process. The California level have the potential to provide idea of meeting a number of community guidance in planning at the watershed level. needs with a single project is not new; There also have been a number of planning however, specialization within agencies efforts undertaken at thes sub-watershed level  to solve the watershed's issues.  resource management strategy or policy issue so] projectsthat may rank ofthe highest  planning projects and opportunities both in the other side of the Watershed.  are fortunate to have a long history of innovative water planning. Currently, there  16    One Water One Watershed  quality solutions proposed are overly complex and dependent on transfers of water from one region to another. These water solutions tend to be energy intensive and require large Clearly substantial investment is needed in expanding our water infrastructure, but viewing water for its value to our region and economy will focus efforts and energies into water conservation and water use efficiency, a rapid, cost effective means of providing reliable water supplyand reducing the water quality impactsofrun-offiom: overwatering. Valuing water for its true value to our society will require the development of a new "water ethic". The development of this ethic will be probably the most difficult of the action areas suggested the OwOW will produce available water quickly and without the construction of large infrastructure projects.  Benefits afMuli-Purpose. Projects Water use efficiency projects increase waters supply Integrated flood management projects alsos supply groundwater recharge andj provide Surface storage provides opportunities for local Improving water quality of"tainted" local supplies Wetland habitat provides enhanced water quality that provide a focused picture oflocal issues that can only be developed in this type of sub-regional plan. On the watershed scale, it becomes important to incorporate these lessons into the broader context to identify areas for collaboration and to ensure, that local community interests are: met. The OWOW planning process was intended to be problem focused with. a goal of developing linkages across the region's varied geography and across the numerous disciplines that have an interest in water. Ralherlhanfocusonprocctsfiyitestering Committee suggestedaplanning process that focused on the value of water to the region, then on how that water is managed, and finally, specific projects would be identified. where action is needed: the development of awater ethic; ai more collaborative approach to water management;, and the construction ofsustainable water infrastructure. Value Water Differently  reliability  capital investment.  recreation increases reliability  by  but it is also the one that  process,  The process identified three broad areas Work in a collaborative manner  Water is often described as to its sourceoritsuse.Thereisgroundwater, stormwater, rainwater, surface water, nuisance water, environmental water, and many others. Classifying water by use or type does not identify potential linkages with others interested in the same resource. Managing a resource for one purpose results in additional  The value of water to our region and its economy is not well in the price paid by the end user. As a result, many water supply and  reflected  interested  costs for those  in the same  17    One Water One Watershed  resource. Working collaboratively does more than reduce controversy  Strategies to Reach  and litigation costs. As most involved Goals and Objectives in water management are publically After the completion of the current supported, a collaborative process conditions analyses by the individual that results in multifunction, multi- pillars, the Pillar Leaders began to develop benefit projects will ultimately reduce specific strategies to implement the goals cost to the taxpayer and increase the and objectives set forth by the OWOW  efficiency oflocal agencies. Build sustainable infrastructure  Steering Committee. They considered the specific goals and objectives, as well as the practical limitations imposed on their pillar, as well as other pillars. The purpose  A growing population needs more was to propose specific strategies that were infrastructure to support its needs. readilyir implemented in the Santa. Ana River In addition, a population interested Watershed and would provide benefit to all in developing a new water ethic water interests. A strategy serving only one  needs new infrastructure to support that ethic. From water use efficiency tools available to the individual to water recycling infrastructure, it will be necessary to continue to provide quality infrastructure to the residents of the Santa Ana River Watershed. The American Society of Civil Engineers hasnoted that spending on infrastructure has not kept pace with ourg population growth.Asth ther region's population grows, it is important to provide infrastructure that supports that population growth. Along with accommodating growth, the residents ofthe Watershedinctreasingy demand an infrastructure system that also is economically and environmentally sustainable. Providing this level of infrastructure requires more planning and more careful project  The strategies developed for the Watershed are as follows: Increase storage. Reduce demand. Value water differently. Desalt groundwater. Develop risk-based water qualityimprovement programs. Incorporate integrated water planning into General Plans. Maximize preservation and use ofr native plants. Manage public property for more than one use. Recycle water. Consider stormwater as water supply. Create watershed governance. Implement watershed-wide education programs. These are further discussed in the Summary and Next Steps Chapter.  implementation  18    One Water One Watershed  water interest group was not considered, as The process is not complete. All good plans the Pillar Leaders reached a consensus that require constant refinement and this one isno strategies or projects providing a regional different. Over the years, the SAWPA IWP benefit needed to provide benefit to more has provided a unique 30,000 foot elevation  than one water interest group. Conclusions  view ofour Watershed, SO we may better see how the more detailed plans, programs and projects are linked together. OWOW will continue to require refinement and the input from all in our region. As funding becomes available, we - will position the Watershed we require. Working as a region, we can maintain our quality of life for a growing  Four times in recent years, the Santa Ana to build the sustainable infrastructure have all looked at the Santa Ana River population, protect our remarkable natural Watershed as a single region. These plans resources, and ensure safe, reliable water: for  Watershed ProjectA Authority has completed an Integrated Watershed Plan. The plans  were intended to identify common problems all residents. and develop regional solutions. With each: iteration, the process was broadened and the voices oft more stakeholders were added. We'vel learned about howthe waterresources in the Watershed are linked, and how our success depends on careful planning that The OWOW program, is a departure from our previous planning efforts. In this phase, the planning.was driven from the ground up. The stakeholders. in our water future, all of usi inthe Watershed, werea askedtoroll up our sleeves and identify the resources; problems and opportunities in this region. Led by an innovative Steering Committee, we enlisted the aid of ten volunteer pillar leaders, local experts on a particular aspect of water. The pillar leaders organized group meetings, led discussions, and produced reports that begin to lay the groundwork of our regional water future. The pillar leaders have developed strategies to reach those common goals  properly values water.  identified in the process.  19    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 11.  CONSENT CALENDAR ITEM Meeting Date: April 8, 2009  April 22, 2009  TO: FROM:  Council Members  Michael Kashiwagi, Development Services  SUBJECT: Consider amending Ordinance 824, adjusting the Western Riverside  County Transportation Uniform Mitigation Fee ("TUMF") applicable to all  developments in the City of Wildomar  STAFF REPORT  RECOMMENDATION:  Hold second reading and adopt an amendment to Ordinance 824 adjusting the Transportation Uniform Mitigation Fee (TUMF) applicable to all development in the City  ofWildomar. BACKGROUND:  In2 2002, the Western Riverside Council of Governments (WRCOG) adopted the Transportation Uniform Mitigation Fee (TUMF) Program pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act. The TUMF Program was created in response to the significant growth of new development in Riverside County. Faced with inadequate funding to improve the regional transportation system to accommodate new development, the member agencies of WRCOG developed the TUMF as a solution. The County of Riverside adopted the TUMF Program on December 10, 2002 and last amended Ordinance 824 On August 27, 2008, the City of Wildomar adopted the County Ordinances, including Ordinance 824 (and its amendments) which authorizes participation in the Western Riverside County Transportation Uniform Mitigation Fee Program, hereinafter referred Section 4.C oft the TUMF Ordinance authorizes periodic review and adjustment to the applicable TUMF fees in accordance with any adjustments made by the WRCOG Executive Committee. On February 2, 2009, the WRCOG Executive Committee approved an adjustment of the TUMF in light of recent decreases in the cost of constructing the regional transportation system. This adjustment was based on decreases to the Construction Cost Index ("CCI") which WRCOG has determined to be  with Ordinance 824.5 on July 1, 2008.  to as the TUMF Ordinance.  1    Meeting Date: April 8, 2009  an accurate reflection of the cost of constructing the regional transportation system The proposed Ordinance amendment to Ordinance 824 incorporates these adjustments into the TUMF fee schedule contained in Section 4.A of Ordinance 824. Overall, the proposed amendment to Ordinance 824 will maintain the integrity of the TUMF Program by ensuring that there is sufficient funding to construct the regional improvements  which was identified in the TUMF Nexus Study.  necessitated by new development.  SCHEDULE  April 8, 2009 - First Reading to amend Ordinance 824.  April 22, 2009 - Second Reading to amend Ordinance 824. Ordinance takes into effect  60 days after adoption. FISCAL IMPACT  The proposed resolution amending the applicable TUMF applicable to all developments int the City of Wildomar will decrease the TUMF fee in order to accurately reflect the current cost of constructing the regional transportation improvement authorized by the  TUMF Program.  ENVIRONMENTAL ANALYSIS  The proposed resolution amending the applicable TUMF Fee applicable to all developments in the City of Wildomar is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines.  Submitted by: Michael Development Services A Attachment:  Approved byy I  Nntérim City Manager  1. City of Wildomar Ordinance No. 24  2    1 2 4 5 6 8 9 10 11 12 13 14 15 16 18 19 20 21 ATTEST: 22 24 26 27 Julie Biggs City Attorney 28  ORDINANCE NO.24  AN ORDINANCE OF THE CITY OF WILDOMAR  AMENDING CITY ORDINANCE NO. 824AUTHORIZINGPARTICIPATION IN THE  3 WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM  The City Council oft the City of Wildomar ordains as follows:  Section 1. Subsection A. of Section 4. ofOrdinance! No. 824 is amended, in its entirety, to  7 read as follows:  "A. Adoption OfTUMF Fee Schedule. The following TUMF fee schedulei is hereby  adopted:  (1)$9,812.00 per single family residential unit (2)$6,890.00 per multi-family residential unit (3)$1.84 per square foot of an industrial project (4) $9.99 per square foot ofar retail commercial project (5)$5.71 per square foot ofa service commercial project (6) $2.19 per square foot ofa service Class A or B office project"  Section 2. This ordinance shall take effect sixty (60) days after its adoption.  INTRODUCED: April 8, 2009 17 ADOPTED: April 22,2009  By:  Scott Farnam Mayor  23 Sheryll Schroeder City Clerk  25 APPROVED ASTOFORM:    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 1J.  CONSENT CALENDAR ITEM Meeting Date: April 22, 2009  TO: FROM:  Mayor and Members of the City Council Gary Nordquist, Director of Finance  SUBJECT: Approval of Agreement for Audit Services  STAFF REPORT  RECOMENDATION:  Enter into contract with Lance, Soll, and Lunghard, LLP to provide for audit services and preparation of required reports for fiscal years 2008-09, 2009-10, 2010-11.  BACKGROUNDIDISCUSSION:  On the week of February 9, 2009 the Request for Proposals for auditing services were distributed to eight accounting firms and advertised on the California Society of Municipal Finance Officers Association (CSMFO) website. On February 27, 2009, the proposals were due to the City and 5 proposals were received. On March 25, 2009, the top 2 firms were interviewed and Lance, Soll & Lunghard, LLP were selected as the lowest qualified bidder. Lance, Soll & Lunghard is a regional certified public accounting firm specializing in municipal auditing and accounting. The firm performs audits of nearly 50 cities in Southern California, including neighboring cities such as Canyon Lake, Murrieta, and Temecula. The firm also has experience with newly incorporated cities (at the time), City of Walnut and City of Murrieta. Lance, Soll & Lunghard will be responsible in performing an annual audit of all funds and financial statements of the City and preparing the City's Comprehensive Annual Financial Report (CAFR). They will also be performing an "agreed upon procedures" on the City's Appropriations Limit calculations and rendering a letter regarding the City's compliance. The audit firm may issue a separate management letter containing recommendations for improvements to internal control, accounting procedures and other significant observations that are considered to be non-reportable conditions. Lance, Soll & Lunghard, LLP will also prepare the annual State Controller's Reports and annual Street Reports on behalf of the City. As deemed necessary per the guidelines of OMB Circular A-133, the audit firm will perform a single audit procedures on the expenditures of federal grants and render the appropriate audit  report.  1    FISCAL IMPACTS: FY2008-09 FY2009-10 FY2010-11  The cost of the audit per fiscal year is within budget and is not to exceed:  $9,250 $9,528 $9,813  ALTERNATIVES: 1. Take no action  2. Provide staff with further direction.  Submitted by:  Approved by: A&  Gary Nordquist Fipance Director  Manager gity  2    CITY OF WILDOMAR - COUNCIL CONSENT CALENDAR ITEM Meeting Date: April 22, 2009  Agenda Item 1 K.  TO: FROM:  Honorable Mayor Farnam, Members of the City Council Michael Kashiwagi, Development Services  SUBJECT: Support Riverside County Transportation Commission's three  high priority corridors for the next federal transportation  authorization bill.  STAFF REPORT  RECOMMENDATION:  Authorize the Mayor to execute a letter of support to RCTC  Government Relations Manager, supporting RCTC's priority corridor projects: Alameda corridor East (railroad grade separations throughout Riverside County),  Interstate 215 and Interstate 10. BACKGROUND:  Int the coming months, the United States House of Representatives will consider new legislation to authorize the next era of transportation policy and funding. A Riverside County unified voice in Washington gives the County a strategic advantage over other counties in Southern California and other parts of the country. RCTC has appraised the many transportation needs of the region with the standards set by the House Transportation and Infrastructure Committee. Based on the criteria, the RCTC unanimously adopted three high priority corridors for the next federal transportation authorization bill. The three  high priority corridors are:  Alameda corridor East (railroad grade separations throughout Riverside  County), Interstate 215 Interstate 10.  The Commission is fully aware that the needs of Riverside County far exceed the three corridors. In selecting the priority corridors, the Commission emphasized corridors that had a clear federal nexus, regional benefits, and could be delivered  within the 6-year timeframe of the proposed legislation.  1    The bill will include language for federal formula programs that will spend billions of infrastructure dollars across the country over the next 6 years. The RCTC is taking a strategic and assertive posture in Washington for the entire region and the County must advocate in unison for programs that give Riverside County  their deserved share of funding. FISCAL IMPACT: None.  ALTERNATIVES: 1, Take no action  2.  Provide staff with further direction  ATTACHMENTS:  Riverside County Transportation Commission Staff Report of April 8, 2009  Submitted by: A  Approved by: B  Kashiwagi Development Services  Manager  2    URGENCY ITEM  RIVERSIDE COUNTY TRANSPORTATION COMMISSION  DATE: TO: FROM: THROUGH: SUBJECT:  April 8, 2009  Riverside County Transportation Commission Federal Authorization Legislative Ad Hoc Committee Aaron Hake, Government Relations Manager Anne Mayer, Executive Director Priority Projects for the New Authorization Bill  FEDERAL AUTHORIZATION LEGISLAT/VE AD HOC COMMITTEE AND  STAFF RECOMMENDATION: This item is for the Commission to:  1) Adopt High Priority Projects for Federal Authorization: b) Interstate 215 Corridor Improvements; and c) Interstate 10 Corridor Improvements;  a) Alameda Corridor East Grade Separations in Riverside County;  2) Direct staff to work cooperatively with Coachella Valley Association of Governments and San Bernardino Associated Governments on High Priority 3) Direct staff to work cooperatively to support Riverside Transit Agency and  Project requests; and  SunLine Transit Agency on those agencies' project requests.  BACKGROUND INFORMATION:  The House Transportation and Infrastructure (T&I) Committee is in the midst of writing language for the next federal transportation authorization bill. The Committee's chairman, Rep. Jim Oberstar (D-MN), has stated that he intends to introduce the bill by May 15. He has further stated that he intends to markup the bill in the T&l Committee in late May and consider the bill on the House floor in June. This timeline began to emerge in early March, shortly following the enactment of the American Recovery and Reinvestment Act (ARRA) or "stimulus" bill. Until then, many in Washington, DC, questioned whether ARRA's infrastructure investment would lessen political pressure to pass a new transportation authorization bill in 2009. Instead, it seems to have emboldened Chairs Oberstar and Boxer to move forward with legislation quickly (due to their perceived inadequate infrastructure investment in ARRA). Additionally, mixed- messages regarding the role of earmarks (now dubbed congressionally directed priorities") in the authorization bill have been sent by Congress and the Administration. However, it is now apparent that Congress intends to include  Member priority projects in the bill from the outset.  1    Given that the details of the House bill are now being constructed, the T&I Committee has officially asked Members of Congress to submit High Priority Project requests from their respective districts to the T&I Committee. Members have been given until May 8 to submit High Priority Projects. The Commission should soon be receiving calls for projects from the four Members who represent Riverside County. In anticipation of this call, staff has prepared a recommendation tot the Federal Authorization Legislative Ad Hoc Committee for the Commission to  sponsor a strategic suite of projects for the authorization bill.  Vetting Commission Priority Projects  At its August 2008 meeting, this ad hoc committee received recommendations from Commission federal lobbyists and staff regarding criteria for authorization projects. Having received no alternative suggestions from the ad hoc committee at that time, staff continues to recommend that projects sought by the Commission in  the next reauthorization shall:  Have a clear federal nexus; Be regional in nature; and  Be deliverable within the timeframe of the bill (before 2015-16)  Furthermore, the ad hoc committee discussed its desire to support corridors for improvement rather than individual projects. A regional corridor approach is consistent with recent policies by Senate and House Appropriations Committees and Senator Feinstein. As the Commission discussed at its 2008 workshop in La Quinta with its three federal lobbyists, staff believes the Commission will benefit from maintaining a strategy that focuses on the highest regional priorities, despite the many requests that will be made by cities for smaller projects. Competition will be fierce for limited dollars; diluting the Commission's support for the multitudinous local projects nominated by cities will detract from a regional message that can set  Riverside County apart from others in California and the nation.  Congressional Criteria  In a letter dated April 2, 2009, Chairman Oberstar, Ranking Member Mica, and key committee members outlined their standards for High Priority Project requests. The letter is an attachment to this item. The basic points are outlined below:  For road projects, is the project on the national highway or interstate Can 80% of the total cost of the phase or segment of the project be identified through local, state, or federal sources? (Sources and amounts How likely is construction of the project to begin during the term of the Act?  system?  must be named).  Urgency Item  2    Isthe project explicitly supported by the state or local government agency? Isthe project of national or regional significance? What are the safety, economic development, mobility, and environmenta benefits associated with the completion of the project? What opportunity will the public have to comment on the project? Is the project in the region's long range state and/or federal transportation Members must certify that neither the Member nor his/her spouse has any Members are required to post requests for projects on the Member's website. Projects included in the bill will be posted on the Committee website, with all certifications and justifications provided to the Committee. Given these detailed principles set by the T&l Committee, staff recommends the Commission adopt three major corridors of national and regional significance as High Priority Projects: Alameda Corridor East and Interstates 215 and 10. Within each of these corridors are projects that are currently under development that increase their likelihood of being "shovel ready" within the term of the new  improvement plan? financial interest in the project.  authorization bill.  Alameda Corridor East Grade Separations in Riverside County Congressional Districts: 41-Lewis, 44-Calvert, 45-Bono Mack  The Commission has twice adopted a Grade Separation Funding Strategy, a one-of- a-kind document in Southern California that provides a blueprint for delivering the 20 highest-priority grade separations in Riverside County. There are 13 grade separations in this funding strategy that could be deliverable by 2016. The blueprint easily achieves the standards set by the T&I Committee for project justification. The blueprint demonstrates significant local funding commitments to all 13 projects. Grade separations have been a consistent congressional priority dating back to SAFETEA-LU, where Alameda Corridor East was identified as a Project of National and Regional Significance. Sponsoring this corridor as a High Priority Project also follows precedent set by the allocation of the Trade Corridor Improvement Fund (TCIF) from Proposition 1B, which was supported by the entire Southern California region. The Commission has been consistently supportive of grade separations on Alameda Corridor East as a countywide priority. Further, the Commission will continue to seek the creation of a national goods movement funding program that will address the local impacts of international  trade.  Urgency Item  3    Projects in the Commission's Grade Separation Funding Strategy that are  deliverable within the timeframe of the new authorization bill are:  Total Cost (million) $ 32.0 Yes $ 17.3 $ 60.0 Yes $ 33.5 Yes $ 32.0 Yes $ 51.2 Yes $ 36.5 Yes $ 40.2 Yes $ 37.4 Yes $ 81.8 Yes $ 30.3 Yes $ 36.8 Yes $ 108.4  Project  Lead Agency Corona Coachella County County Riverside Riverside Banning Riverside County County Riverside Riverside County  TCIF SAFETEA-LU  Auto Center Drive/BNSF Avenue 52/UP Avenue56/Airport Boulevard/UP Avenue 66/UP lowa Avenue/BNSF & UP Magnolia Avenue/UP Sunset Avenue/UP 3rd Street/BNSF & UP Clay Street/UP Magnolia Avenue/BNSF Riverside Avenue/UP Streeter Avenue/UP Jurupa Road/UP  Yes  Yes Yes Yes  TOTAL $ 597.4  The Commission would seek a federal share of approximately $365 million for these Alameda Corridor East projects. If approved by the ad hoc committee, staff would further refine the details of this request to make a competitive application to  our Member offices and the T&I Committee. Interstate 215 Corridor Improvements  Congressional Districts: 41-Lewis, 44-Calvert, 45-Bono Mack, 49-/ssa  Interstate 215 is a key corridor in the 2009 Measure A Expenditure Plan and is prioritized by the Commission in the 10-Year Western County Highway Delivery Plan. The California Transportation Commission (CTC) has also recognized I-215 as ap priority with a $38 million investment from the Proposition 1B Corridor Mobility Improvement Account (CMIA). The Commission is investing in transit along the corridor as well with the Perris Valley Line Metrolink Extension, a project that has received significant federal investment. This highway is regionally significant in its role as a link between Riverside and San Bernardino Counties. Last week, the Riverside County Board of Supervisors adopted a resolution declaring I-215 a bi-county regional priority. The San Bernardino Board of Supervisors will soon adopt the same resolution. The I-215 corridor presents an opportunity to demonstrate regional unity and address significant congestion and air quality Staff proposes that I-215 corridor improvements, consisting of three critical projects, be considered for a High Priority Project request to Congress.  challenges.  Urgency Item  4    French Valley Parkway  This new facility will play a critical role in improving infrastructure in southwest Riverside County and traffic flow near the Riverside/San Diego County border. This $122 million project received High Priority Project designation in SAFETEA-LU from Rep. Darrell Issa. State funds totaling $31.5 million have been placed on the project, designating French Valley Parkway as a regional priority. The authorization request would be approximately $55.2 million. Anticipated construction start is in  FY: 2010/11.  Central I-215 Project: Scott Road to Nuevo Road  This project will add one mixed flow lane addition in both the north and south bound directions of I-215 between Scott and Nuevo Road, approximately 12.9 miles. The project will include the widening of four existing bridges and the replacement of two bridges. The project will involve extensive drainage modifications/mprovements. This project will address some existing drainage problems and account for all new run off. Most work will be within the existing state right of way. The project is in the preliminary engineering and environmental clearance stage, with a projected construction start date in 2013. A total of This segment of I-215 will be a continuation of the widening to be done on from Scott Road to Murrieta Hot Springs Road. That segment is being funded by state  $170 million is needed for construction.  Proposition 1B funds.  I-215 Bi-County HOV Gap Closure Project  The Commission added this project to the 10-Year Measure A Delivery Plan in February 2009. This action will expedite a deliverable portion of the larger bi-county I-215 project that will cost upwards of $1.4 billion. The interim project includes the addition of one HOV lane between the newly completed 60/91/215 interchange and Orange Show Road in San Bernardino. The total project cost is expected to be $167.46 million. The Commission will be responsible for $35.72 million with SANBAG responsible for the balance. Caltrans and the Federal Highway Administration have given conceptual approval to deliver this project separately from the larger I-215 bi-county project with the understanding that it will Advocating for this project will require cooperation and coordination with SANBAG in Washington, DC. If staff's recommendation is approved, staff will proactively outreach to SANBAG to advance this project's standing in Washington, DC.  be given funding priority and delivered by 2014.  Urgency Item  5    As with Alameda Corridor East, staff recommends that I-215 be presented as a dynamic package of investments that are regional in nature with direct federal interest, emphasizing air quality improvement, mobility choices, and goods  movement benefits.  Perris Valley Line Remains a Priority for Annual Appropriations Cycle  Staff is not recommending that Perris Valley Line be included in the I-215 Corridor proposal for authorization. This project has been receiving federal funds from the annual appropriations bills passed by Congress. Perris Valley Line is eligible to receive a Project Construction Grant Agreement (PCGA) from the Federal Transit Administration, which would create an obligation for the federal government to fund the project up to $75 million. Annual appropriations from the Small Starts program sponsored by Senator Feinstein have set aside approximately $47 million for the project in the last two fiscal years. The Commission will continue to request appropriations for Perris Valley Line until the project has received its  maximum federal share of $75 million. 1-10 Corridor Improvements 41-Lewis, 45-Bono Mack  The Coachella Valley Association of Governments and their local agency partners in the desert have spent many years developing a series of five important interchange reconstructions on I-10. These interchanges have serious economic development, air quality, and congestion relief implications for the Coachella Valley. The free flow of people and commerce off of I-10 is critical to the future of the valley. A major obstacle to delivering these five interchanges has been securing funding in an environment where construction costs escalated globally and budget problems plagued the state and federal governments. The ARRA presented an opportunity for a breakthrough. At its March meeting, the Commission designated the Palm Drive/l-10 and Bob Hope Drive/Ramon Road/l-10 interchanges as priorities for Once these two "stimulus" projects go to construction, there will be three remaining I-10 interchanges to build: Indian Avenue/l-10, Jefferson Street/l-10, and Date Palm Drive/l-10. Assuming timely enactment of the new authorization bill, all three projects could stand to benefit from new federal funding. While local and state commitments have been made to fully fund the projects once they are ready to go to construction, downturns in state and local revenue present potential future obstacles. Staff recommends that the Commission maintain a corridor approach on I-10 and request at least $110 million for all five interchanges to guarantee delivery of these projects once pre-construction work is completed.  investment using the Commission's anticipated ARRA funds.  Urgency Item  6    Staff has been in communication with CVAG regarding these interchanges and their potential for federal authorization funding. If this priority designation is approved by the ad hoc committee, staff will continue to work with CVAG in preparing a  strong and detailed application to our Member offices.  Transit  Riverside Transit Agency and SunLine Transit Agency will also be asked to prepare requests for High Priority Projects. Staff recommends that the Commission work cooperatively with these operators to develop strong requests for their priority projects. Based on the structure of previous authorization bills, transit projects should not compete with the Commission's highway and grade separation priorities. It is not yet known what priorities the two operators will endorse, however the Commission can work cooperatively to ensure that the transportation community in Riverside County presents a strong package to Congress.  Next Steps  At the direction of the ad hoc committee, staff will begin preparing documentation to support each High Priority Project request. Staff requests approval of this three- corridor concept and the projects within those corridors, as well as direction to work with regional partner agencies in the development of a coordinated advocacy Due to the deadlines provided by the T&I Committee, time will be of the essence. The May 8 deadline for Members to submit project requests to T&I likely means that Members will ask the Commission to submit its projects for review one or two weeks ahead of the May 8 deadline. Given that these instructions were given last week, it does not provide for a normal course for full Commission consideration before the May 8 deadline. The ad hoc committee's recommendation will be taken to the full Commission. Commission staff and lobbyists are prepared to move As the introductory paragraph to this staff report indicates, the timing of authorization activities has been a constant question since federal economic stimulus legislation began to be contemplated late last year. Despite Chairman Oberstar's assertions that the House will move quickly to pass a new bill, it is not yêt known what Speaker Pelosi's disposition is and few details about the Senate's calendar (other than Senator Boxer's pledge to do a bill on-time) are known.  strategy.  quickly at the direction of the ad hoc committee.  Urgency Item  7    Ultimately, the goal of approving a Commission-sponsored suite of projects and including them in the House bill is to establish a precedent in thé public record that Riverside County infrastructure is a national and regional priority. While the timing of the legislation may change several times, staff recommends that Commission  projects be part of the initial draft. 1) Letter from Chairman Oberstar 2) T&I Committee Project Questionnaire  Attachments:  Urgency Item  8    CITY OFWILDOMAR-CITY COUNCIL Agenda Item 34 A. General Business Item Meeting Date: April 22, 2009  TO: FROM:  Mayor and City Council  Terry L. Fitzwater, Assistant City Manager  SUBJECT: Headcount. Additions  AGENDATITLE: Hiring ofCity Manager and City Clerk  RECOMMIENDATION:  Staff recommends the City Council oft the City of Wildomar direct staff to hire for the positions of City Manager and City Clerk and to adopt the attached proposed  salary ranges.  BACKGROUNDI INFORMATION:  The City of Wildomar, with its July 1, 2008 incorporation will require a limited number of full-time staff as it continues its evolution and growth. Of paramount importance is the selection of a City Manager and a City Clerk who will work closely with and support the City Council and its goals and objectives.  DISCUSSION:  The positions of City Manager and City Clerk form a critical nucleus from which the city can continue its drive toward becoming a stand-alone city. The positions will have specific duties to execute, as outlined in the attached job descriptions.  Briefly, they are as follows: City Manager:  The City Manager will act as the city's chief executive officer. The position will provide support and will work closely with and report to the City Council. The City Manager will plan, direct, and manage all operations and employees assigned to the departments of, but not limited to, administrative services and the functions ofH human resources, accounting and finance, risk management, city  clerk, public works, planning and public safety.    City Clerk:  The City Clerk reports to and receives direction from the City Manager. The clerk will perform a variety of complex and highly specialized administrative support to the City Council and City Manager. Responsibilities include but are not limited to the recording, preparing and maintenance of all Council legislative actions, serving as the City's Election Official and managing compliance with the Political  Reform Act. Salary Range:  Many factors contribute to a salary range including (1) What the city can afford to pay (2) What other cities are paying in the region and the state and the (3) size and complexity of the city. The attached surveys show an average City Manager salary as 209,516 and an average City Clerk salary range at 80,111-97,545 Based upon these factors and the information presented in attachments staff  recommends the following ranges:  City Manager City Clerk  170,000-5212,500 $73,000-$98,550  FISCAL IMPACT:  The City will also need to consider a relocation package if required and a car allowance for the city manager to $500 a month. Both will be negotiated, if required, and $25,000 set aside to cover the relocation possibility. AJune hiring date would impact the current budget by $53,597. The first year's budget impact would be approximately $355,100 in salary and benefits and would increase in subsequent years with expected merit raises, changes in benefits etc.  ATTACHMENTS:  1. - Exhibit I-Job Description-City Manager 2. Exhibit II-Job Description-City Clerk 3. Exhibit III-Salary Survey-City Managers 4. Exhibit IV-Salary Survey-City Clerk    Exhibit!  The City of Wildomar CLASSIFICATION DESCRIPTION  Class Title: City Manager  Department: City Council  Effective:  April 22, 2009  Date:  GENERAL PURPOSE  The City Manager reports to and serves at the pleasure of the City Council. The position serves as the Chief Executive Officer of the city and provides leadership and direction to all functional areas/departments of the City to include, human resources, accounting and finance, risk management, contract compliance, planning, public works and public safety. The City Manager will provide highly  responsible and complex support to the City Council. ESSENTIAL DUTIES AND RESPONSIBILITES  (The following is used as a partial description and is not restrictive to duties required.) The City Manager is charged with the responsibility for the mplementation and interpretation of city-wide policies and procedures while ensuring that the goals and objectives set forth by the City Council are accomplished. Makes oral and written presentations to the City Council and represents the City to the region at various public and governmental events. Ensures that all departments within the City have adequate resources through sound fiscal planning and expenditure to The City Manager prepares and recommends long-range operational and fiscal plans for City services and programs; develops specific proposals for action on current City needs. Must work closely with the Mayor, City Council, boards and commissions, a variety of public and private organizations, and citizen groups in implementing programs and projects to resolve identified problems/issues to  maintain high levels of community service.  ensure the long-term success of the city. EMPLOYMENT STANDARDS Knowledge of:  Principles and practices of all aspects of city management, with exceptionally strong leadership collaborative skills and abilities; administrative principles and methods, including developing and implementing goals, objectives, policies, procedures, work standards, and internal controls. Sound and effective resolution techniques for complex technical and employee related issues,  Page 1of2  City Manager    evaluating alternative solutions and adopting effective courses of action. Strong understanding of technical disciplines, procedures and applicable City, State and Federal laws affecting the administration of the above specialized areas.  Ability to:  Work collaboratively across all City departments and disciplines. Must have superior team and consensus building skills as well as communication skills.  DESIRED MINIMUM QUALIFICATIONS Education and Experience  Graduation from an accredited four-year college or university with a (4)-year degree inp public administration, business administration or related field. Master's Degree is preferred and ten (10) years of demonstrated leadership experience in a highly visible management or leadership position; or any equivalent combination of education and experience that would likely provide the required knowledge and  abilities.  Special Requirements driving record.  Must possess and maintain a valid California driver's license and acceptable  TOOLS AND EQUIPMENT USED  Personal computer including word processing and Excel spreadsheet software; 10-key calculator; telephone; email; copy machine; fax machine and other office  devices that the City may provide or acquire in the future.  PHYSICAL DEMANDS  Level A 1: Basically, an indoor desk job. The job may require traveling by car. Physical demands include occasional lifting up to 25 pounds, walking, some bending, stooping and squatting. Environment is generally clean with limited  exposure to conditions such as dust, fumes, odors, or noise  Approval:  Human Resources Manager  Page 20 of2  City Manager    Exhibit II  The City of Wildomar CLASSIFICATION DESCRIPTION  Class Title: City Clerk Effective: April 22, 2009 GENERAL PURPOSE  Department: City Manager  Revised:  The City Clerk reports to the City Manager to serve as the principal administrative officer for the Office of the City Clerk. The City Clerk is responsible for performing the functions and duties assigned by the laws of the State of California, ordinances and resolutions enacted by the City Council and to perform such other duties and functions  as the City Manager assigns.  ESSENTIAL DUTIES AND RESPONSIBILITIES  (The following is used as a partial description andi is not restrictive to duties required.)  Assumes full management responsibility for all City Clerk's Office services and activities; attends regular and special City Council meetings and oversees or performs an accurate recording of the proceedings; codifies and maintains the Wildomar Municipal Code; oversees indexing and filing of City records; coordinates and administers municipal elections in conjunction with the County Registrar of Voters; manages the receipt and processing of petitions relating to initiatives, recalls and referendums; administers and directs the posting, mailing and publication of legally required notices and public hearings; responsible for the preparation and distribution of agendas, materials, minutes, and records of meetings; administers the provisions of the Brown Act, Political Reform Act, and Public Records Act; maintains custody of the official City Seal and safeguards official records and archives of the City including ordinances, resolutions, contracts, deeds, and minutes; facilitates the recordation of such documents as required; administers and files oaths of office; serves as Filing Officer and Filing Official for required disclosures under the Political Reform Act; prepares and presents staff reports and other necessary correspondence; manages the records program, develops, directs, and manages department budget; forecasts funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures; assesses and monitors workload distribution and support systems; selects, trains, motivates and evaluates department personnel; establishes department goals, objectives, policies and priorities; provides technical and administrative assistance to members of the City Council as directed; responds to citizen inquiries and resolves difficult and sensitive complaints; receives official appeals, filings, and claims against the City; provides notary and attestation service for official records; performs  other or related duties as assigned.  1of3  City Clerk    EMPLOYMENT STANDARDS Knowledge of:  Applicable Federal, State, and municipal laws, codes and regulations, such as the Brown Act, Public Records Act, Americans with Disabilities Act, Political Reform Act, California Elections Code, and Wildomar Municipal Code; municipal government structure and organization of council/manager form of government; parliamentary procedures; principles and practices of municipal budget preparation and administration; modern and complex principles and practices of City Clerk services program development and administration; effective management and supervision; principles and practices of planning, organizing, assigning, directing, reviewing, and evaluating departmental staff activities; selecting, motivating, and evaluating staff and providing for their training and professional development;, municipal records management; principles, methods and trends of public and business administration including research techniques, report writing, presentations, statistical concepts,  communication technology, and project management.  Ability to:  Research, analyze, and evaluate service delivery methods, procedures and techniques; comprehend and implement complex and comprehensive laws and regulations; ensure compliance with Federal, State and municipal laws, rules, regulations, policies, procedures, and requirements related to the functions of the City Clerk; prepare and present staff reports, conduct research and perform analysis for special projects; administer the records management program, including receipt and maintenance of official City documents and records, electronic imaging, and developing and carrying out the Records Retention Schedule; maintain current and past legislative history of City Council actions and provide research and reference services to the public and City staff; select, plan, organize, assign, direct, review, and evaluate departmental staff and provide for their training and professional development; appropriately delegate authority and responsibility; exhibit excellent management skills and demonstrate success at motivating staff and maximizing productivity; establish and maintain cooperative working relationships with elected officials, department heads, outside agencies, and the general public, gain cooperation through collaboration and discussion; identify and respond to community and City Council issues, concerns, and needs providing equal service to all; maintain neutrality and be politically astute, capable of making impartial professional recommendations within a political environment; work under pressure and time constraints; remain poised and controlled when challenged; be flexible, unbiased and have a strong sense of professional ethics; maintain confidentiality of sensitive information; communicate clearly and concisely, verbally and in writing; plan, organize, and facilitate meetings; work long and varied hours, including evenings and/or  weekends, if required.  DESIRED MINIMUM QUALIFICATIONS  Any combination of education and experience that would provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities  would be: 1of3  City Clerk    Education and Experience Experience:  Five (5) years of progressively responsible work in a public administration environment, or related field, including professional-level experience in records management, and at  least two (3) years of supervisory responsibility.  Education:  Equivalent to a Bachelor's Degree from an accredited college or university with major  course work in public administration, or a closely related field.  Special Requirements commission within one year.  Possession of Notary Public commission at time of appointment, or ability to obtain Possession of Certified Municipal Clerk (CMC) designation by the International Institute of Municipal Clerks and/or Certified Records Manager designation from the Association Possession of a valid California Class C Driver's License at the time of appointment.  of Records Managers and Administrators (ARMA) are both desirable.  Must be willing to attend meetings outside of normal working hours.  TOOLS AND EQUIPMENT USED  Personal computer including word-processing, spreadsheet, and data software; motor vehicle; telephone; mobile communication equipment; fax machines; scanners and  copiers.  PHYSICAL DEMANDS  Work indoors in an office environment; sit at a desk or in meetings for long periods of time; occasional lifting up to 25 pounds, walking, some bending, stooping, and squatting; may travel to various City and other public agency locations in vehicle; may be exposed to dust, noise, machinery, moving objects or other vehicles in the  performance of assigned duties.  Approval:  Human Resources Manager  1of3  City Clerk    Exhibit I--RIVERSIDE COUNTY CITY MANAGERS 3/23/2009  CITY 1Indio 2Temecula 3Palm Springs 4Moreno Valley 5Riverside 6Indian Wells 7La Quinta 8Rancho Mirage 9Corona 10Hemet 11Desert Hot Springs 12Palm Desert 13San. Jacinto 14Murrieta 15_Lake Elsinore 16/Beaumont 17Wildomar 18Banning 19Coachella 20Blythe 21 Menifee 22/Calimesa 23Perris 24/Cathedral City 25Canyon Lake 26Norco  SALARY POP. $309,375 77,146 $277,524 97,935 $270,000 46,858 $269,301 180,466 $265,000 291,398 $262,500 $240,000 41,092 $234,115 16,944 $233,723 146,164 $230,000 71,705 $217,000 23,544 $215,000 49,752 $210,000 34,345 $210,000 97,257 $185,000 47,634 $180,000 28,250 $180,000 27,000 $179,000 28,272 $175,000 38,486 $175,000 22,625 $175,000 $159,075 $155,000 50,663 $152,462 52,115 $150,000 10,969 $138,365 27,361  4,942  7,414  Average = $209,516    Exhibit IV--RIVERSIDE COUNTY CITY CLERKS  3/23/2009 POP. 77,146 97,935 46,858 180,466 291,398 4,942 41,092 16,944 146,164 71,705 23,544 49,752 34,345] 97,257 47,634 28,250 30,000 28,272 38,486 22,625 7,414 50,663 52,115 10,969 27,361]  CITY 1Indio 2Temecula 3Palm Springs 4Moreno Valley 5Riverside 6Indian' Wells 7La Quinta 9Corona 10Hemet (E) 12/Palm Desert 13San Jacinto 14Murrieta 15Lake Elsinore 16Beaumont (E) 17Wildomar 18Banning (E) 19Coachella (E) 20Blythe 21Menifee 22/Calimesa 23Perris 24Cathedral City 25/Canyon Lake 26Norco Average Low Average High  Salary Range 99,264-133,032 97,021-124,174 101,628-123,852 90,943-144,843 135,120 CMi is clerk 99,732-121,236 92,892-113,400 50,328-64,236 103,729-142,313 58,867-71-553 89,876-109,262 68,000 72,060-92,244 50hr. 40,639-54,983 PT Elected 600 mo no yet decided 55,602-70,963 57,456-69,840 58,906-71,601 73,000 64,344-78,216 80,111 97,545  8Rancho Mirage 109,668 11Desert Hot Springs 63,275-76,912    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 3B.  GENERAL BUSINESS ITEM Meeting Date: April 22, 2009  TO: FROM:  Honorable Mayor and City Council Members Gary Nordquist, Finance Director  SUBJECT: Purchasing Ordinance  STAFF REPORT  RECOMMENDATION:  That the City Council review and consider for adoption the attached ordinance  providing purchasing procedures for the City. BACKGROUND/ANALYSIS:  Since incorporation, the City has been using the County of Riverside's Purchasing Ordinance (Chapter 2.92 of the Riverside County Code) as the Purchasing Ordinance for the City. After encountering several situations relating to the mplementation of the County's ordinance in the City, City staff requested that the City Attorney's Office prepare a Purchasing Ordinance for the City tailored to the City's  needs.  The attached Purchasing Ordinance will add three new chapters to the Wildomar Municipal Code. Chapter 3.06 will deal with the purchase of supplies and equipment, Chapter 3.07 with professional and consulting services, and Chapter 3.08 with public projects. Each chapter contains detailed procedures for the procurement of the goods and services regulated by that chapter. In general, the procedures required by the ordinance for a particular contract will depend on the dollar amount of the contract. All contracts for $50,000 or more must be approved by the City Council after formal competitive bidding has been completed. Contracts for lesser amounts may be approved by the City Manager with informal bidding procedures being required. For contracts of $1,000 to $9,999, three verbal quotations are required; for contracts of $10,000 to $50,000, three written quotations are required. Exceptions are made for emergency circumstances. For purchases of supplies and equipment, reasonable  preference is given to local businesses.  Furthermore, the chapter on professional and consulting contracts differs from the County ordinance in that it allows the City to consider the bid price but does not require the City to award a professional or consulting contract to the lowest bidder. This change was made upon the recognition by City staff that due to the expertise and skill  RIV; #4812-8370-7139V1  1    Meeting Date: April 22, 2009  required, price should not be the determinative factor in the selection of professional  and consultant services.  Ins sum, the attached Purchasing Ordinance will provide City staff and the public with clear procedures to be followed for purchases and contracts. The attached Purchasing Ordinance is more detailed than the County ordinance and provides a comprehensive set of procedures that address the full range of the City's purchasing  and contracting needs. FISCAL IMPACTS: None. ALTERNATIVES: 1. Take no action meeting. Submitted by:  2. Provide staff with further direction and take action at the May 13, 2009 Council  Approved by: d  Finance Director   Nntérim City Manager  2  RIV#A81283707139V1    ORDINANCE NO. 25  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING CHAPTERS 3.06, 3.07 AND 3.08 TO THE WILDOMAR MUNICIPAL CODE PERTAINING - TO BIDS, PURCHASES AND CONTRACTS THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES ORDAIN AS  FOLLOWS:  SECTION 1: Addition of Chapters to Wildomar Municipal Code. Chapters 3.06, 3.07 and 3.08 are hereby added to the Wildomar Municipal Code to read as follows:  "3.06 PURCHASING OF SUPPLIES AND EQUIPMENT  3.06.010 Definitions  3.06.020 Adoption of purchasing system 3.06.030 Centralized purchasing  3.06.040 Director of Finance to serve as general purchasing agent  3.06.050 Exemptions from centralized purchasing  3.06.060 Encumbrance of funds 3.06.070 Emergency purchases 3.06.080 Purchasing methods 3.06.090 Verbal and written quotations 3.06.100 Bidding preference for local businesses  3.06.110 Sealed bid procedure for purchases greater than $50,000  3.06.120 Surplus supplies and equipment 3.06.160 Gifts and rebates $3.06.010 DEFINITIONS.  For the purpose of this chapter, the following definitions shall apply unless the  context clearly indicates or requires a different meaning.  RIV4843-3622787V1    AGENCY and USING AGENCY. Any department, agency, commission, bureau or other unit of the City government, other than the Wildomar Redevelopment Agency, which derives its support wholly or in part from the City. Nothing in this chapter is intended to prohibit the Wildomar Redevelopment Agency from adopting the City's rules pertaining to purchase of supplies and equipment, contracting, etc. to the extent  permitted by state law.  BIDDER'S SECURITY. In connection with any sealed bid process required by this Chapter, each bid shall be accompanied by a bond, cashier's check or cash in an amount of not less than 10% of total amount bid. For sealed bids submitted pursuant to Section 3.07.030, the Finance Director may waive the requirement that Bidder's  Security be provided by the bidder.  BIDDERS' FILE. A current file of sources of supply of articles for each category CITY MANAGER. Shall mean the City's City Manager and his or her designee. DIRECTOR OF FINANCE. Shall mean the City's Finance Director and his or her PUBLIC PROJECTS. Shall have the same definition as set forth in Section PURCHASES. Purchases of supplies and equipment shall include leases or RESPONSIBLE BID. An offer, submitted by a responsible bidder, to furnish supplies and equipment or services in conformity with the specifications, delivery terms and conditions and other requirements included in the notice inviting bids.  of commodities repetitively purchased for City use.  designee.  22002 of the Public Contract Code.  rentals as well as transactions by which the City acquires ownership.  RESPONSIBLE BIDDER. A bidder who submits a responsible bid and who is not only financially responsible, but is possessed of the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the contract according  to its terms.  A determination as to whether or not a bidder is a Responsible Bidder shall include an evaluation of relevant factors including, but not limited to, the following  factors:  (1) The ability, capacity and skill of the bidder to perform the contract (2) Whether the bidder has the facilities to perform the contract promptly, or within the time specified, without delay or interference;  or provide the maintenance and service required;  2  RIV #4843-3682-2787vl    (3) The character, integrity, reputation, judgment, experience and (4) The bidder's record of performance of previous contracts or of (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or of the furnishing of maintenance and (6) The sufficiency of the financial resources and ability of the bidder to (7) The quality, availability and adaptability of the supplies and (8) The ability of the bidder to provide future maintenance and service (9) The number and scope of exceptions and conditions attached to (10) Whether the bidder has a previous or existing relationship with an officer or employee of the City that may create a conflict of interest on behalf of the officer or employee if a contract is awarded to the bidder. SUPPLIES and EQUIPMENT. Any and all articles, things or personal property  efficiency of the bidder;  provision of maintenance and service thereunder;  service thereunder; perform the contract;  equipment to the particular use required; for the use of the subject of the contract;  the bid;  furnished to or used by any agency.  $3.06.020 ADOPTION OF PURCHASING SYSTEM.  In order to establish efficient procedures for the purchase of supplies and equipment, to secure for the City supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the  quality of purchases, a purchasing system is hereby adopted.  $3.06.030 CENTRALIZED PURCHASING.  There is hereby created a centralized purchasing and stores division within the Finance Department, in which is vested authority for the purchase and storage of  supplies and equipment.  3  RIV 4843-3682-2787v1    3.06.040 DIRECTOR OF FINANCE TO SERVE AS GENERAL PURCHASING  AGENT.  The Director of Finance shall be the head and have general supervision of the (A) Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the Director of Finance shall adopt for the internal management and operation of the purchasing department and such other rules and regulations as shall be prescribed by the City Council or the City Manager.  purchasing department. The Director of Finance shall have the authority to:  (B) Negotiate and recommend execution of contracts for the purchase of (C) Act to procure for the City the needed quality in supplies and equipment at (D) Discourage uniform bidding and endeavor to obtain as full and open (E) Prepare and recommend to the City Council rules governing the purchase (F) Prepare and recommend to the City Council revisions and amendments to (G) Keep informed of current developments in the field of purchasing, prices, (H) Prescribe and maintain such forms as reasonably necessary to the (1) Supervise the inspection of all supplies and equipment purchased to insure (J) Recommend the transfer of surplus or unused supplies and equipment between departments as needed, and the sale or disposition of supplies and equipment which cannot be used by any agency or which have become unsuitable for City use.  supplies and equipment. least expense to the City.  competition as possible on all purchases. of supplies and equipment for the City.  the purchasing rules.  market conditions and new: products.  operation of this chapter and other rules and regulations.  conformance with specifications.  (K) Maintain a bidders' file, vendors' catalog file and records needed for the  efficient operation of the Purchasing Department.  4  RIV #4843-3682-2787v1    $3.06.050 EXEMPTIONS FROM CENTRALIZED PURCHASING  The City Manager or Director of Finance may authorize any City department head to contract for the purchase of supplies and equipment provided that such purchases shall be made in conformity with the procedures established by this chapter, and any administrative regulations as the Director of Finance shall adopt for the internal management and operation of the purchasing department and such other rules and regulations as shall be prescribed by the City Council or the City Manager.  $3.06.060 ENCUMBRANCE OF FUNDS.  Except in cases of emergency or in cases where specific authority has been first obtained from the City Council, no purchase order for supplies or equipment shall be issued unless the Director of Finance or his or her designee has certified that there exists an unencumbered appropriation in the fund account (or available budget balance)  against which the purchase is to be charged. $3.06.070 EMERGENCY PURCHASES.  While the need for occasional emergency purchases is recognized, the practice must be curtailed as much as possible by anticipating needs sO that the normal  purchasing procedure utilizing bidding may be used.  (A) An emergency shall be deemed to exist if: (1) There is a great public calamity.  (2) There is immediate need to prepare for national or local defense. (3) There is a breakdown in machinery or an essential service which requires the immediate purchase of supplies and equipment to protect the (4) An essential departmental operation affecting the public health, welfare or safety would be greatly hampered if the prescribed purchasing procedure would cause an undue delay in procurement of the needed  public health, welfare or safety.  item.  (B) Inc case of an emergency which requires immediate purchase of supplies and equipment, the City Manager may authorize the Director of Finance or his or her designee to secure by the process set forth in section 3.06.090 any supplies and  equipment regardless of the amount of the expenditure.  5  RIV #4843-3682-2787v1    S  3.06.080 PURCHASING METHODS  (A) The table below sets forth the required methods for purchasing of supplies and equipment, as well as contracting for Public Projects. (Contracting for consultants  and professional services is addressed in Chapter 3.07.)  Value of Purchase Under $1,000 $1,000 to $9,999  Purchase Method None  Agreement Format None Purchase Order approved by Finance Director or contract signed by City Manager fors supplies or equipment? City Manager executed contract for Public Projects* Purchase Order approved by Finance Director and City Manager or contract signed by City Manager for supplies or equipment City Manager executed contract for Public Projects* Contract*  3verbal quotations'  $10,000 to $50,000  3written quotations'  Over $50,000  Council authorized Notice Council Approved  Inviting Sealed Bids3  See section 3.06.120 2 See section: 3.06.090 3 See section 3.06.110  4 AH City contracts shall be assigned a contract number by the City Clerk for tracking and filing purposes.  (B) Notwithstanding the table in subsection (A), the purchase method for the purchase of supplies or equipment may be dispensed with under the following  circumstances:  6  RIV; #343-3682-2787v1    (1) An emergency, as described in section 3.06.070, requires that an order be placed immediately to protect the public health, safety or welfare; (2) The supply or equipment can only be obtained from one source (3) The supply or equipment is available through or in conjunction with another public agency's purchase of such supply or equipment and the other public entity has gone through a bidding process which the City Manager determines is comparable to the processes described above  or  ("sole source"); or  (piggyDacking".  (C) Notwithstanding the table set forth in (A), the purchase method for Public  Projects may be dispensed with under the following circumstances:  (1) An emergency, as described in section 3.06.070, requires that the (2) The project can only be performed by or the service can only be  project or service be undertaken immediately; or  rendered by one vendor.  (D) The Agreement format required by the Table in (A) shall be required for (E) Ini its discretion, the City Council may at any time, by a majority vote and without amending this chapter, waive the purchasing procedures or alter these  any purchase pursuant to (B)o or (C).  proceedings to fit a specific purchase.  $3.06.090 VERBAL AND WRITTEN QUOTATIONS  (A) Minimum number of bids. Wherever possible, purchases utilizing verbal and written quotations shall be based on at least three bids, and shall be awarded to the  lowest responsible bidder.  (B) Solicitation of bids. The Director of Finance or his or her designee shall  obtain and/or review quotations as follows:  (1) By telephone provided the amount of the purchase is $1,000 or (2) In writing provided the amount of the purchase is $10,000 or more,  more but less than $10,000; and but not more than $50,000.  (C) Written bids. All bids received pursuant to this section shall be submitted to the Director of Finance who shall keep a record of all open market orders and bids for  7  RIV#A843-3682-2787v1    a period of one year after the submission of bids or the placing of orders. This record,  while SO kept, shall be open to the public inspection.  $3.06.100 BIDDING PREFERENCE FOR LOCAL BUSINESSES.  For the purpose of determining the lowest responsible bidder as required by SS 3.06.110 and 3.06.120, 1% of that portion of any bid subject to sales or use tax shall be deducted from such bid where it is determined that if such bid were accepted by the City as the lowest responsible bid received, the City would receive a refund of the 1% sales and use tax imposed by Chapter 3.05 ("Sales and Use Tax") of this code. S 3.06.110 SEALED BID PROCEDURE FOR PURCHASES GREATER THAN  $50,000  Purchases of supplies and equipment of an estimated value greater than $50,000 shall be by written contract with the lowest responsible bidder pursuant to the  procedure hereinafter prescribed.  (A) Notice inviting bids. Notices inviting bids shall be advertised by the City Clerk and shall include a general description of the articles to be purchased, shall state where bid forms and specifications may be secured, and the time and place for opening  bids.  (1) Published notice. The City Clerk shall cause notices inviting bids to be published at least twice in a newspaper of general circulation ten days before the date of opening of the bids, with the second publication occurring at least five days after the first, or posted for ten days in three public places in the City that have been designated by the City Council. (2) Bidders' file. The Director of Finance or his or her designee shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' file or who have made written request that their  names be added thereto.  (B) Bidder's Security.  (1) Unless otherwise provided by the City Manager prior to the letting of public notices inviting bids, each bid shall be accompanied by Bidder's (2) Bidders shall be entitled to return of Bid Security; provided, however, that a successful bidder shall forfeit his or her Bid Security upon his or her refusal or failure to execute the contract within ten days after the preparation and mailing of the contract, unless in the latter event the City is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to execute the  Security.  8  RIV#A843-3682-2787V1    contract, award it to the next lowest responsible bidder. In such event, if the City Council awards the contract to the next lowest bidder, the amount of the lowest Bidder's Security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus less any City expenses related to the lowest bidder, if any,  shall be returned to the lowest bidder.  (C) Bid opening procedure. Sealed bids shall be submitted to the City and shall be identified as "BID" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. Once opened, the bids shall be public records. Notwithstanding the foregoing, any bid deemed non-responsive at the time of bid opening shall not be kept by the City and shall be returned to the bidder once deemed non-responsive. Grounds for determining a bid is non-responsive include, but are not limited to, failure to provide the required bid bond and failure to attend any mandatory  walk through or pre-bid meeting.  (D) Rejection of bids. In its discretion, the City Council may reject any and all bids presented and re-advertise for bids pursuant to the procedure hereinabove  prescribed.  (E) Award of contracts. Except as otherwise provided herein, contracts shall (F) Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay or re-advertising for bids, the City Council in its discretion may accept the one it  be awarded by the City Council to the lowest responsible bidder.  chooses.  (G) Performance bonds. The City Manager shall have the authority to require a performance bond or materials and labor bond or both before entering a contract in such amounts as he/she shall find reasonably necessary to protect the best interests of the City. If the City Manager requires such bond or bonds, the form and amount of same  shall be described in the notice inviting bids. $3.06.120 SURPLUS SUPPLIES AND EQUIPMENT.  All using agencies shall submit to the Director of Finance, at such times and in such forms as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Director of Finance shall have authority to sell, exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any agency or which  have become unsuitable for City use.  9  RIV #4843-3682-2787v1    CHAPTER 3.07 CONTRACTS FOR CONSULTING AND PROFESSIONAL  SERVICES  3.07.010 Purpose  3.07.020 Consulting contracts of $50,000 or less 3.07.030 Consulting contracts over $50,000  3.07.040 Contracting procedures for architectural, engineering and other construction  related services  3.07.050 Discretionary process $3.07.010 PURPOSE.  The City Council finds and declares that the competitive bid process is ill-suited for the selection of consultants and professional services. Consultants are required for professional or technical expertise and for matters requiring specialized abilities or a high degree of skill. Their numbers in relation to a particular skill or expertise required are comparatively limited. Where consultants are involved, the bidding process is not likely to result in a lower price to the City or eliminate unnecessary expense or delay. Consultant contracts include any contract that is not a Public Project or a contract for the purchase of supplies and equipment. Regardless of the method of contracting used as set forth in this chapter, such contract shall be assigned a contract number by the  City Clerk for filing and tracking purposes.  $3.07.020 CONSULTING CONTRACTS OF $50,000 OR LESS.  The City Manager, or his or her designee, shall be empowered to engage a consultant (including, but not limited to, material testing service, construction inspection services, testing, appraising, environmental, planning, financial, legal, development processing, governmental operations, special studies, and other services related thereto) without the necessity of competitive bid, without notice of competitive bid, and without City Council approval of the consultant's contract if the consultant's total fee for services and materials under the contract by which the consultant is engaged is fifty thousand dollars ($50,000.00) or less. The consultant's total fee must include all reasonably foreseeable costs and work under the proposed contract. The proposed contract must include any reasonably related work on the same project, and larger contracts shall not be divided into smaller contracts, divided among multiple consultants, or divided by any other method intended to avoid competitive bidding under Section 3.07.030. The City Manager may designate a person or persons to exercise  any authority granted to him or her by this Chapter 3.07.  10  RIV #4843-3682-2787v1    $3.07.030 CONSULTING CONTRACTS OVER $50,000.  A contract for consulting services valued over fifty thousand dollars ($50,000.00) must be entered into by use of competitive sealed proposals. Proposals for the contract  shall be solicited through a Request for Proposals.  (A) Public Notice. Public notice of the Request for Proposals shall be given in the same manner as provided in Section 3.06.110(A) (Formal Contract Procedure,  Notice inviting bids).  (B) Receipt of Proposals and Release as Public Records. Proposals shall be received and opened in a method that avoids disclosure of contents to competing consultants until after award of the contract or final rejection of all proposals. The Request for Proposals must state that after award of the contract or final rejection of all proposals, all responses become public records subject to disclosure. A copy of each proposal received shall be retained by the City Clerk as required by the City's document retention policies, and shall be open for public inspection after award of the contract or  final rejection of all proposals.  (C) Evaluation Factors. The Request for Proposals shall state the relative (D) Evaluation of Proposals. After the due date for proposals, the City Manager or his/her designee shall evaluate the proposals and may contact any proposing consultant for clarification of a proposal, to solicit additional information, or for purposes of interviewing. The City Manager or his/her designee may choose to contact all, some, or none of the responding consultants after the proposals are submitted to the  importance of evaluation factors, including price.  City.  (E) Award. The contract shall be awarded to the responsible consultant whose proposal conforms to the Request for Proposals and is determined to be the most advantageous to the City, taking into consideration the evaluation factors set forth in the Request for Proposals and price. The City Manager shall prepare and place in the contract file maintained by the City Clerk's office a written report detailing the basis on which the recommendation for award of contract is made. For contracts entered into pursuant to this section, the City Manager shall submit a report of the proposals to the City Council with a recommendation concerning acceptance or rejection thereof, and the City Council shall approve or disapprove the recommendation and award the $3.07.040 CONTRACTING PROCEDURES FOR ARCHITECTURAL ENGINEERING  contract.  AND OTHER CONSTRUCTION RELATED PROFESSIONAL SERVICES (A) Authority. For the purpose of procuring the services of architectural, landscape architectural, engineering, environmental, land surveying services, construction project management, or other similar services, as defined by California Government Code Sections 4525 and 4526, the following selection procedures shall be  11  RIV #4843-3682-2787v1    used.  (B) Policy. Iti is the policy of this City to negotiate contracts for architectural, landscape architectural, engineering, environmental, land surveying services, construction project management, or other similar services on the basis of demonstrated competence and qualification for the type of services required, and at fair  and reasonable prices.  (C) Selection Procedure.  (1) Statement of Qualifications. Persons engaged in providing the types of professional services designated in Section 3.07.040 (A) may submit statements of qualifications and expressions of interest in providing such professional services. The City may specify a uniform format for statements of qualifications. Statements of qualifications may be project specific or may be for multiple projects which occur during a time period not exceeding one calendar year. Statements of qualifications shall be maintained by the City Clerk's office, consistent with the City's document (2) Form of Request for Proposals. The Request for Proposals shall describe the services required, list the types of information and data required of each consultant, list the evaluation factors and state the (3) Public Notice. Public notice of the Request for Proposals shall be given in the same manner as provided in Section 3.06.110(A) (Formal Contract Procedure, Notice inviting bids). A copy of the Request for Proposals also shall be provided to each consultant or firm that has a current statement of qualitication on file with the City for work relevant to (4) Receipt of Proposals. Proposals shall be received and opened in a method that avoids disclosure of contents to competing consultants during the process of negotiation. A copy of each proposal received shall be retained by the City Clerk consistent with the City's document retention policies, and shall be open for public inspection after award of the contract (5) Evaluation of Proposals. The City Manager or his/her designee shall evaluate the proposals based upon the evaluation factors set forth in the Request for Proposals. The City Manager or his/her designee may contact some, all or none of the responding consultants for clarification, additional information or interviews to assist in the ranking of the  retention policies.  relative importance of identified qualifications.  the Request for Proposals.  orf final rejection of all proposals.  proposals  12  RIV #4843-3682-2787v1    (6) Negotiation and Award of Contract.  (a) The City Manager shall negotiate a contract with the best qualified consultant for architectural, landscape architectural, engineering, environmental, land surveying services, construction project management, or other similar services at compensation which the City Manager determines is fair and reasonable to the (b) If the City Manager is unable to negotiate a satisfactory contract with the consultant considered to be the most qualified, at a price determined to be fair and reasonable to the City, negotiations with that consultant shall be terminated in writing. The City Manager shall then undertake negotiations with the second most qualified firm. If the City Manager is unable to negotiate a satisfactory contract with the second most qualified firm, the City Manager shall terminate negotiations in writing and continue on in the same fashion with the next qualified firm until a satisfactory (c) Ifthe City Manager is unable to negotiate a satisfactory contract with any of the selected firms, the City Manager shall select additional consultants in order of their competence and qualification and continue negotiations in accordance with this  City.  contract has been negotiated.  Chapter until an agreement is reached.  (7) Contract Approval.  (a). Contracts over $50,000. For contracts greater than fifty thousand dollars ($50,000.00), once the City Manager has negotiated a satisfactory contract with the best qualified consultant at compensation that the City Manager determines is fair and reasonable to the City, the City Manager shall submit a report of the proposals to the City Council with a recommendation concerning acceptance or rejection thereof, and the City Council shall approve or disapprove the recommendation and award the contract. (b) Contracts $50,000 or less. For contracts of fifty thousand dollars or less ($50,000.00) once the City Manager has negotiated a - satisfactory contract with the best qualified consultant at compensation that the City Manager determines is fair and reasonable to the City, the City Manager shall award the contract in  accordance with Section 3.07.020.  (9) Amendments after Award. In instances where the City effects a necessary change in the project during the course of performance of the  13  RIV #4843-3682-2787v1    contract, the consultant's compensation may be adjusted by mutual written agreement in a reasonable amount. The reasonable amount shall reflect and compensate the consultant for the amount of work to be performed by the firm that is changed from the scope of work previously agreed to by both parties. The City Manager may approve one or more amendments to a consultant's compensation if the total amount of the amendments do not exceed 15% of the original amount of the contract, or $50,000, whichever is lower. The City Council shall approve all other  amendments to a consultant's compensation.  (D) Inapplicability to Technical Work. In accordance with California Government Code section 4529, this section shall not apply where the City Manager, or his or her designee, determines that the services needed are more of a technical nature and involve little professional judgment and that requiring bids would not be in the public  interest.  $3.07.050 DISCRETIONARY PROCESS.  Except where it would conflict with state law, the City Council or City Manager, as applicable, may dispense with any or all of this Chapter's procedures when they deem CHAPTER 3.08 BIDDING AND CONTRACTS FOR PUBLIC PROJECTS  in their discretion it would be advantageous to the City to do so.  3.08.060 Applicability of Chapter 3.06 3.08.070 Bidder's security 3.08.030 Contractor's bond 3.08.040 Insurance 3.08.050 Contract Retention  $3.08.060 APPLICABILITY OF CHAPTER 3.06  The procedure for the solicitation of bids and the awarding and execution of contracts for Public Projects shall be subject to and governed by the provisions ofs 3.06.110 of this code when the estimated expenditure required exceeds the sum of $50,000, and by the provisions of S 3.06.080 and 3.06.090 of this code when the estimated expenditure  required does not exceed the sum of $50,000.  14  RIV #4843-3682-2787vi    $3.08.070 BIDDER'S SECURITY.  All notices inviting bids shall require that each bid be accompanied by Bidder's Security. Such Bidder's Security shall be governed by the procedures described in  Section 3.06.110.  $3.08.030 CONTRACTORS BOND.  Every party to whom a contract for a Public Project is awarded involving an expenditure in excess of $5,000 shall, before commencing work on any such Public Project, furnish the City with and file in the office of the City Clerk a bond, or bonds, in form satisfactory to the City, in the sum of 100% of the contract price thereof conditioned upon the faithful performance of the contract and upon the payment of all labor and material furnished in connection with the contract, in lieu of such bond, or bonds, cash or its equivalent, as specified by the City, may be given to the office of the  City Clerk for deposit with the Finance Department.  $3.08.040 INSURANCE.  All contracts for Public Projects shall require the contractor to furnish evidence in form satisfactory to the City that the contractor has taken out and has in force liability and worker's compensation insurance in such amounts and form as may be required by the City, in addition to any other insurance required by the City's Risk Manager.  $3.08.050 CONTRACT RETENTION.  No contract for a Public Project shall provide for or authorize or permit the payment of more than 90% of the contract price before the completion of the work done under the contract and acceptance thereof by the City and expiration of the stop notice  claim period and resolution of any such claims filed therein.  SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconsttutional.  SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days SECTION 4. Publication. The City Clerk shall cause this ordinance to be  after its passage by the City Council.  published or posted in accordance with Government Code section 36933.  PASSED, APPROVED, AND ADOPTED this  day of  2009.  15  RIV #4843-3682-2787v1    Scott Farnam, Mayor  ATTEST:  Sheryl! Schroeder, City Clerk APPROVED AS TO FORM:  Julie Hayward Biggs, City Attorney  16  RIV 4843-3682-2787yl    STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF WILDOMAR  ) )  I,S Sheryl! Schroeder, City Clerk of the City of Wildomar, do hereby certify that the foregoing Ordinance No. 25 was duly adopted by the City Council of the City of  Wildomar at a regular meeting, held on the following vote of the Council:  day of  2009, by the  AYES: NOES: ABSTAIN: ABSENT:  Sheryll Schroeder, City Clerk  17  RIV# #4843-3682-2787v1    Meeting Date: April 22, 2009  ALTERNATIVES: 1. Take no action meeting. Submitted by:  2. Provide staff with further direction and take action at a subsequent Council  Approved by: A  City Attorney 666  City Manager  2  RIV4810.8593-5107V1    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 3C.  GENERAL BUSINESS ITEM Meeting Date: April 22, 2009  TO: FROM:  Honorable Mayor and City Council Members Julie Hayward Biggs, City Attorney  SUBJECT: Digital Infrastructure and Video Competition Act of 2006 ordinance  STAFF REPORT  RECOMMENDATION:  That the City Council adopt the attached urgency ordinance regulating holders of  state-issued video franchises. BACKGROUNDIANALYSIS:  The Digital Infrastructure and Video Competition Act of 2006 ("DIVCA") requires ak local government to adopt an ordinance providing a schedule of penalties that apply when the holder of a state-issued video franchise materially breaches the customer service standards provided for in the law. Such an ordinance is a prerequisite for an  entity to obtain a state-issued video franchise to operate within the City.  This ordinance provides a schedule of penalties that apply to material breaches of customer service standards. The penaltics provided in the ordinance are the maximum penalties allowed for under DIVCA. The ordinance also provides supplemental procedural provisions pertaining to material breaches and assessment of  penalties.  The attached ordinance is an urgency measure because Time Warner Cable and Verizon both currently operate under state-issued franchises within the City that were issued by the state prior to incorporation. The City needs to have the schedule of penalties in place as soon as possible to be in compliance with the requirements of  DIVCA.  FISCAL IMPACTS:  Positive. Once this ordinance is adopted, the entities holding state video franchises within the City may commence paying the 5% franchise fee mandated by DIVCA to the City directly instead of to the County. This will save the City money by avoiding the administrative charges the County imposes on the City in handling City  affairs in its first year of incorporation.  RIVA8106593-5107V1  1    ORDINANCE NO. 26  URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR ADOPTING WILDOMAR MUNICIPAL CODE SECTIONS REGARDING CABLE FRANCHISE AND VIDEO SERVICE AND CONTINUING  FRANCHISE FEES.  THE CITY COUNCIL OF THE CITY COUNCIL OF WILDOMAR DOES ORDAIN SECTION 1. CHAPTER 5.06: CABLE SYSTEM FRANCHISE is added to the  AS FOLLOWS:  City of Wildomar Municipal Code to read as follows:  CHAPTER 5.06  Video Franchise Fees, Customer Service and Other Video-Related Matters  Sections  5.06.010 Regulation of Video Franchises and Definitions 5.06.040 Customer Service and Protection Standards 5.06.050 Material Breach of Customer Standards 5.06.060 Response to Notice of Breach 5.06.070 Request for Exemption from Breach  5.06.020 State Video Franchise Fees 5.06.030 Audit Authority  5.06.080 Penalties for Customer Service and Protection Standards 5.06.090 Appeal of Penalties for Customer Service and Protection 5.06.100 City Response to State Video Franchise Applications 5.06.010. Regulation of Video Franchises and Definitions.  Violations Standards Violations  (a) Under Division 2.5 of the California Public Utilities Code ("CPUC"), the Digital Infrastructure and Video Competition Act of 2008, commencing at Section 5800, et seq. ("DIVCA"), the California Public Utilities Commission (PUC) has the exclusive authority to grant and administer state video franchises. The definitions contained in  DIVCA apply to this Chapter.  (b) Notwithstanding, DIVCA confers certain rights and responsibilities on the City with respect to state video franchise holders ("SVFH") operating within the City under DIVCA, including but not limited to, receipt of fees for rent of right of ways in the form of a franchise fee and additional fees for support of public, educational, and governmental ("PEG") access channels. Both fees are based on a percentage of the gross revenues of state franchise holders. The City also hereby establishes and    enforces penalties for violations of customer service rules. The City retains authority, without change, over all City video franchisees until such time as they no longer hold a City franchise, or are no longer operating under a current City franchise. The City may  modify, renew, extend or terminate existing City video franchises.  (c) The City Council intends this Ordinance to supplement, riot to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in  light of that intent.  5.06.020. State Video Franchise Fees.  (a) Each SVFH, shall pay a fee to the City equal to five percent (5%) of that SVFH's gross revenue, as defined in GPM section 5660, pursuant to CPUC section 5840(q)(1). Failure to pay the fee in a timely manner will incur fines to the City as set  out in that section. incorporation.  (b) Such fees shall be payable as of July 1, 2008, the date of City's  5.06.030. Audit Authority.  Not more than once annually, the City Manager or his/her designee may examine and perform an audit of an SVFH's records kept in the ordinary course of business, such as those commonly used and relied upon for accounting purposes ori in preparation of financial statements or pro formas, to ensure compliance with this section. In the event that the audit discloses an underpayment of five percent (5%) or more, the SVFH shall pay for the audit. If the audit discloses that all fees have been paid, the City shall pay for the audit; otherwise, the cost shall be divided evenly between  the parties.  5.06.040. Customer Service and Protection Standards.  (a) An SVFH shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service. In addition, the SVFH shall prepare, adopt and annually review its own consumer standards regarding installation and service; telephone and office hours; billing procedures; termination of service; change in service; and complaint procedures. Each SVFH annually must distribute such standards to the City and to each customer. (b) The City shall give the SVFH written notice of its failure to distribute such notice. If distribution does not occur within 60 days after receipt of the notice, the City may impose and collect a penalty of $500 for each year in which the notice is not  distributed after such notice.  5.06.050. Material Breach of Customer Standards.  Where the City manager determines that an SVFH has materially breached any provision of its own consumer standards or of state or federal law, including but not    limited to nonpayment of franchise fees, the City may provide written notice of the  breach ("Notice of Breach") to the SVFH.  (a) A "Material Breach" is defined as an SVFH's substantial and repeated failure to comply with service quality and other standards of federal or state law or ofi its  own consumer standards.  (b) Receipt of a Notice of Breach shall be deemed to have occurred either; (1) Five (5) calendar days after the date on which the Notice of Breach (2) Two (2) calendar days after the date the Notice of Breach was sent (3) On the date an SVFH's designated representative was personally  was deposited to be mailed with the United States Postal Service or equivalent;  via facsimile or e-mail; or served the Notice of Breach,  5.06.060. Response to Notice of Breach.  An SVFH which has been issued a Notice of Breach shall either remedy the conduct described in the Notice of Breach ("Notice of Breach Conduct") to the satisfaction, and in the sole discretion of, the City Manager no later than thirty (30) calendar days from the date of receipt of the notice; or assert that the SVFH should be exempted from violation because the violation is out of its control.  Ift the SVFH asserts that the Notice of Breach Conduct is out of its reasonable control, then the SVFH shall submit a Request for Exemption From Breach. Al Request for Exemption From Breach shall contain all of the following points in order to be considered by the City Manager: It shall be in writing; it shall describe in detail why the conduct was out of its reasonable control; it shall describe in detail the Notice of Breath Conduct, the reasons for its occurrence, all factors and/or influences asserted to be outside the SVFH's control thereby creating the conduct, and all facts precluding the SVFH's ability to remedy; and it shall include as attachments any and all supporting documentation which the SVFH wishes the City Manager to review. Only information sO  submitted shall be considered by the City Manager. 5.06.070. Request for Exemption from Breach.  Where the City Manager receives a Request for Exemption From Breach, City Manager shall review the Request for Exemption From Breach promptly; and shall render a final determination on the Request for Exemption From Breach. This final determination shall be in writing and shall include one of the following conclusions: (i) The Notice of Breach Conduct is outside the SVFH's control and is therefore Exempt or (ii) The Notice of Breach Conduct is within the SVFH's control and is therefore subject to  the provisions of this Chapter. The City Manager's decision is final.    5.06.080. Penalties for Customer Service and Protection Standards Violations. (a) Each SVFH that fails to remedy the Notice of Breach Conduct in violation of this Section ("Un-remedied Breach,") and/or that fails to obtain an exemption  determination shall pay a penalty to the City as set out here.  (b) Penalties for an SVFH's failure to remedy the Notice of Breach Conduct  shall accrue daily as follows:  (1) Commencing on the first calendar day following expiration of the (2) Commencing on the first calendar day following receipt of denial of  time to cure in through the date of remedy of the breach under Section; or a Request for Exemption From Breach through the date of remedy of the breach. toe exceed a fine of $500 for each calendar day, not to exceed $1,500 for each  (c) An SVFH shall pay a penalty for the un-remedied first Notice of Breach not  occurrence of an Un-remedied Breach  (d) For a second Material Breach of a similar nature as the Notice of Breach for which a penalty was assessed, occurring within twelve (12) months from the date of the first Notice of Breach, whether remedied or not, an SVFH shall pay a penalty accruing not to exceed $1,000 per calendar day, not to exceed $3,000, for each  occurrence of an Un-remedied Breach.  (d) For a third or further Material Breach, of a similar nature as the Notice of Breach for which a penalty was assessed, occurring within the same twelve (12) months of the date of the Notice of Breach, whether or not remedied an SVFH shall pay a penalty not to exceed $2,500 per calendar day, not to exceed $7,500 for each  occurrence of an Un-remedied Breach.  5.06.090. Appeal of Penalties for Customer Service and Protection Standards  Violations.  (a) An SVFH assessed a penalty under Section 5.06.080 may appeal the assessed penalty only by satisfying ail of the following: Submit to the City Manager a written appeal describing in detail the basis for the appeal; and file the appeal no later than sixty (60) calendar days from receipt of the notice of penalties; and  (b) Where the City Manager receives an appeal under this Section, the City Manager shall review the appeal promptly, render a final determination on the appeal,  and provide a final written determination; and  (c) The City Manager's determination on the appeal shall be final. The penalty owing shall be a debt to the City that may be collected in any legally available  manner.    5.06.100. City Response to State Video Franchise Applications.  (a) Applicants for state video franchises within the boundaries of the City of Wildomar shall concurrently provide complete copies to the City of any application or amendments to applications filed with the PUC. The applicant shall provide one complete copy to the City Clerk, and another complete copy to the City Manager.  (b) In its discretion, the City may provide any comments to the PUC on the SECTION 2. DECLARATION OF FACTS CONSTITUTING URGENCY. It is necessary that this ordinance take effect immediately in order to ensure that the City receives the franchise fees paid by SVFHS and to be in compliance with the state law requirement that the City have an ordinance in place providing a schedule of penalties for SVFHS who materially breach the customer service standards provided for by law. If this ordinance does not take effect immediately, it may result in the City not receiving franchise fees from SVFHS. Therefore, the City Council finds that this ordinance is necessary for the immediate preservation of the public peace, health, and safety, and declares that it shall take effect immediately upon its adoption as an urgency ordinance. SECTION 3: EFFECTIVE DATE. This ordinance shall take effect immediately SECTION 4. PUBLICATION. The City Clerk shall certify the passage of this ordinance and have it published or posted in accordance with Council Policy and state law, either in a daily newspaper of general circulation in the City of Wildomar or by posting for ten (10) days in three public places designated by the City Council.  application or amendments to the application.  upon adoption.  PASSED, APPROVED, AND ADOPTED this  day of  2009.  Scott Farnam, Mayor  ATTEST:  Sheryll Schroeder, City Clerk    APPROVED AS TO FORM:  Julie Hayward Biggs, City Attorney    STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF WILDOMAR  ) ) )  I,Sheryl! Schroeder, City Clerk of the City of Wildomar, do hereby certify that the foregoing Ordinance No. 09- was duly adopted by the City Council of the City of  Wildomar at a regular meeting, held on the day of  2009, by the  following vote of the Council:  AYES: NOES: ABSTAIN: ABSENT:  Sheryll Schroeder, City Clerk    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 3D.  GENERAL BUSINESS ITEM Meeting Date: April 22, 2009  TO: FROM:  Honorable Mayor and City Council Members Julie Hayward Biggs, City Attorney  SUBJECT: Digital Infrastructure and Video Competition Act of 2006 ordinance  STAFF REPORT  RECOMMENDATION:  That the City Council introduce and conduct the first reading of the attached  ordinance regulating holders of state-issued video franchises.  BACKGROUND/ANALYSIS:  The Digital Infrastructure and Video Competition Act of 2006 ("DIVCA") requires a local government to adopt an ordinance providing a schedule of penalties that apply when the holder of a state-issued video franchise materially breaches the customer service standards provided for in the law. Such an ordinance is a prerequisite for an  entity to obtain a state-issued video franchise to operate within the City.  This ordinance provides a schedule of penalties that apply to material breaches of customer service standards. The penalties provided in the ordinance are the maximum penalties allowed for under DIVCA. The ordinance also provides supplemental procedural provisions pertaining to material breaches and assessment of  penalties.  The attached ordinance is a regular ordinance that is a companion to an identical urgency ordinance. The urgency ordinance will take effect immediately. It is recommended that the City Council adopt this regular ordinance as a back-up to the urgency ordinance. This ordinance will supersede the urgency ordinance once it takes  effect thirty (30) days after its adoption by the City Council.  FISCAL IMPACTS:  Positive. Once this ordinance is adopted, the entities holding state video franchises within the City may commence paying the 5% franchise fee mandated by DIVCA to the City directly instead of to the County. This will save the City money by  RIV/4810-6593-5107V1 RIV/48103788-5955V1  1    Meeting Date: April 22, 2009  avoiding the administrative charges the County imposes on the City in handling City  affairs in its first year of incorporation.  ALTERNATIVES: 1. Take no action meeting. Submitted by:  2. Provide staff with further direction and take action at a subsequent Council  Approved by: A  4B6 City Attorney  Cityn Manager  2  RIV# #4810-6593-5107V1 RIV# #810-378-5955V1    ORDINANCE NO. 27  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR ADOPTING WILDOMAR MUNICIPAL CODE SECTIONS REGARDING CABLE FRANCHISE AND VIDEO SERVICE AND CONTINUING FRANCHISE FEES.  THE CITY COUNCIL OF THE CITY COUNCIL OF WILDOMAR DOES ORDAIN SECTION 1. CHAPTER 5.06: CABLE SYSTEM FRANCHISE is added to the  AS FOLLOWS:  City of Wildomar Municipal Code to read as follows:  CHAPTER 5.06  Video Franchise Fees, Customer Service and Other Video-Related Matters  Sections  5.06.010 Regulation of Video Franchises and Definitions 5.06.040 Customer Service and Protection Standards 5.06.050 Material Breach of Customer Standards 5.06.060 Response to Notice of Breach 5.06.070 Request for Exemption from Breach  5.06.020 State Video Franchise Fees 5.06.030 Audit Authority  5.06.080 Penalties for Customer Service and Protection Standards 5.06.090 Appeal of Penalties for Customer Service and Protection 5.06.100 City Response to State Video Franchise Applications 5.06.010. Regulation of Video Franchises and Definitions.  Violations Standards Violations  (a) Under Division 2.5 of the California Public Utilities Code ("CPUC"), the Digital Infrastructure and Video Competition Act of 2008, commencing at Section 5800, et seq. ("DIVCA"), the California Public Utilities Commission (PUC) has the exclusive authority to grant and administer state video franchises. The definitions contained in  DIVCA apply to this Chapter.  (b) Notwithstanding, DIVCA confers certain rights and responsibilities on the City with respect to state video franchise holders ("SVFH") operating within the City under DIVCA, including but not limited to, receipt of fees for rent of right of ways in the form of a franchise fee and additional fees for support of public, educational, and governmenta. ("PEG") access channels. Both fees are based on a percentage of the gross revenues of state franchise holders. The City also hereby establishes and enforces penalties for violations of customer service rules. The City retains authority,  RIV# #4851-3139-5587v1    without change, over all City video franchisees until such time as they no longer hold a City franchise, or are no longer operating under a current City franchise. The City may  modify, renew, extend or terminate existing City video franchises.  (c) The City Council intends this Ordinance to supplement, riot to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in  light of that intent.  5.06.020. State Video Franchise Fees.  (a) Each SVFH, shall pay a fee to the City equal to five percent (5%) of that SVFH's gross revenue, as defined in GPM section 5660, pursuant to CPUC section 5840(q)(1). Failure to pay the fee in a timely manner will incur fines to the City as set  out in that section. incorporation.  (b) Such fees shall be payable as of July 1, 2008, the date of City's  5.06.030. Audit Authority.  Not more than once annually, the City Manager or his/her designee may examine and perform an audit of an SVFH's records kept in the ordinary course of business, such as those commonly used and relied upon for accounting purposes or in preparation of financial statements or pro formas, to ensure compliance with this section. In the event that the audit discloses an underpayment of five percent (5%) or more, the SVFH shall pay for the audit. Ifthe audit discloses that all fees have been paid, the City shall pay for the audit; otherwise, the cost shall be divided evenly between  the parties.  5.06.040. Customer Service and Protection Standards.  (a) An SVFH shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service. In addition, the SVFH shall prepare, adopt and annually review its own consumer standards regarding installation and service; telephone and office hours; billing procedures; termination of service; change in service; and complaint procedures. Each SVFH annually must distribute such standards to the City and to each customer. (b) The City shall give the SVFH written notice of its failure to distribute such notice. If distribution does not occur within 60 days after receipt of the notice, the City may impose and collect a penalty of $500 for each year in which the notice is not  distributed after such notice.  5.06.050. Material Breach of Customer Standards.  Where the City manager determines that an SVFH has materially breached any provision of its own consumer standards or of state or federal law, including but not limited to nonpayment of franchise fees, the City may provide written notice of the  RIV1A8513139-5587V1    breach ("Notice of Breach") to the SVFH.  (a) A "Material Breach" is defined as an SVFH's substantial and repeated failure to comply with service quality and other standards of federal or state law or of its  own consumer standards.  (b) Receipt of a Notice of Breach shall be deemed to have occurred either;  (1) Five (5) calendar days after the date on which the Notice of Breach (2) Two (2) calendar days after the date the Notice of Breach was sent (3) On the date an SVFH's designated representative was personally  was deposited to be mailed with the United States Postal Service or equivalent;  via facsimile or e-mail; or served the Notice of Breach,  5.06.060. Response to Notice of Breach.  An SVFH which has been issued a Notice of Breach shall either remedy the conduct described in the Notice of Breach ("Notice of Breach Conduct") to the satisfaction, and in the sole discretion of, the City Manager no later than thirty (30) calendar days from the date of receipt of the notice; or assert that the SVFH should be exempted from violation because the violation is out of its control.  Ifthe SVFH asserts that the Notice of Breach Conduct is out of its reasonable control, then the SVFH shall submit a Request for Exemption From Breach. A Request for Exemption From Breach shall contain all of the following points in order to be considered by the City Manager: It shall be in writing; it shall describe in detail why the conduct was out of its reasonable control; it shall describe in detail the Notice of Breath Conduct, the reasons for its occurrence, all factors and/or influences asserted to be outside the SVFH's control thereby creating the conduct, and all facts precluding the SVFH's ability to remedy; and it shall include as attachments any and all supporting documentation which the SVFH wishes the City Manager to review. Only information SO  submitted shall be considered by the City Manager. 5.06.070. Request for Exemption from Breach.  Where the City Manager receives a Request for Exemption From Breach, City Manager shall review the Request for Exemption From Breach promptly; and shall render a final determination on the Request for Exemption From Breach. This final determination shall be in writing and shall include one of the following conclusions: (i) The Notice of Breach Conduct is outside the SVFH's control and is therefore Exempt or (ii) The Notice of Breach Conduct is within the SVFH's control and is therefore subject to  the provisions of this Chapter. The City Manager's decision is final.  RIV:4851-3139-5587V1    5.06.080. Penalties for Customer Service and Protection Standards Violations. (a) Each SVFH that fails to remedy the Notice of Breach Conduct in violation of this Section ("Un-remedied Breach,") and/or that fails to obtain an exemption  determination shall pay a penalty to the City as set out here.  (b) Penalties for an SVFH's failure to remedy the Notice of Breach Conduct  shall accrue daily as follows:  (1) Commencing on the first calendar day following expiration of the (2) Commencing on the first calendar day following receipt of denial of  time to cure in through the date of remedy of the breach under Section; or a Request for Exemption From Breach through the date of remedy of the breach. toexceed a fine of $500 for each calendar day, not to exceed $1,500 for each  (c) An SVFH shall pay a penalty for the un-remedied first Notice of Breach not  occurrence of an Un-remedied Breach  (d) For a second Material Breach of a similar nature as the Notice of Breach for which a penalty was assessed, occurring within twelve (12) months from the date of the first Notice of Breach, whether remedied or not, an SVFH shall pay a penalty accruing not to exceed $1,000 per calendar day, not to exceed $3,000, for each  occurrence of an Un-remedied Breach.  (d) For a third or further Material Breach, of a similar nature as the Notice of Breach for which a penalty was assessed, occurring within the same twelve (12) months of the date of the Notice of Breach, whether or not remedied an SVFH shall pay a penalty not to exceed $2,500 per calendar day, not to exceed $7,500 for each  occurrence of an Un-remedied Breach.  5.06.090. Appeal of Penalties for Customer Service and Protection Standards  Violations.  (a) An SVFH assessed a penalty under Section 5.06.080 may appeal the assessed penalty only by satisfying ail of the following: Submit to the City Manager a written appeal describing in detail the basis for the appeal; and file the appeal no later than sixty (60) calendar days from receipt of the notice of penalties; and  (b) Where the City Manager receives an appeal under this Section, the City Manager shall review the appeal promptly, render a final determination on the appeal,  and provide a final written determination; and  (c) The City Manager's determination on the appeal shall be final. The penalty owing shall be a debt to the City that may be collected in any legally available  manner.  RIVAB513139-5587V    5.06.100. City Response to State Video Franchise Applications.  (a) Applicants for state video franchises within the boundaries of the City of Wildomar shall concurrently provide complete copies to the City of any application or amendments to applications filed with the PUC. The applicant shall provide one complete copy to the City Clerk, and another complete copy to the City Manager.  (b) In its discretion, the City may provide any comments to the PUC on the SECTION 2. SUPERSEDING CLAUSE. This ordinance shall supersede any SECTION: 3. EFFECTIVE DATE. This ordinance shall take effect thirty (30) SECTION 4. PUBLICATION. The City Clerk shall cause this ordinance to be  application or amendments to the application.  conflicting or overlapping ordinance previously adopted by the City Council.  days after its adoption by the City Council.  published or posted in accordance with Government Code section 36933.  PASSED, APPROVED, AND ADOPTED this  day of  2009.  Scott Farnam, Mayor  ATTEST:  Sheryl! Schroeder, City Clerk APPROVED AS TO FORM:  Julie Hayward Biggs, City Attorney  RIVHA851-3139-5587V1    STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF WILDOMAR  ) ) )  I,S Sheryll Schroeder, City Clerk of the City of Wildomar, do hereby certify that the foregoing Ordinance No. 09- was duly adopted by the City Council of the City of  Wildomar at a regular meeting, held on the following vote of the Council:  day of  2009, by the  AYES: NOES: ABSTAIN: ABSENT:  Sheryll Schroeder, City Clerk  RIVA81-3139-5587V    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 3E.  GENERAL BUSINESS ITEM Meeting Date: April 22, 2009  TO: FROM:  Mayor and Members of the City Council Michael Kashiwagi, Development Services  SUBJECT: Adopt Operational Area Resolution, Operational Area Signatory Exhibit, Disaster Relief Ordinance, Disaster Service Worker Resolution, Nims Resolution, Nims  Self Cert Letter, Master Mutual Aid Resolution  STAFF REPORT  RECOMMENDATION:  Adopt Operational Area (OA) Resolution and the Operational Area (OA) Signatory which supports the City of Wildomar's participation in the Operational Area Organization of the County of Riverside, and executes the exhibit as a signatory to the Riverside Adopt Disaster Relief Ordinance Which provides for preparation, direction, and coordination of plans, emergency organization and function of the city with all public agencies, corporations, and affected private persons; for the purposes of protection of Adopt Disaster Service Worker Resolution relative to workers compensation benefits for  County Operational Area Agreement.  persons and property within the city in the event of an emergency.  registered volunteer Disaster Service Workers.  Adopt NIMS Resolution and Self Cert Letter supporting the integration and implementation of the National Incident Management System (NIMS) for effectively Adopt Master Mutual Aid Resolution which allows for all of the resources and facilities of the State and all its political subdivisions, municipal corporations, and other public agencies be made available to prevent and combat the effect of disasters which may result from such calamities as flood, fire, earthquake, pestilence, war, sabotage, and  handling emergency situations.  riot.  BACKGROUND:  Under SEMS, the Operational Area refers to an intermediate level of the State's emergency services organization which encompasses the County and all political subdivisions located within the County, The County of Riverside OA manages and lor  RIV #4825-1237-7858v1  1    Meeting Date: April 22, 2009  coordinates information, resources, and priorities among local governments within the OA,and serves as the coordination and communication link between the local government level and the regional level. Wildomar's participation in this Operational Area Organization is made possible through the OA Resolution. The Disaster Relief Ordinance provides for the creation of a Disaster Council and describes the powers and duties of the Disaster Council. The Ordinance further provides for the creation of the City's Emergency Plan, which shall provide for the mobilization of all resources of this city, both public and private, to meet any condition constituting a Local Emergency, State of Emergency, or State of War Emergency. The California Emergency Management Agency has adopted rules and regulations establishing classes of disaster service workers, scope of duties, and manner of registration. The City of Wildomar Disaster Council agreeing to follow the rules and regulations and substantially complies with those rules and regulations shall be certified and become accredited. In order that Disaster Service Workers registered by the City of Wildomar that are injured may benefit by the provisions of the Labor Code. The National Incident Management System (NIMS) Resolution and Self Cert letter provides for the integration and implementation of the NIMS for effectively handling emergency situations. NIMS was developed and administered by the Department of Homeland Security by a Presidential directive. NIMS provides a consistent nationwide approach for governmenta. agencies to work together more effectively and efficiently to Response to disaster incidents frequently exceed resource capabilities of a jurisdiction, when this occurs, mutual aid is provided by other agencies, local governments, and the State. Mutual aid is voluntary aid and assistance, California's statewide mutual aid system is designed to ensure adequate resources, facilities, and other support are provided to jurisdictions when ever their resources prove to be inadequate for a given  recover from disasters.  situation.  FISCAL IMPACTS:  There is no fiscal impact to adopt, however in the event of a disaster, There may be staff and/or materialresource costs related to planning and coordination activities.  ALTERNATIVES: 1. Take no action  2. Provide staff with further direction.  2  RIV825-1237-7858V1    Meeting Date: April 22, 2009  Submitted by: Development  Attachments: Ordinances  Approved by:  Services  Interim City Manager e  3  RIV# #4825-1237-7858 v1    RESOLUTION NUMBER 09-21  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTY OFF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE AGREEMENT FOR PARTICIPATION IN THE OPERATIONAL AREA ORGANIZATION OF THE COUNTY OF RIVERSIDE  WHEREAS, the potential for a major catastrophe due to earthquake, flood or other natural or manmade disaster causes all governmental entities within Riverside County to be prepared to share resources and information among themselves as well as  within the State of California to protect public welfare; and  WHEREAS greater efficiency, planning and response can be achieved byj joining the efforts of the cities, special districts and the County together in pre-disaster  agreements; and  WHEREAS the California Emergency Services Act makes reference to the "Operational Area" and defines it as "an intermediate level of the State Emergency Services Organization" created to perform extraordinary functions for both City and County governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information and assisting in the efficient  management ofresources;  NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wildomar, California, agrees to participate in the Operational Area Organization of the  County of Riverside, California.  ADOPTED, SIGNED and APPROVED this  day of  2009.  Mayor, Scott Farnam  ATTEST:  City Clerk, Sheryll Schroeder    RESOLUTION NUMBER  Page 3  STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) )S CITY OF WILDOMAR)  I,S Sheryll Schroeder, CITY CLERK OF THE CITY OF WILDOMAR, CALIFORNIA, DO adopted by the City Council of the City of Wildomar at a regular meeting thereof held  HEREBY CERTIFY that the foregoing Resolution Number  was duly and regularly  the vote: YES: NOES: ABSENT: ABSTAIN:  day of  2009, and that it was sO adopted by the following called  City Clerk, Sheryll Schroeder    COUNTY OF RIVERSIDE OPERATIONAL AREA SIGNATORY EXHIBIT  In accordance with the conditions contained within Article Ten of Riverside County Operational Area Agreement, the undersigned city hereby executes this exhibit as a signatory to the Riverside County Operational Area Agreement and  agrees to be held to the terms therein.  Wildomar, a city within the County of Riverside, State of California  By: Title: ATTEST: Date:  City Clerk  E:4-22-0910A Signatory Exhibit.doc    SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RI--RSIDE, STATE OF CALIFORNIA  533  FROM: FIPE DEPARTMENT  SUBMITTAL DATE: June 8, 1995  SUBJECT: operational Area Agreement Within Riverside County RECOMMENDED MOTION: Approval of the Operational Area Agreement JUSTIFICATION: Recent changes in California law require political subdivisions of the State of California to adopt the Standardized Emergency Management System (SEMS) within their urisdictions to qualify for the recovery of response costs during a declared State of Emergency. It also requires that all counties establish "Operational Areas" comprised of the county and all political divisions within the county. The county will serve as lead sub- to the Operational Area Organization. (California Code of agency  Within Riverside County  Title 19, Division 2, Section 2409.)  Regulations  5 J.M. HARRIS County Fire Chief  FINANCIAL DATA: No effect. CURRENT YEAR COST NET COUNTY COST SOURCE OF FUNDS: C.A.O. RECOMMENDATION:  $ $  ANNUAL COST $ IN CURRENT YEAR BUDGET: BUDGET ADJUSTMENT: YESI NO/  YES/ NO/ FORFY:  APPROVE.  Administrative Officer Signature Shakis MINUTES OF THE BOARD OF SUPERVISORS  On motion of Supervisor Ceniceros, seconded by Supervisor Buster and duly carried. by unanimous vote, IT WAS ORDERED that the  above matter is approved as recommended and that  is adopted. Ayes: Noes: Date: xc: Prev. Agn. ref.  Resolytion 95-206 Maloney Deputy 5  Buster, Ceniceros and Wilson Aygust 15, 1995 Fre, Co.Co., Auditor  None  Gerald, A. yLL A  Absent: Tavaglione and Mullen  Dist.  AGENDA NO.  11    Board of Supervisors  Countyof Riverside  2 3 4 5 6 7 8 9  RESOLUTIONI NO.95-206  A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, APPROVING THE AGREEMENT FOR PARTICIPATION IN THE OPERATIONAL AREA ORGANIZATION IN THE COUNTY OF RIVERSIDE  WHEREAS the potential for a major catastrophe due to earthquake, flood  10 or other natural or manmade disaster requires all governmental entities within Riverside 11 County to be prepared to share resources and information among themselves as well as  12 within the State of California to protect public welfare; and  13  WHEREAS greater efficiency, planning and response can be achieved by  14 joining the efforts of the cities, special districts and the County together in pre-disaster  15 agreements; and  16  WHEREAS the California Emergency Services Act makes reference to the  17 Operational Area" and defines it as' "ani intermediate level of the State Emergency Services 18 Organization" created to perform extraordinary functions for both City and County 19 governments within a county area such as strengthening mutual coordination, providing a 20 focal point and conduit for disaster information and assisting in the efficient management  21 of resources; 22 23 24 25 26 27 28  1  AUG 15 1995 11    NOW, THEREFORE, BE IT RESOLVED in regular session assembled on  2 August 15 1995, that the County of Riverside hereby adopts Resolution No. 95-206 3 agreeing to participate in the Operational Area Organization of the County of Riverside,  4 California. 5 6 7 9 3V 10 Roll 11 A 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28  Supervisors  Kay Ceniceros  HR Aine  8 ATTEST: Gerald,A. Maloney  Deputy  Buster, Ceniceros and Wilson Tavaglione and Mullen  bat Ayes: Noes: Absent:  None  Tho forogoing is cortifigdtob be at true copy ola msolution duty adopiod bv said Board o' Suoor- visors cnt thedato thierein set forth. Ea  said Board Dupuly  FORMAPPROVED COUNTYCOUNSEL 3UL101995 BY.7Llahy AUG 15 1995 311  2    JUDIIA IAL 10 IME BUAKD UE SUPERVISORS COUNTY OF RIVFRSIDE. STATE OF CALIFORNIA  FROM:  504  rinc DEFAAIMENT  SUBMITTAL DATE: June 8, 1995  SUBJECT: Resolution Adopting the Standardized Emergency RECOMMENDED MOTION: Approval of Resolution Adopting the Emergency Management System within Riverside County JUSTIFICATION: Recent changes in California law Emergency Management System. (SEMS) within their qualify for the recovery of response costs of Emergency. (California Code of  Management System within Riverside County  Standardized  subdivisions of the State of California to adopt the require political  Standardized jurisdictions to during a declared State  Section 2401.)  Regulations Title 19, Division 2,  J.M. HARRIS b County Fire Chief  FINANCIAL DATA: No effect. CURRENT YEAR COST NET COUNTY COST SOURCE OF FUNDS: CAO. RECOMMENDATION: Cc. ESD  S S  ANNUAL COST $ IN CURRENT YEAR BUDGET:  YES/ NO/  BUDGET ADJUSTMENT: YESI NOI FORFY:  APPROVE.  Administrative Officer Signature hLL  MINUTES OF THE BOARD OF SUPERVISORS  On motion of Supervisor Ceniceros, seconded  Buster and duly carried by unanimous vote, IT WAS by Supervisor  above matter is approved as recommended Absent: Tavaglione and Mullen  ORDERED that the  is adopted. Ayes: Noes: Date: xc:  and Resolution No. 95-205 Gerald A. Maloney CerkAf, AGENDA R NO.  Buster, Ceniceros and Wilson  None Augst 15, 1995 Fie, Co.Co.  Prev. Agu. ref.  Dist.  3  - 17    13 Board of Supervisors  Countyo of Riverside  21 31 4 - 5 6 7 9  RESOLUTIONNO.9S2N5  AF RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE. CALIFORNIA. APPROVING PARTICIPATION IN THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM OF THE STATE OF CALIFORNIA  WHEREAS the Standardization of Emergency Incident Management is a prime WHEREAS the County of Riverside recognizes that such a system can provide its  8 concern of all emergency management organizations; and  10 residents, through a cooperative effort of all emergency management organizations. a cost  11 effective emergency incident management system; and  12  WHEREAS the County further recognizes that the adoption and use of the  13 Standardized Emergency Management System will result in increased cooperation and 14 efficiency among the emergency management organizations in Riverside County;  15  NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the  16! County of Riverside in regular session assembled on August 15  1995 that the  17 County by adopting this resolution hereby agrees to adopt and use the approved 18 Standardized Emergency Management System as defined in Government Code 8607.  19 20 21  Louhia Board of Supervisors VKAY CENICERCS  MKN  22 AUG 15 1995  23 ATTEST: Gerald A. Matoney  24 25 By. 26 Roll Callz 27 28  Deputy None  Tyake  Ayes: Noes: Absent:  Buster, Ceniceros and Wilson Tavaglione and Mullen The loregoing is coruedt to, 09 at true copy ofa rosokuuon cury adoptedi b/ssia Board iort. o' Super- visors, on tho date/rcrns E20 Board  FORM APPROVED COUNTY/COUNSEL AUG 15 1995 JUL 101995 3.16) Y7LH  GEBALDAY  M    AGREEMENT FOR PARTICIPATION IN RIVERSIDE OPERATIONAL AREA ORGANIZATION  This Agreement is made this 15th day of August, 1995,  by and between the County of Riverside, hereinafter referred to as "COUNTY", and the cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indian Wells, Indio, Lake Blsinore, La Quinta, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, and Temecula, hereinafter referred to as "CITIES", and the Idyllwild  Fire Protection District.  RECITALS  WHEREAS, the potential for a major catastrophe due to  earthquake, flood, or other natural or human caused disaster requires all governmental entities within Riverside County to be prepared to share resources and information among themselves as well as with the State of California in order to protect public be achieved by joining the efforts of the CITIES, special districts, and the COUNTY together in pre-disaster agreements; reference to the "operational area" and defines it as "an intermediate level of the state emergency services organization, consisting of all political subdivisions within the county area" (Government Code S 8559(b)), created to perform extraordinary disaster related functions for both county and city governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for training, disaster information, and assisting in the efficient management of  welfare; and  WHEREAS, greater efficiency, planning, and response can  and  WHEREAS, The California Emergency Services Act makes  resources; and  WHEREAS, the State of California has formally  established the Standardized Emergency Management System (SEMS) (19 Cal. Code of Regulations 5 2400 et seg.) as the required Emergency Management System to be utilized within the State of California and its political subdivisions, and that Operational Area Agreements be formulated within a county and its political subdivisions formally adopting the SEMS regulations;  1    THE PARTIES AGREE AS FOLLOWS:  1. RECOGNITION OF AND PARTICIPATION IN AN OPERATIONAL The parties to this Agreement recognize an Operational  AREA FOR EMERGENCY SERVICES  Area, as that term is defined in the California Emergency Services Act (Government Code Section 8550 et seq.) which designates an intermediate level of the organization, cooperation, and planning between public entities within Riverside County boundaries. Pursuant to the SEMS regulations, the County of Riverside shall serve as the lead agency within the operational Area. The parties agree to participate in the organizational structure which is a planning partnership for a systematic approach for exchanging disaster intelligence and resource requests in order to foster effective flow of disaster information and resource requests in emergencies and also to provide emergency preparedness on a day-to-day basis through training and exercise activities. Each of the parties to this Agreement will designate individuals to be trained to staff the Operational Area Organization. Each party to this Agreement will also designate, in writing, a line of succession of officials who are empowered to speak on behalf of the party at the Operational  Area Organization.  2  RECOGNITION OF AND ADOPTION OF THE STANDARDIZED  EMERGENÇY MANAGEMENT SYSTEM  The parties to this Agreement recognize the Standardized Emergency Management System as defined in Title 19, California Code of Regulation S 2400 et seq. and formally adopt those  regulations as a part of this Agreement.  3. ROC/OPERATIONAL. AREA ACTIVATION  The operational area EOC shall be activated and SEMS (a) A local government within the operational area has (b) Two or more cities within the operational area (c) The county and one or more cities have declared or (d) A city or county has requested a governor's  used as described in the SEMS Organizational Levels when any of activated its EOC and requested an activation of the operational  the following conditions exist:  area EOC to support their emergency operations. have declared or proclaimed a local emergency.  proclaimed a local emergency.  proclamation of a state of emergency, as defined in Government  Code $8558(b).  2    (e) A state of emergency is proclaimed by the governor (E) The- operational area is requesting resources from  for the county or two or more cities within the operational area. outside its boundaries, except those resources used in normal day-to-day operations which are obtained through existing agreements providing for the exchange for furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis as provided for under the Master Mutual Aid  Agreement.  4. CONSIDERATION  The consideration under this Agreement is the mutual  advantage of protection afforded to each of the parties under the Agreement. There will not be any monetary compensation required  from any party to another party.  5. AGREEMENT STEERING COMMITTEE  The operational Area Agreement Steering Committee,  established by Riverside County Ordinance 533.4, consists of the Riverside County Disaster Council jurisdictional representatives. Departmental agencies within the County of Riverside will have joint representation on this Committee by that single representative which is the Disaster Chair or his/her designee. Volunteer agencies having representation on the Disaster Council will be non-voting members of the Steering Committee. It will be the responsibility of the Steering Committee to set the policies and procedures for the governing of the Committee and the operation of the Operational Area. The Steering Committee shall approve the Operational Area Organizational structure. The COUNTY  will supply staff support for the Committee.  6. MULTI-AGENCY COORDINATION SYSTEM  The parties agree that in the event of a disaster the  affected jurisdictions and agencies will meet together in a coordinated effort to facilitate decisions for overall emergency response activities, including the sharing of resources and the prioritization of incidents. The chair for, the meeting will be the Chair of the Riverside County Disaster Council and facilitated by the Riverside County Disaster Corps Commander. "Meeting" may include meetings via an electronic media deemed acceptable to the participants. The frequency of the meetings may vary depending on the nature and size of the emergency- A minimum of one meeting will be held during the emergency period.  7. PROVISION OF FACILITIES AND SUPPORT  The COUNTY shall provide an Emergency Operations Center  (EOC) located in the basement of the County Administrative  3    Center, Riverside and an Emergency Operations Center located in the County Administrative Center at the Alternate Seat of Government in Indio. The COUNTY will provide EOC support staff and all necessary supplies for the Operational Area Organization during actual operations and drills. All parties to this Agreement shall, within their capabilities, provide staff for the decision making and operational positions of the Operational Area  Organization.  8. TERM OF AGREEMENT  This Agreement shall be effective from the date executed by the parties. This Agreement may be terminated agreement of a majority of the member parties.  mutual  by  9. WITHDRAWAL OF PARTY  Any party to this Agreement may withdraw as a party to  this Agreement upon giving 30 days prior written notice to the  other parties.  10. ADDITIONAL PARTIES  Additional parties, who are public entities, including  special districts, within the geographical boundaries of Riverside County, may join in this Agreement and become member entities upon execution of an Exhibit to this Agreement in which the entity agrees to be subject to the conditions and terms of this Agreement, provided that said agency or district is not provided representation by another means. The executed Exhibit shall become a part of this Agreement automatically after the expiration of thirty days following notification by the new party to all other parties, of the execution of the Exhibit. Thereafter, the entity shall be considered to be a party to this Agreement unless the entity withdraws as provided herein.  11. INDEMNIPICATION. AND HOLD HARMLESS AGREEMENT No party to this agreement nor any officer or employee  of such party shall be responsible for any. damage or liability occurring by reason of anything done or omitted. to be done by any other party under or in connection with any work, authority or jurisdiction delegated to said other party under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, each party ("Indemnifying Party") shall fully indemnify and hold every. other party ("Indemnified Party") harmless from any liability imposed for injury (as defined Government Code Section 810.8) occurring by reason of anything by done or omitted to be done by Indemnifying Party under or in connection with any work, authority, or jurisdiction delegated to  Indemnifying Party under this Agreement.  4    12. SALARIES, EMPLOYMENT AND WORKER'S COMPENSATION The salaries, employment and Worker's Compensation  BENEFITS.  benefits of each employee participating in the operational Area Organization shall be the responsibility of the party employing  the individual.  IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED  THIS AGREEMENT AS FOLLOWS: ATTEST: Clerk of the Board of Supervisors of the County of Riverside, State of California By:,  COUNTY OF RIVERSIDE a political subdivision of the State of California  Byay CAMANGE Eairman, Board of Bupervisors  AaHaaym  APPROVBD AS TO FORM: (Name) County Counsel (Name)  By: Khh Deputy County Counsel  ATTEST:  CITY OF BANNING  y: yu Ahlhin  By:  OlcpA Title: hsy  5    ATTEST:  CITY OF BEAUMONT  -dhyt kyh  By: A  Alya  ATTEST: By:  CITY OF BLYTHE By:  a  Ku  Kahhatai Title: Mager  ATTEST:  CITY OF CALIMESA  By: tabkekn  3y  Title:  hy  6    ATTEST:  CITY OF CANYON LAKE  By: Hbinmitt  -  Title:  e  ATTEST: By:  CITY OF CATHEDRAL CITY By: 9 Basy Title: LMaues  Bhil  ATTEST:  CITY OF COACHELLA,  By:2  Depahy Lity "abe  a  7    ATTEST:  CITY OF CORONA  By: Misidipp By:  Rt Title: M  ATTEST:  CITY OF DESERT HOT SPRINGS   Title:  fh  Hay  ATTEST.  CITY OF HEMET By:  mlLLRE  Title:  34    8    ATTEST:  IDYLLWILD FIRE PROTECTION By: Aahch Titleric  DISTRICT  meplR  ATTEST:  CITY OF INDIAN WELLS  By:  O.ADRAL  Title:    ATTEST:  CITY OF INDIO  By: Imzy ridemaya  ared  9    ATTES?:  LAKE  Plbad  By:  3T  maeCagnaga  TTEST:  CITY OFLA QUINTA  AQ  By:  CPb Title: Lpnega  ATTEST: By  CITY OF MORENO VALLEY By:ul  Title: m4fz  ah  10    ATTEST:  CITY OF MURRIETA By: aes  Byl Ka Vanfihy Clerk Sepienbe) 5, 5  la hseles Mayor  ATTEST:  CITY OF NORCO  "Tayaibe  Titlé:  "Ayaie  mepel  ATTEST:  CITY OF PALM DESERT"  wpGai guébcuty  By:  De  COeru  ER Title: RT  11    ATTEST:  By: DE  By:  Title: ROBPAFS  S  Gyinhs A3501  ATTEST: By: Buy  CITY OF PERRIS  By:  Title: Ciymanagr  ATTEST: Byi  CITY OF RANCHO MIRAGE dhue  Se b  Title:, Mayor  12    ATTEST:  CITY OF RIVERSIDE golithhm  By: Laus a Ehi  ctdk  Aumdapllamaga  ATTEST: EM  Slan CITY OF SAN JACINTO  By: PamaSaster  Title:  Ctymanagk  ATTEST:  CITY OF TEMECULA  By: &  By: Komet flay m-Cy MAMARo  13    ORDINANCE NO. 28  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING CHAPTER 2.08 TO THE WILDOMAR MUNICIPAL CODE PROVIDING FOR THE ADMINISTRATION OF DISASTER OPERATION AND  RELIEF IN THE CITY OF WILDOMAR  THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ORDAINS  AS FOLLOWS:  SECTION 1. Addition of Chapter 2.08 to the Wildomar Municipal Code.  Chapter 2.08 of the Wildomar Municipal Code is hereby adopted and shall read as set  forth below:  Chapter 2.08 DISASTER RELIEF  Sections:  2.08.010 Purpose 2.08.020 Definitions  2.08.030 Disaster Council Membership 2.08.040 Disaster Council Powers and Duties 2.08.060 Powers and Duties of the Director 2.08.070 Emergency Organization 2.08.080 Emergency Plan 2.08.090 Emergency Expenditures 2.08.100 Punishment of Violations  2.08.050 Director and Assistant Director of Emergency Services  2.08.010  PURPOSE  The purpose of this ordinance is to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the creation and direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies,  corporations, organizations, and affected private persons.  2.08.020  DEFINITIONS  A. As used in this ordinance, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the  RIV #4827-3979-2131v1    control of the services, personnel, equipment, and facilities for this city, requiring the combined forces of other political subdivisions to combat, or with respect to regulated utilities, a sudden and severe energy shortage requiring extraordinary measures beyond the authority vested in the California Public Utilities  Commission.  B. The term "Local Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requiring extraordinary measures beyond The term "State of Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a State of War Emergency, which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requiring extraordinary measures beyond the authority  the authority vested in the California Public Utilities Commission.  C.  vested in the California Public Utilities Commission.  D. The term "State of War Emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an  enemy attack is probable or imminent.  2.08.030 following:  DISASTER COUNCIL MEMBERSHIP  The City of Wildomar Disaster Council is hereby created and shall consist of the  A. The mayor, who shall be chair.  B. The director of emergency services who shall be vice chair.  RIV #4827-3979-2131 vl    C. The assistant director of emergency services.  D. The Public Works Director.  E. Additional department directors, elected officials or technical advisors as designated F. Such chiefs of emergency services as are provided for in a current emergency plan G. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by  by the Director of Emergency Services based upon the emergency.  of this city, adopted pursuant to this ordinance.  the director with the advice and consent of the city council.  2.08.040  DISASTER COUNCIL POWERS AND DUTIES  It shall be the duty of the Wildomar Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the chair or, upon call of the vice chair (in the absence of  the chair). 2.08.050  DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES  A. There is hereby created the Office of director of Emergency Services. The City B. There is hereby created the office of assistant director of emergency services, who  Manager shall be the director of emergency services. shall be appointed by the director of emergency services.  2.08.060  POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT  DIRECTOR OF EMERGENCY SERVICES  A. The director is hereby empowered to:  (1) Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the  proclamation shall have no further force or effect  (2) Request the Governor to proclaim a "State of Emergency" when, in the opinion of the Director, the locally available resources are inadequate to  cope with the emergency.  (3) Control and direct the effort of the city's emergency organization for the  accompishment of the purposes of this ordinance.  RIV #4827-3979-2131 vl    (4) Direct cooperation between and coordination of services and staff of the city's emergency organization; and resolve questions of authority and  responsibility that may arise between them.  (5) Represent this city in all dealings with public or private agencies on (6) In the event of the proclamation of a "Local Emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Secretary of California Emergency Management, or the existence of a "state of war emergency, the director is hereby empowered: (a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council; (b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use. In sO acquiring such property, the city waives no immunities and incurs no liabilities other than those at common law or those liabilities  matters pertaining to emergencies as defined herein.  created by applicable state or federal law;  (c) To require emergency services of any city officer or employee and, int the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency, to command the aid of as many citizens of this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services  workers;  (d) To requisition necessary personnel or material of the city's (e) To execute all ordinary power as City Manager all of the special powers conferred by this ordinance or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred by any statute, by any agreement approved by the city  departments or agencies; and  council, and by any other lawful authority.  B.  The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of  succession shall be approved by the city council.  RIV: #4827-3979-2131v1    C. The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and  duties as may be assigned by the director. EMERGENCY ORGANIZATION  2.08.070  All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section. 2.06.060 of this ordinance, be charged with duties incident to the protection of life and property in this city during such emergency, shall  constitute the emergency organization of the city of City of Wildomar.  2.08.080  EMERGENCY PLAN  The Wildomar Disaster Council shall be responsible for the development of the city's Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a Local Emergency, State of Emergency, or State of War Emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.  2.08.090  EXPENDITURES  Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the A. In the case of an emergency, purchases of supplies, materials, equipment and services may be made without the benefit of the bidding requirements set forth in the city's purchasing ordinance when an item of supply, material, equipment or service, is immediately necessary for the continued operation of a department, or for the preservation of life or property, or when such purchase is required for the health, safety and welfare of the people, providing that there is a present,  inhabitants and property of the City of Wildomar.  immediate and existing emergency.  B. Int the event of a public calamity such as an earthquake, major fire or national disaster, the Director shall have authority to make decisions regarding purchases which must be made to protect life and property. The Director of Finance shall maintain a detailed accounting of all expenditures related to the emergency and submit upon termination of such emergency, a detailed report to the City  Manager who, in turn, will provide the report to the City Council.  2.08.100  PUNISHMENT OF VIOLATIONS  Its shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000), or by imprisonment for not to exceed six (6) months, or both, for any  person, during an emergency, to:  RIV #4827-3979-2131v1    A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the performance of any duty imposed upon him by virtue of this  ordinance.  B. Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, if such act is of such a nature as to give or be likely to give assistance to the enemy or imperil the lives or property of inhabitants of this city, or to Wear, carry, or display, without authority, any means of identification specified by SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.  prevent, hinder, or delay the defense or protection thereof.  C.  the emergency agency of the State."  SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days SECTION 4. Publication. The City Clerk shall cause this ordinance to be  after its passage by the City Council.  published or posted in accordance with Government Code section 36933.  PASSED, APPROVED, AND ADOPTED this  day of  2009.  Scott Farnam, Mayor  ATTEST:  Sheryll Schroeder, City Clerk  RIV #4827-3979-2131V1    APPROVED AS TO FORM:  Julie Hayward Biggs, City Attorney  RIV827-39792131V    STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF WILDOMAR  ) ) )  ,Sheryll Schroeder, City Clerk of the City of Wildomar, do hereby certify that the foregoing Ordinance No. 09- was duly adopted by the City Council of the City of  Wildomar at a regular meeting, held on the day of  2009, by the  following vote of the Council:  AYES: NOES: ABSTAIN: ABSENT:  Sheryll Schroeder, City Clerk  RIV: #4827-3979-2131v1    ORDINANCENO.: 28  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AMENDING AND RESTATING WILDOMAR MUNICIPAL CODE CHAPTER 2.100 PROVIDING FOR THE ADMINISTRATION OF DISASTER OPERATION AND RELIEFINTHE CITY OF WILDOMAR THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE Section 1. Amendment to Chapter 2.100 of the Wildomar Municipal Code. Chapter 2.100 of the Wildomar Municipal Code isl hereby deleted and replaced in its entirety as  OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:  set forth below:  Chapter 2.100 DISASTER RELIEE  Sections:  Section 2.100.010 Purposes Section 2.100.020 Definitions  Section 2.100.030 Disaster Council Membership Section 2.100.040 Disaster Council Powers and Duties Section 2.100.060 Powers and Duties oft the Director Section 2.100.070 Emergency organization. Section 2.100.080 Emergency Plan. Section 2.100.090 Emergency Expenditures Section 2.100.100 Punishment ofViolations.  Section 2.100.050 Director and Assistant Director of] Emergency Services  Section 1  PURPOSES  The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction oft the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons.  Section 2  DEFINITION  A. As used in this ordinance, emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or: imminent threat ofwar, but other than conditions resulting from a labor controversy, which conditions are or are. likely to bel beyond the control oft the services, personnel, equipment, and facilities for this city, requiring the combined forces of other political subdivisions to combat, or with respect to regulated utilities, a sudden and severe energy shortage requiring extraordinary measures beyond the authority vested in the California  Public Utilities Commission.  City Ordinance    B. The term "Local Emergency" means the duly proclaimed existence of conditions ofdisaster or ofextreme peril to the: safety of persons and property within the territorial limits ofa county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control ofthe services, personnel, equipment, and facilities oft that political subdivision and require the combined forces ofother political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requiring extraordinary measures beyond the authority vested: in the California Public The term "State of] Emergency" means the duly proclaimed existence of conditions of disaster or ofe extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning ofan earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from al labor controversy or conditions causing a State of War Emergency, which conditions, by reason oft their magnitude, are or are likely tol bel beyond the control oft the services, personnel, equipment, and facilities ofany single county, city and county, or city and require the combined forces ofa mutual aid region or regions to combat, or with respect to: regulated energy utilities, a sudden and severe energy shortage requiring extraordinary measures beyond the authority vested in the California Public Utilities D. D. The term "State ofWar Emergency" means the condition which exists immediately, with or without aj proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy ofthe United States, or upon receipt by the state ofa warning from the federal government indicating that such an enemy attack is probable or imminent.  Utilities Commission.  Commission.  Section 3  DISASTER COUNCIL MEMBERSHIP  The City of Wildomar Disaster Council is hereby created and shall consist oft the following:  A. The mayor, who shall be chair.  B. The director ofe emergency services, City Manager who shall be vice chair'. C. The assistant director ofe emergency services appointed by the City Manager  D. The Public Works Director.  E. Additional department directors, elected officials or technical advisors as designated by the  Director of] Emergency Services based upon the emergency.  F. Such chiefs of emergency services as are provided for in a current emergency: plan ofthis  city, adopted pursuant to this ordinance'.  City Ordinance    G. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the  advice and consent ofthe city council.  Section 4  DISASTER COUNCIL POWERS AND DUTIES  Its shall bet the duty oft the Wildomar Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are: necessary to implement such plans and agreements. The Disaster Council shall meet upon call oft the chair or,  upon call oft the vice chair (in the absence of the chair).  Section 5  DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY  SERVICES  A. There is hereby created the Office of director of Emergency Services. The City Manager, B. There is hereby created the office of assistant director of emergency services, who shall be  shall be the director of emergency services'.  appointed by the director.  Section 6 POWERS AND DUTIES OF' THE DIRECTOR AND ASSISTANT  DIRECTOR OF EMERGENCY SERVICES  A. The director is hereby empowered to:  (1) Request the city council to proclaim the existence or threatened existence ofa "local emergency" ifthe city council is in session, or to issue such proclamation ift the City Council is not in session*. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or (2) Request the Governor to proclaim a "State of] Emergency" when, in the opinion ofthe Director, the locally available resources are inadequate to cope with the (3) Control and direct the effort of the city's emergency organization for the (4) Direct cooperation between and coordination of services and staffoft the city's emergency organization; and resolve questions ofauthority and responsibility that may  effect".  emergency".  accomplishment ofthe purposes ofthis ordinance.  arise between them.  (5) Represent this city in all dealings with public or private agencies on matters  pertaining to emergencies as defined herein.  City Ordinance    (6) Int the event oft the proclamation ofa "Local Emergency" as herein provided, the proclamation ofa "state of emergency" by the Governor or the Secretary of California Emergency Management, or the existence ofa "state ofwar emergency," the director (a) To make and issue rules and regulations on matters reasonably related to the protection oflife and property as affected bys such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable timel by (b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection oflife and property and tol bind the city for the fair value thereofa and, ifr required immediately, to commandeer the same for public use. In sO acquiring such] property, the city waives no immunities and incurs no liabilities other than those at common law or those liabilities created by applicable state or (c) Tor require emergency services of any city officer or employee and, in the event oft the proclamation ofa "state of emergency" in the county in which this city is located or the existence ofa "state of war emergency," to command the aid of as: many citizens oft this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services workers; (d) To requisition necessary personnel or material of the city's departments or (e) To execute all ordinary power as City Manager all of the special powers conferred by this ordinance or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred by any statute, by any agreement approved  isl hereby empowered:  the city council;  federal law;  agencies; and  by the city council, and by any other lawful authority?.  B. The Director of] Emergency Services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of succession shall be approved by the city council. C. The Assistant Director shall, under the supervision oft the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director.  Section 7  EMERGENCY ORGANIZATION  All officers and employees oft this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation oflaw, including persons impressed into service under the provisions ofSEC. 6.A. (6) (c) ofthis ordinance, be charged with duties incident to the protection ofl life and property in this city during such emergency, shall constitute the emergency organization oft the city ofCity of  Wildomar.  City Ordinance    Section 8  EMERGENCY PLAN  The Wildomar Disaster Council shall be responsible for the development oft the city's Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a Local Emergency, State of Emergency, or State ofWar Emergency; and shall provide for the organization, powers and duties, services, and staffo of the emergency organization. Such plan shall take effect upon  adoption by resolution oft the city council.  Section 9  EXPENDITURES  Any expenditure: made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit oft the inhabitants and A. In the case of an emergency, supplies, materials, equipment and services may be made without thel benefit oft the bidding requirements set forth herein when an item ofs supply, material, equipment and service, isi immediately necessary for the continued operation ofa department, or for thej preservation oflife or property, or when such purchase is required for the health, safety and welfare of the people, providing that there is a present, immediate and B. In the event of aj public calamity such as an earthquake, major fire or national disaster, the Director shall have authority (up to$100,000.00 thousand dollars) to make decisions regarding purchases which must be made to protect life and property. The Director of Finance shall maintain a detailed accounting ofall expenditures related to the emergency and submit upon termination of such emergency, a detailed report to the City Manager who, in  property of the City ofWildomar".  existing emergency.  turn, will provide the report to the City Council.  Section 10  PUNISHMENT OF VIOLATIONS  Its shall be ai misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000), or by imprisonment for not to exceed six (6) months, or both, for any: person, during an A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, ori in the performance of any duty imposed upon him by virtue ofthis ordinance. B. Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, if such act is ofs such a: nature as to give or be likely to give assistance to the enemy or imperil the lives or property ofinhabitants oft this city, or to prevent, hinder, or delay the defense or . Wear, carry, or display, without authority, any means ofidentification specified by the  emergency, to:  protection thereof.  emergency agency ofthe State. Section 11  REPEAL OF CONFLICTINGORDINANCES"  City Ordinance    Section 12  EFFECTIVE DATE  This ordinance shall become effective thirty (30) days from and after its passage.  Section 13  SEVERABILITY  Ifany provision oft this ordinance or the application thereofto any person or circumstances is held invalid, suchi invalidity shall not affect other provisions or applications, and to this end the  provisions oft this ordinance are declared tol be severable.  ADOPTED, SIGNEDand. APPROVED this  day of  2009.  Mayor, Scott Farnam  ATTEST:  City Clerk, Sheryll Schroeder  City Ordinance    ENDNOTES  'In city manager or chief administrative officer cities, that officer should bei named director of emergency services; where there is no city manager or chiefadministrative officer, or in strong In the latter case, subsection B ofthis section should be deleted and the following subsections should be relettered since, under SEC. 5.A. supra, the mayor would be appointed director of In cities where the mayor is the director of emergency services (see footnote 1)t this subsection would read as follows: "The assistant director of emergency services, who shall be vice chair." See Sections 5 and 6, providing for the structure, duties, and functions of the emergency  mayor cities, the mayor should be named director.  emergency services.  organization.  4See Emergency Proclamation section - Part One, State Emergency Plan.  Note the provisions of Section 8630 oft the California Emergency Services Act which require that the city council review, at least every fourteen days until a local emergency is terminated, the: need for continuing the local emergency, and further require that the city council terminate 6Section 8625 (b) oft the California Emergency Services Act provides that such request is to be 'General law cities see Section 38791 oft the Government Code, regarding authority to provide SThe State of California has provided workers' compensation benefits for all registered volunteers of an accredited disaster council organization. Requirements for the accrediting of local disaster councils and for the manner in which volunteers must be registered in order tol be protected by these workers' compensation benefits are contained in rules and regulations oft the California Emergency Management Agency adopted pursuant to Section 8585.5ofthe California  the local emergency at the earliest possible date the conditions warrant. made, in the case ofa city, by the mayor or chief executive. forac chiefexecutive with special powers during emergencies.  Emergency Services Act.  See Section 53021 ofthe Government Code.  Under the provisions of Section 8668 (a) of the California Emergency Services Act, existing civil defense and disaster ordinances will remain in full force and effect until revised, amended, orr revoked; therefore the existing ordinances should be expressly repealed by number. In subsequent revisions ofa city emergency services ordinance, the following proviso should be included in the repealing section in order to preserve existing rights and privileges: "Provided, that it is the intent ofthe city council in enacting this ordinance that it shall be considered a revision and continuation ofthe ordinance repealed by this ordinance, and the status ofvolunteers shall not be affected by such repeal; nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinance be affected bys such repeal until amended, modified, or superseded as provided in this ordinance."  City Ordinance    RESOLUTION, NO. 09-22 CITY OF WILDOMAR  RESOLUTION BYT THE CITY COUNCIL FOR' THE RELATIVE TO WORKERS' COMPENSATION BENEFITS FOR REGISTERED VOLUNTEER "DISASTER SERVICE WORKERS"  WHEREAS, Section 8585.5 ofthe Government Code provides:  "The California Emergency Management Agency shall establish by rule and regulation various classes of disaster service workers and the scope of the duties of each class. The Califomia Emergency Management Agency shall also adopt rules and regulations prescribing the: manner in which disaster services workers of each class are to be registered. All oft the rules and regulations shall be designed to facilitate the payment of WHEREAS, the California Emergency Management Agency has adopted rules and regulations establishing classes ofd disaster service workers, the scope ofduties of each class, and the manner of registration ofs such volunteer disaster service workers; and  workers' compensation," and  WHEREAS, Section 8612 oft the Government Code provides:  "Any disaster council which both agrees to follow the rules and regulations established by the California Emergency Management Agency pursuant to the provisions of Section 8585.5 and substantially complies with those rules and regulations shall be certified by the office. Upon that certification, and not before, the disaster council becomes an accredited disaster council;" and  WHEREAS, the City of Wildomar has registered and will hereafter register volunteer WHEREAS, the City of Wildomar desires tol become an "accredited disaster council" organization in order that injured disaster service workers registered with it may benefit by the provisions of Chapter 10 ofDivision 4 of Part 1 of the Labor Code; NOW, THEREFORE, the City Council oft the City ofWildomar hereby agrees to follow the rules and: regulations established by the California Emergency Management Agency pursuant to the provisions of Section 8585.5 ofthe Government Code.  disaster service workers; and  Disaster Service Workers Resolution    The City Clerk is hereby instructed to send a certified copy hereofto the California  Emergency Management Agency.  EFFECTIVE:  (Date)  Mayor/City Manager  ATTEST:  City Clerk  Mail a certified copy to:  California Emergency Management Agency  3650 Schriever. Avenue Mather, CA95655  Disaster Service Workers Resolution    Timetable for EOP review:  Review Part 1 with ESC and make comments Send Part 1 comments to ESC for incorporation City to review revised Part 1 and review for accuracy Review Part 2 with ESC and make comments Send Part 2 to city department heads as you see appropriate for their concurrence (ask for a two week turn around on the Send Part 2 comments to ESC for incorporation Review revised Part 2 and review for accuracy  review)  Ifthere are no changes, email ESC that information or provide final draft EOP and instruct ESC to conduct final review of Part ESC will forward Part 1 and 2 of City EOP to State OES on behalf of the city with a cover letter asking State OES to review and concur with the plan (should take State OES no longer When State OES completes their review they will send a letter to City Emergency Manager/City ESC/OES stating that the plan Add EOP adoption and NIMS resolution to upcoming The letter from State OES is what the city will use to present the EOP to the City Counci/Public Safety Traffic Commission Final signed EOP sheets need to be scanned into EOP and then  land 2 (- one week turnaround)  than 60 days to review)  isin compliance with the State EOP counci/Commision Agenda  for adoption sent to STATE OES Crosswalk  Resolution adopting the EOP Final EOP with signatures FEMA IS-700: NIMS, An Introduction IS-100: Introduction to ICS or equivalent (Basic SEMS) First Line, Single Resource, Field Supervisors IS-700, IS-100 and IS-200: Basic ICS ori its equivalent Middle Management: Strike' Team Leaders, Division IS-700, IS-800 NRP, IS-100, IS-200 and in FY07, IS-300 Command and General Staff, Area, Emergency and EOC Managers IS-700, IS-800, ICS-100, ICS-200 and in FY07, IS-300 and  Identify training needs for EOC staff and city staff  Entry Level  Supervisors, EOC Staff, etc.  IS-400 Online training  - IS100-1 Basic Incident Command (SEMS training)  htploes.rvcfre.org/welcome.do    htp/AminingfeagwEMIWAMISAsIQ.asp  IS200- - Single Incident Resources and Initial Action Incidents - For  supervisory positions Online training  htp/maimngfemasVEMIWeNISA2D.asP IS700-N NIMS Introductory Course Suggested for all EOC/field personnel htp/mminng.femagwvemiwc1Sls70asp IS800- -1 National Response Plan, An Introduction Emergency Management professionals htp/www.training.femagoVEMIWEB/S/s800asp  Online training  Online training  Keepr recordsofall completed courses    RESOLUTION NUMBER, 09-23  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTYOF RIVERSIDE, STATE OF CALIFORNIA, SUPPORTING THE NTEGRATION AND MPLEMENTATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) FOR EFFECTIVELY  HANDLING EMERGENCYSITUATIONS  WHEREAS, the President in Homeland Security Directive- 5, directed the  Secretary of the Department of Homeland Security to develop and administer a National Incident Management System, which would provide a consistent nationwide approach for federal, state, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from disasters, regardless of  cause, size, or complexity; and  WHEREAS, California pioneered the development of standardized  incident management systems to respond to a variety of catastrophic disasters,  including fires, earthquakes, floods, and landslide; and  WHEREAS, in the early 1970s, the California fire service, in partnership  with the federal government, developed the seminal emergency incident command system that has become the model for incident management nationwide; and  WHEREAS, in 1993, California was the first state to adopt a statewide  Standardized Emergency Management System for use by every emergency response organization, and implemented a system to ensure the continual improvement of the  Standardized Emergency Management System; and  WHEREAS, California emergency management professionals have  contributed their expertise to the development of the new National Incident  Management System; and  WHEREAS, it is essential for responding to disasters that federal, state,  local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management,  and designated incident facilities during emergencies or disasters; and  WHEREAS, the California Standardized Emergency Management System WHEREAS, the National Commission on Terrorist Attacks  substantially meets the objectives of the National Incident Management System; and 911Commission) recommended adoption of a standardized Incident Command System  nationwide; and    RESOLTIONNUMBER  Page 2  WHEREAS, the Governor of the State of California has directed the Office  of Emergency Services and Office of Homeland Security in cooperation with the Standardized Emergency Management System Advisory Board to develop a program to integrate the National Incident Management System, to the extent appropriate, into the  state's emergency management system. Wildomar, California, as follows:  NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Section 1. That the City Council of the City of Wildomar, will integrate  the National Incident Management System, to the extent appropriate, into the City's  emergency management system.  Section 2. That the City of Wildomar will utilize the National Incident  Management System which shall be consistent with the integration of the National Incident Management System and the Standardized Emergency Management System  in California.  Section 3. The City Clerk shall certify as to the adoption of this  Resolution and forward a copy to the Governor's Office of Emergency Services.  ADOPTED, SIGNED and APPROVED this  day of  2009.  Mayor, Scott Farnam  ATTEST:  City Clerk, Sheryll Schroeder    RESOLUTIONNUMBER, STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) )S CITY OF WILDOMAR)  Page 3  Sheryl! Schroeder, CITY CLERK OF THE CITY OF WILDOMAR, CALIFORNIA, DO adopted by the City Council of the City of Wildomar at a regular meeting thereof held  HEREBY CERTIFY that the foregoing Resolution Number  was duly and regularly  the vote: YES: NOES: ABSENT: ABSTAIN:  day of  2009, and that it was SO adopted by the following called  City Clerk, Sheryll Schroeder    CAUFJANLA RIMENT FORESTRA FREPAOTECTOR FORESTRY  RIVERSIDE COUNTY FIRE DEPARTMENT Inc cooperation with the  California Department of Forestry and Firel Protection  210) West San Jacinto Avenue . Perris, California 92570 . (951)940-6900 . Fax (951)940-6910  John R. Hawkins Fire Chief unincorporated areas of] Riverside County and the Cities of: Banning * Beaumont * Calimesa * Canyon! Lake : Coachella * Desert Hot Springs * Indian Wells * Indio * Elsinore Lakel * La Quinta * Moreno Valley * Palm Desert * Perris * Rancho Mirage * San. Jacinto * Temecula Board of Supervisors Bob] Buster, District I John' Tavaglione, District2 Jeffs Stone, District3 Wilson, Roy District4 Marion Ashley, District5  Proudly serving the April 22,2009  Mark Bassett, Regional Administrator Governor's Office of Emergency Services 4671 Liberty Avenue Los Alamitos, CA 90720-5158  RE: Riverside County - NIMS SelfCertification Letter  Dear Mr. Bassett,  This letter will serve as Riverside County's National Incident Management System (NIMS) Self Certification Letter of Riverside County's NIMS compliance as directed by September Our compliancy with integrating NIMS and maintaining the Standardized Emergency Management System (SEMS) is based on requirements provided the State of California. The following is a listing of those requirements, and current actions that Riverside County  30, 2006.  by  has taken as part of our implementation process.  NIMS Adopt through  executive  order, proclamations, or resolution as the jurisdiction's  official all-hazards, incident response system, while maintaining SEMS. On February 28, 2006 the Board of Supervisors adopted Resolution No. 2006-051 integration OfNIMS into Riverside County 's Emergency Management System. management and response organizations to encourage them to adopt NIMS. By working through our Operational. Area Planning Committee and geographic: specific Comm groups, we. have disseminated our Riverside County NIMSresolution as a template, and encouraged all entities to adopt same by September 30, 2006. Revise and update plans and SOPs to incorporate NIMS components principles and policies, including training, response, exercises, equipment, evaluation and corrective the County' 's new NIMS compliant Emergency Operations Plan (EOP). Develop a baseline assessment of NIMS requirements  the  approving  Develop outreach efforts to associations, utilities, and  sector incident  private  action. On  February 28, 2006, the Board of Supervisors adopted Resolution 2006-052,  (by completing NIMCAST)  that your jurisdiction already meets and using the baseline, develop a strategy for meeting full NIMS compliance. Our County OES completed the NIMCAST document by working with our State OES representative in December 2005. That baseline study serves as the basis for the development ofthis Implementation Strategy.    NIMS Self Certification Letter- continued- Page 2  September 2006  Promote Intra-State and Interagency mutual aid agreements with the private sector and non-governmental organizations. Begin consideration ofor complete agreements for assistance with private sector emergency response agencies. Begin consideration of or complete agreements for assistance with non- governmental organizations for emergency support. Begin the development of private sector vendor lists. Our County OES staff met with the Building Industry. Association (BIA) twice (November 2005, February 2006, August, 2006) and has begun the process ofidentifing technical specialists and equipment availability through that. source. In addition, we are working to re-activate our County 's business emergency, preparedness association and have a kick offmeeting set for October, 2006 in order to reconnect with the business community and developrelationships and agreements with them. Also, our area. specific "Comm Groups' " each work to identify locally available private sector resources via development and updating oftheir area specific Emergency Resource Directories. Institutionalize within the framework of] ICS, the Public Information System, comprising the. Joint Information System (JIS) and a Joint Information Center (JIC) to ensure organized, integrated and coordinated dissemination of emergency information. This is not a requirement for completion in FY '06; however, significant. strides have been made in this area. County OES staff has met with CDF/County. Fire PIO and USFS PIO. staff to develop a. JIC planj for the Mountain. Area Safety Task Force (MAST) organization in anticipation ofaJuly drill. ThisJIC plan will, serve as a template for creating a more global plan. We are also working with a PIO/media group that our Community. Health Agency started. several years ago to, get that group reactivated and use it as a means to disseminate training and information relative to the. JIC requirements and have ongoing, future meetings scheduled. Incorporate NIMS/ICS into all State, (local and tribal) and regional training and exercises. Participate in an all-hazard exercise program based on NIMS that involves responders from multiple disciplines and multiple jurisdictions. See Training Implementation Matrix, attached. AIL EOC personnel have been trained in a blended cOurSe which nclla1c5/00.C5200. and IS 700. AII entry levelfirst responders are in the process oftaking IS 700. We have also developed an online blended course sO that all County employees can easily access this training. In addition, our County is in preparation) for ai multi-discipline,  mullisjurisdictiona. exercise slatedj for November, 2006.  Respectfully submitted, Mary Moreland Deputy Director  Riverside County Fire Department a Office of Emergency Services    RESOLUTION NO. 09-24  RESOLUTION BY THE CITY COUNCIL FOR THE CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT  CITY OF WILDOMAR AGREEING TO. ABIDE BY THE CALIFORNIA AND  WHEREAS, EARL WARREN, Governor oft the State of California, on the 15th day of November, 1950, executed the California Disaster and Civil Defense Master Mutual Aid Agreement on behalfo oft the State of California and all its Departments and Agencies; NOW, THEREFORE, the City Council oft the City of Wildomar does, by resolution, hereby approve and agree to abide by said California Disaster and Civil Defense Master Mutual Aid Agreement; and the City Clerk is hereby authorized and directed to send a certified copy oft this resolution to the California Emergency Management Agency.  Adopted and approved  (Date)  Mayor Scott Farnam  ATTEST:  City Clerk Sheryll Schroeder  Mail a certified copy to:  California Emergency Management Agency  3650 Schriever Avenue Mather, CA 95655  Master Mutual Aid Resolution    CALIFORNIA  DISASTER AND CIVIL DEFENSE MASTER MUTUAL. AID AGREEMENT  This agreement made and entered into by and between the STATE OF CALIFORNIA, its various departments and agencies, and the various political subdivisions, municipal corporations,  and other public agencies ofthe State of California;  WITNESSETH:  WHEREAS, it is necessary that all oft the resources and facilities oft the State, its various departments and agencies, and all its political subdivisions, municipal corporations, and other public agencies be made available to prevent and combat the effect of disasters which may result from such calamities as flood, fire, earthquake, pestilence, war, sabotage, and riot; and WHEREAS, it is desirable that each ofthe parties hereto should voluntarily aid and assist each other ini the event that a disaster should occur, by the interchange ofservices and facilities, including, but not limited to, fire, police, medical and health, communication, and transportation services and facilities, to cope with the problems ofrescue, relief, evacuation, rehabilitation, and WHEREAS, it is necessary and desirable that a cooperative agreement be executed for the interchange ofs such mutual aid on a local, countywide, regional, statewide, and interstate basis; NOW, THEREFORE, ITIS HEREBYAGREED by and between each and all oft the parties  reconstruction which would arise in the event ofa disaster; and  hereto as follows:  1. Each party shall develop aj plan providing for the effective mobilization ofa all its resources and facilities, both public and private, to cope with any type ofc disaster. 2. Each party agrees to furnish resources and facilities and to render services to each and every other party to this agreement to prevent and combat any type of disaster in accordance with duly adopted mutual aid operational plans, whether heretofore or hereafter adopted, detailing the method and manner by which such resources, facilities, and services are to be made available and furnished, which operational plans may include provisions for training and testing to make such mutual aid effective; provided, however, that no party shall be required to deplete unreasonably its own resources, facilities, and services inj furnishing such mutual 3. Itis expressly understood that this agreement and the operational plans adopted pursuant thereto shall not supplant existing agreements between some oft the parties hereto providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis, but that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto, shall be without reimbursement unless otherwise expressly  aid.    provided for by the parties to this agreement or as provided in Sections 1541, 1586, and 1587, Military and Veterans Code; and that such mutual aid isi intended to be available int the event ofa disaster of such magnitude that it is, or is likely to be, beyond the control ofa single party and requires the combined forces of 4. Itis expressly understood that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto shall be available and furnished in all cases ofl local peril or emergency and in all cases in whichaSTATE OF  several or all oft the parties to this agreement to combat.  EXTREME EMERGENCYhas been proclaimed.  5. Itise expressly understood that any mutual aid extended under this agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the "California Disaster Act" and other applicable provisions oflaw, and except as otherwise provided by law that: "The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him through the operation of such mutual aid plans." (Section 1564, Military and 6. Itis expressly understood that when and as the State of California enters into mutual aid agreements with other states and the Federal Government, the parties tot this agreement shall abide by such mutual aid agreements in accordance with Upon approval or execution oft this agreement by the parties hereto all mutual aid operational plans heretofore approved by the State Disaster Council, or its predecessors, and in effect as to some oft the parties hereto, shall: remain in full force and effect as to them until the same may be amended, revised, or modified. Additional mutual aid operational plans and amendments, revisions, or modifications of existing or hereafter adopted mutual aid operational plans, shall  Veterans Code.)  the law.  7.  be adopted as follows:  a.  Countywide and local mutual aid operational plans shall be developed by the parties thereto and are operative as between the parties thereto in accordance with thej provisions ofs such operational plans. Such operational plans shall be submitted tot the State Disaster Council for approval. The State Disaster Council shall notify each party to such operational plans ofits approval, and shall also send copies ofs such operational plans to other parties to this agreement who did not participate ins such operational plans and who are in the same area and affected by such operational plans. Such operational plans shall be operative as to such other parties 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice oft termination of participation in this agreement, declines to participate in the particular operational plan.  2    b. Statewide and regional mutual aid operational plans shall be approved by the State Disaster Council and copies thereof shall forthwith be sent to each and every party affected by such operational plans. Such operational plans shall be operative as to the parties affected thereby 20 days after receipt thereofunless within that time the party by resolution or notice given tot the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in the The declination of one or more oft the parties to participate in aj particular operational plan or any amendment, revision or modification thereof, shall not affect the operation ofthis agreement and the other operational plans  particular operational plan.  C.  adopted pursuant thereto.  d. Any party may at any time by resolution or notice given to the State Disaster Council, in the same manner as notice oft termination of participation in this agreement, decline to participate in any particular operational plan, which declination shall become effective 20 days after The State Disaster Council shall send copies ofa all operational plans to those state departments and agencies designated by the Governor. The Governor may, upon behalfofany department or agency, give notice that such department or agency declines toj participate in aj particular The State Disaster Council, in sending copies of operational plans and other notices and information to the parties to this agreement, shall send copies to the Governor and any department or agency head designated by him; the chairman ofthe board of supervisors, the clerk ofthe board of supervisors, the County Disaster Council, and any other officer designated by a county; the mayor, the clerk oft the city council, the City Disaster Council, and any other officer designated by a city; the executive head, the clerk of the governing body, or other officer of other political subdivisions  filing with the State Disaster Council.  e.  operational plan.  f.  and public agencies as designated by such parties.  8. This agreement shall become effective as to each party when approved or executed by the party, and shall remain operative and effective as between each and every party that has heretofore or hereafter approved or executed this agreement, until participation ini this agreement is terminated by the party. The termination by one or more oft the parties ofits participation ini this agreement shall not affect the operation oft this agreement as between the other parties thereto. Upon approval or execution of this agreement the State Disaster Council shall send copies ofa all approved and existing mutual aid operational plans affecting such party which shall become operative as to such party 20 days after  3    receipt thereofunless within that time the party by resolution or notice given to the State Disaster Council, int the same manner as notice oftermination of participation in this agreement, declines to participate in any particular operational plan. The State Disaster Council shall keep every party currently advised ofwho the other parties to this agreement are and whether any oft them has declined to participate in any particular operational plan. Approval or execution ofthis agreement shall be as follows:  9.  a. The Governor shall execute. a copy oft this agreement on behalfofthe! State ofCalifornia and the various departments and agencies thereof. Upon execution by the Governor a signed copy shall forthwith be filed with the  State Disaster Council.  b. Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolution approve and agree to abide by this agreement, which may be designated as "CALIFORNIA DISASTERAND CIVIL DEFENSE MASTER MUTUAL AIDA AGREEMENT: " Upon adoption ofs such a resolution, a certified copy thereofshall forthwith be filed with the State Disaster Council. The executive head oft those political subdivisions and public agencies having no legislative or governing body shall execute a copy oft this agreement and forthwith file a signed copy with the State Disaster  C.  Council.  10. Termination of participation in this agreement may be effected by any party as  follows: a.  The Governor on behalf oft the State and its various departments and agencies, and the executive head oft those political subdivisions and public agencies having no legislative or governing body, shall file a written notice oftermination of! participation in this agreement with the State Disaster Council and this agreement is terminated as to such party 20 days Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolution give notice of termination of participation in this agreement and file a certified copy of such resolution with the State Disaster Council, and this agreement is terminated as to such party 20 days after the filing ofs such resolution.  after the: filing of such notice.  b.  INY WITNESS WHEREOF this agreement has been executed and approved and is effective and  operative as to each of the parties as herein provided.  4    Signed by: EARL WARREN GOVERNOR  On behalf oft the State ofCalifornia and alli its Departments and Agencies  ATTEST: November 15, 1950  Signed by: FRANK M.JORDAN SECRETARY OF STATE  OF REKA  CALIFORN  5    Note:  There are: references in the foregoing agreement to the California Disaster Act, State Disaster Council, and various sections oft the Military and Veterans Code. Effective November 23, 1970, by enactment of Chapter 1454, Statutes 1970, the California Disaster. Act (Sections 1500 ff., Military and Veterans Code) was superseded by the California Emergency Services Act (Sections 8550 ff., Government Code), and the State Disaster Council was superseded by the  California Emergency Council.  Section 8668 ofthe California Emergency Services Act provides:  (a) Any disaster council previously accredited, the State Civil Defense and Disaster Plan, the State Emergency Resources Management Plan, the State Fire Disaster Plan, the State Law Enforcement Mutual Aid Plan, all previously approved civil defense. and disaster plans, all mutual aid agreements, and all documents and agreements existing as ofthe effective date oft this chapter, shall remain in full force. and effect until revised, amended,  or revoked in accordance with the provisions ofthis chapter. In addition, Section 8561 oft the new act specifically provides:  "Master Mutual Aid Agreement" means the California Disaster and Civil Defense Master Mutual Aid. Agreement, made and entered into by and between the State ofCalifornia, its various departments and agencies, and the various political subdivisions oft the state, to Substantially the same provisions as previously contained in Section 1541, 1564, 1586 and 1587 ofthe Military and Veterans Code, referred to int the foregoing agreement, are now contained in Sections 8633, 8618, 8652 and 8643, respectively, ofthe Government  facilitate implementation of the purposes ofthis chapter.  Code.  6    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 3F.  GENERAL BUSINESS ITEM Meeting Date: April 22, 2009  TO: FROM:  Honorable Mayor and City Council Members Julie Hayward Biggs, City Attorney  SUBJECT: Registered Sex Offender Residency Restrictions  STAFF REPORT  RECOMMENDATION:  That the City Council introduce and conduct the first reading of the attached ordinance imposing additional residency restrictions on registered sex offenders.  BACKGROUND/ANALYSIS:  On November 7, 2006, the voters of the State of California approved Proposition 83. The law was entitled the Sexual Predator Punishment and Control Act, and is commonly referred to as Jessica's Law." Among other restrictions, Proposition 83 added subsection (b) to Penal Code section 3003.5, which states that registered sex offenders cannot live within 2,000 feet of any public or private school, or park where children regularly gather. Also added was subsection (c) to Penal Code section 3003.5, which allows local jurisdictions to enact local ordinances which further restrict those  areas where a registered sex offender may live.  The scope and validity of the residency restriction contained in Penal Code section 3003.5(b) has been the subject of litigation, and litigation is still pending before the Supreme Court. In short, the courts have interpreted the residency restriction in Section 3003.5(b) as applying prospectively only. In other words, the residency restrictions do not apply to registered sex offenders who were convicted prior to the effective date of the law and who were paroled, given probation, or released from incarceration prior to the effective date of the law. (Doe V. Schwarzenegger, 476 F.Supp.2d 1178 (2007).) In addition, individuals who were convicted and required to register as sex offenders after the date Jessica's Law took effect may also be exempt from the residency restrictions if the jury in their case did not make specific findings supporting the imposition of the residency restriction. (People V. Mosley, 168 Cal.App.4th 512 (2008).) Though neither of these cases involved a residency restriction adopted by a local jurisdiction pursuant to Penal Code section 3003.5(c), the same principles will apply. Moreover, litigation is currently pending before the California Supreme Court involving the issue of whether the residency restrictions in Jessica's  RIV; #4851-1586-3555V1  1    Meeting Date: April 22, 2009  Law may be applied to registered sex offenders whose offenses did not involve children. Also at issue in this case is whether the residency restrictions constitute cruel and  unusual punishment. (Inre E.J. on Habeas Corpus, S156933.)  That said, no court has overturned residency restrictions imposed by a local jurisdiction pursuant to Penal Code section 3003.5(c). In the absence of any such court ruling, the City has the authority to adopt the proposed Ordinance. The proposed Ordinance would prohibit registered sex offenders from living within a Residential Exclusion Zone." Residential Exclusions Zones are those areas within 2,000 feet of a school, park, child care facility (including preschools, nursery schools, day cares and family home day cares) and youth centers. The ordinance calls for the City Council to approve by resolution a map showing the Residential Exclusion Zones. The proposed Residential Exclusion Zone map is attached to this staff report. A resolution formally adopting the map will be brought at the same time as the second reading of the  proposed ordinance. FISCAL IMPACTS: None. ALTERNATIVES: 1. Take no action meeting. Submitted by:  2. Provide staff with further direction and take action at a subsequent Council  Approved by: A  1  City Attorney  E468  Interim City Manager  2  RIVA851-15863855V1    ORDINANCE NO. 29  AN ORDINANCE OF THE CITY OF WILDOMAR, CALIFORNIA, RESTRICTIONS ON REGISTERED SEX OFFENDERS  MAKING  FINDINGS  AND  IMPOSING  RESIDENCY  THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES ORDAIN AS  FOLLOWS:  SECTION 1. Findings  A. On November 7, 2006, the voters of the State of California approved Proposition 83. The law was entitled the Sexual Predator Punishment and Control Act, and is commonly referred to as "Jessica's Law." Among other restrictions, Proposition 83 added Penal Code section 3003.5(b), which states that registered sex offenders cannot live within 2,000 feet of any public or private school, or park where children regularly gather. Also added was subsection (c), which allows local jurisdictions to enact local ordinances which further restrict those areas where a registered sex  offender may live.  B. On January 1, 2007, Proposition 83 went into effect. The intent of Proposition 83 was to better protect Californians, and in particular, the children of this State from sex offenders by imposing residency restrictions on such registered sex  offenders.  C. Current law requires offenders convicted of specified felony or misdemeanor sex crimes to register with local law enforcement officials. There are  approximately 90,000 registered sex offenders in California.  D.  Current law bars parolees convicted of specified sex offenses against a  child from residing within one-quarter or one-half mile (1,320 or 2,640 feet, respectively) of a school. The longer distance is for those parolees identified as high risk to reoffend by the California Department of Corrections and Rehabilitation ("CDCR"). Jessica's Law further prohibits sex offenders from residing within 2,000 feet of a public or private  school, or park where children regularly gather.  E. The Wildomar Municipal Code does not otherwise address or regulate in any manner the restrictions on the residency of sex offenders in close proximity to  schools or parks where children regularly gather.  F.  Recently, several cities in the State of California have adopted ordinances  restricting the residency of registered sex offenders. For example, the City of Long Beach passed an ordinance in 2008, to prohibit sex offenders from residing in a "residential exclusion zone," including those areas within 2,000 feet from the closest property line of a child care center, public or private school grades K through 12, or  park.  G. These ordinances have been passed in response to an increased concern around the protection of children from sex offenders in schools and parks where  RIV #4840-1833-1907v1    children regularly gather. The State of California currently places a high priority on maintaining public safety through a highly skilled and trained law enforcement, as well as laws that deter and punish criminal behavior. Californians have a right to know about the presence of sex offenders in their communities, near their schools, and around their  children.  H. Sex offenders have very high recidivism rates. According to a 1998 report by the U.S. Department of Justice, sex offenders are the least likely to be cured and the most likely to reoffend, and they prey on the most innocent members of our society. More than two-thirds of the victims of rape and sexual assault are under the age of 18. Sex offenders have a dramatically higher recidivism rate for their crimes than any other  type of violent felon. I.  California must also take additional steps to monitor sex offenders, to  protect the public from them, and to provide adequate penalties for and safeguards against sex offenders, particularly those who prey on children. Additional resources are necessary to adequately monitor and supervise sexual predators and offenders.  J.  Global Positioning System ("GPS") technology is an useful tool for  monitoring sexual predators and other sex offenders and is a cost effective measure for parole supervision. It is critical to have close supervision of this class of criminals, to monitor these offenders and prevent them from committing other crimes. Jessica's Law  requires lifetime GPS monitoring of felony registered sex offenders.  K. Currently, the scope of Jessica's Law is the subject of ongoing litigation. On October 4, 2007, four individuals filed petitions for writ of habeas corpus with the California Supreme Court." The petitioners challenged the enforcement of the residency restrictions of Jessica's Law and argued that (a) the restrictions should not apply to them because the crimes for which they were required to be registered as sex offenders did not involve children, (b) the residency restrictions effectively zoned them out of their counties of residence, and (c) the law is unconsttutionally vague and imposes unreasonable conditions on parole. The Supreme Court issued a stay on the application of the residency restrictions to these four individuals while the case is pending. On October 15, 2007, the Supreme Court refused to apply the stay to other parolee registered sex offenders beyond the four petitioners. The Supreme Court denied the application without prejudice to the filing of an action for declaratory and injunctive relief in an appropriate superior court. The matter is still pending before the  Supreme Court. L.  Based on the foregoing, the City Council finds that imposing additional  restrictions on the residency of sex offenders would protect the public health, safety, and welfare. The City finds that an ordinance to restrict the residency of sex offenders  is therefore necessary.  SECTION 2. Restrictions on Convicted Sex Offenders  Ini re. E.J. on Habeas Corpus, S156933.  2  RIV #4840-1833-1907v1    A. In accordance with the authority granted the City of Wildomar under Proposition 83, and pursuant to the findings stated herein, from and after the effective date of this ordinance, registered sex offenders may not reside within a Residential  Exclusion Zone."  B. A Residential Exclusion Zone" shall include those areas located within two thousand (2,000) feet of the closest property line of the subject property to the closest property line of a public or private school grades K through 12, a child care center, including but not limited to day care centers, family home day cares, nursery schools and preschools, a park, or a youth center. A youth center is any facility primarily dedicated to use by individuals under the age of 18 for recreational and sports  purposes.  C. A Residential Exclusion Zone map shall be prepared by the City and adopted by resolution of the City Council. The Residential Exclusion Zone map may be amended by resolution of the City Council from time to time to assure that it reflects  current conditions within the City. SECTION 3. Severability  Ifany provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the  invalidity of any particular portion thereof. SECTION 4. Effective Date  This ordinance shall become effective 30 days after its enactment in accord with  California law.  SECTION 5. Publication  The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once in a newspaper of general circulation printed and  published within the City ofWildomar.  PASSED, APPROVED AND APPROVED this  day of  2009.  Scott Farnam, Mayor  3  RIV840-183-1907v1    ATTEST:  Sheryl! Schroeder, City Clerk APPROVED AS TO FORM:  Julie Hayward Biggs, City Attorney  4  RIV #4840-1833-1907v1    STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF WILDOMAR  ) ) )  I,Sheryll Schroeder, City Clerk of the City of Wildomar, do hereby certify that the foregoing Ordinance No. 09- was duly adopted by the City Council of the City of  Wildomar at a regular meeting, held on the following vote of the Council:  day of  2009, by the  AYES: NOES: ABSTAIN: ABSENT:  Sheryl! Schroeder, City Clerk  5  RIV #4840-1833-1907v1    BAVHI38VZIE  NTHI38VZIB JGSVWVA  o GuS9NIEdS: INIGOI  QHSS37AVE  eN  MOIEGEHE  ZS4883HO ORANGEST  1SAHHEHO ISIONVIO  ISOUVHOBO  ISOAVHOHO  &  ON  au3  OAuONOIR    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item  GENERAL BUSINESS ITEM3 3G. Meeting Date: April 22, 2009  TO: FROM:  Mayor and Members of the City Council Gary Nordquist, Director of Finance  SUBJECT: FY 2008/09 Mid-Year Budget Report and FY 2009/10 Budget Program  Calendar.  STAFF REPORT  RECOMMENDATION:  Approve the recommended mid-year budget changes listed in the Mid-Year Budget Status  Report for Fiscal Year 2008/09.  Approve the recommended Fiscal Year 2009/10 Budget Program Schedule.  BACKGROUND:  The Finance Department prepares quarterly budget updates for the City Council. The purpose of the City's mid-year budget status report is to conduct a comprehensive review of all of the  City's funds to:  Recommended budgetary changes to address known budget deficiencies. Recommend budget changes to align the budget with projected fiscal year end actual  costs.  Identify changes which materially impact fund balances.  DISCUSSION:  The City's initial budget was based on the Comprehensive Fiscal Analysis (CFA) that was prepared April 30, 2007 and served as the fiscal basis for the City's incorporation. Since the City's July 1, 2008 incorporation, significant changes have occurred and budget adjustments are requested to reflect to actual activity needed to run the city. This first year budget is known as the Transition Year" when the City decides which services it will directly provide and which services will continue to be provided by the County or contracted services. During this transition year, the budget is comprised of two major components the City and the County, based on the assumptions in the CFA. As the City has progressed during the transition year several significant changes have  taken place.  1    The building development processing activity that was planned to be performed by the County, has been assumed by the City since incorporation, thus, the budgets are requested to be adjusted from the assumption of the county's performance of these Secondly, the economy is significantly different than the assumptions that were included when developing the CFA in 2006/07. The continuing economic down turn has impacted the City's Sales Tax revenues as well as Property Tax and Development Finally, contributing to the challenge of budgeting for a new city is the concept of fitting 17 months worth of service and non-recurring start-up costs ($399,782) into a budget The concluding document of this report is the Recommend Calendar for the activities of  tasks.  related revenues.  based on a 12 month service model. the FY 2009/10 Budget Program.  ALTERNATIVES: 1. Take no action  2. Provide staff with further direction.  Submitted by:  Approved by:  Gary Finance Director M  &  Reviewed by:  City Attorney  0  2    8  - I 8 1 8 C B 0 3 ) 00 L- C - - S O la D - - $ ) :e le O L 9) E dee D le - 9 3 9 @ 3 a S B B 3 S lB E C de e de a 3 2 e de 0 - e e 2 2  9 S - C E 0 - 00 1n E € 3 of à @ de e e e e 10 10 . e % % K L LL L - 82S  @  E 8      6  0 0 2  /  O      80    de o o  o    2  A  @  à @    00  C  A  le G - 1  € 6    e S  8 €  -  à    $  de    a a  A  $A  o  0 a  N 1 1 7  UA  J  $A  - e a E - 3     U  L  D  3 in  I  t    N 2  a  $A 0o  le 00  00 10    9 -  9 & @ 3 de 8 € I 3 8 E  9 1  5 0 d0 3  3 €  8    G a 5 00 8 6 ( / 0  E E   O  tA  IA  4  2  9    S S a de CU E e S 8  24 :99    VA  RR :80    I  €  à  e n 3 E a  0)  U    8  d0  490  99989    f  9  E  E I 0 e do 8 I  8    E n  - 5  N  n 0o  E 1 a  I    6 @ e d0 -  @ D A  € e de do -    e in do -  198     a  € D y Y  &    EE EE  8  AAN8S38 A888588    9 I &  e @ e  e s  le E D0  &   @ X    m  6    09  S      N 8 in    3  1 e  9 S :    S a S n à  l9  V 3  s I à  6  n 5  s 0 la  8  a 9 e  E I  I  I  2  e   9  e  B L $  de : I I m 8 R %5 I D E DE I - o I 8 - = de a - 5 e a 3 M 5 :   a C -  o :ss s N A E  de €  - = n à 3 S e 3 B 8  a S a 5  I  8  5 E  I  8    A  Q  0 2 5  bn    0  o  2  0  2 o  2  6  e  B  B  6  2  -  f  3  00    5  - -  N  6  N  5  00  D6  B  a    %  f  X        Web-Based Email : Print Print I Close Window  Page 1 of2  Subject: FW: Wildomar Young Marines Community Service From: "Bridgette Moore" ineyetsémeparscopcon  Date: Thu, Mar 26, 2009 11:22 pm sschroeder@cityolwildomar.org>  To: "Scott Farnam (E-mail)" pcAnam2e@msncomo, "Sheryl! Schroeder (E-mail)" Cc: "John Danielson (E-mail)" danielson.assoclates@gmailcom>  The picture was in the Californian newspaper today.  Ihave asked them for April 22. Thanks, Bridgette -----Original Message-  From: Shani Sandler malto-shanisandle@wicomaryoungmarines.com)  Sent: Sunday, March 22, 2009 5:45 PM Shultz; Staovich; Rocky Salmon (Valley News) Subject: Wildomar Young Marines - Community Service  To: Barbara; Wildomar Chamber; Wildomar Chamber; com; Hope; Nealy; Valley News; org; Diane Schram; On March 21, 2009, the Wildomar Young Marines helped stuff approximately 540 backpacks while assisting the Riverside Chapter of the American Red Cross and Operation Military Kid. There were three different backpacks, one for young girls, one for young boys, and at third for older kids (age 91 to 18). The Wildomar Young Marines arrived at the Red Cross facility shortly after 9:00 am with 25 Young Marines not counting adult staff. The Young Marines were quickly tasked to building backpacks, moving materials and ultimately loading vehicles with the finished product. In addition toi the building backpacks, the Young Marines (along with Commanding officer Bill McDonald and Executive Officer Scott Sandler) all recordeda video message directed at the children of military families who have one or both parents deployed. Many of the Young Marines also wrote a number of letters to children of military families as well. While operation Military Kids and the Riverside Red Cross originally asked for volunteers to come and help between the hours of 9:00 am and 1:00 pm, with the help of the Young Marines, all of the backpacks were stuffed by about 10:30 am. This left time for the Young Marines to take a short tour oft the Red Cross facility, learn about the types of things the agency responds to and the equipment they use. We were also reminded about how important remembering to support the Red Cross before a disaster strikes is. While the primary objective of the Young Marines is to reduce youth drug use; community service and support of our nation's military are also core to our values. The idea of having the kids of our unit helping The backpacks that were prepared are intended for delivery to Army Reserve, and Marine Corp familiesi in Southern California, who have recently deployed or will be deployed in April, The Month of the Military  other kids proved to be a very rewarding experience.  Child.  For more information, please see www.widomaryoungmarines.com  Shani Sandler 951-306-4763  www.widomaryoungmarines.com  htp:/email.secureservernelwiew.printmultiphpluidAtray-1963INBOX&aEmlPart-0  3/27/2009    Web-Based Email : Print  Page 2of2  Information from ESET NOD32 Antivirus, version of virus signature database 3953 (20090321)  The message was checked by ESET NOD32 Antivirus.  itp:/www.eset.com,  Information from ESET NOD32 Antivirus, version of virus signature database 3968 (20090327)  The message was checked by ESET NOD32 Antivirus.  htp:/ww.eset.com  Copyright 02003-2009.. All rights reserved.  Atp:/email.secureserver.netview print multiphp/uidArray-1963INBOX&aEmlPart-0  3/27/2009    Web-Based Email : Print Print I Close Window  Page 1 of2  Subject: FW: Emergency preparedness ordinances & resolutions From: "Ron Grider" grereimeestopcom Date: Tue, Apr 21,20099:46am To: sschroeder@cityorwidomar.org>  Sheryll,  Ihave reviewed the modified ordinances andi resolutions, and called Erical Ball concerning some changes she made. Erical has indicated the changes made provide clarity ands some oft the whereas's added confusion, sO she modified them. She also assured me that the changes made do note effect the reason for adoption. guess this is your final  product  Ronald Grider, PE, CBO Building and Safety Services Interwest Consulting Group 4815 W. Russell Rd., Suite 11K Las Vegas, NV 89118 702-476-2200 Office 702-476-2202 Fax 702-232-3117 cell onder@nerwesop.com From: Ball, Erica L. maltotsalebwsewcom, Sent: Mon 4/20/20093:58PM To: Ron Grider Cc: Biggs, Julie Hayward  Subject: Emergency preparedness ordinances & resolutions  Ron,  Ihave looked at the ordinances and resolutions that were forwarded to me. Ihave attached revised and formatted versions of most of them. You'llnote thatihave not attached an ordinance regarding Safety Assessment Placards. The City already has this ordinance in place (see chapt. 15.84 of the County Code, which the City adopted). Also, there was something called an' "OA Signatory Exhibit" that seemed out of As for the rest of the documents, the changes were all just basic formatting and proofing. For the resolution approving the Disaster and Civil Defense Master Mutual Aid Agreement, we're going to need a copy of that agreement attached as Exhibit A. Ifound a copy on the OES website and have attached itj just in case.  place. Idon't know what iti is an exhibit to. You'll have to clarify this for me.  Feel free to give me: a call at your convenience if you want to discuss.  Erica L. Ball Associate Picture (Metafile) BURKE, WILLIAMS&S SORENSEN,LLP Burke, Williams & Sorensen, LLP 2280 Market Street Suite 300 Riverside, CA 92501-2121 951-788-0100 phone  htp:l/email.securesevernetiew.pintmuliphpluidAray-2343INBOX&aEmlPart-0  4/21/2009    Web-Based Email : Print  Page 2of2  951-788-5785 fax 951-801-6629 direct www.bwslaw.com  The information contained in this e-mail message is intended only for the CONFIDENTIAL use oft the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. IfYOU are not the designated addressee. named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFYUS IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE. AT (951) 788-0100. Thank you. IRS Circular 230 Disclosure: In compliance with certain U.S. Treasury regulations, please be informed that unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Service. In addition, ifa any such advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written and () the taxpayer receiving said communication should seek advice based on the taxpayer's particular  circumstances from ani independent tax advisor.  <<National Incident Management System resolution.doc>> <<CA Disaster & Civil Defense Master Mutual Aid Agreement.doc>> <<Resolution re workers comp for disaster service volunteers.doc>> <<Disaster  Relief Ordnanoe.doo<xCAMasieMuAidpd>  Copyright 0: 2003-2009.. All rights reserved.  htp./emalseureservernsMieapintmali,lphaamy-23INBOX8aEmiPart-0  4/21/2009    Web-Based Email : Compose Compose New: Email Send Greeting Cards  Page 1 of1 Need Help E Cancel  Text  Email & Text  Save as Draft Save as Template Check Spelling Schedule Delivery Encrypt Email To: aécyp.ONro. "bob C" casmman@inainecomo,  From: sschroeder@cityofwidomar.org  CC: BCC:  Subject: Council Packet 4-22-09 Add Attachment No Attachments Rich Test  Priority: Normal  Plain Text  Verdana  10pt D 5 B I U : =   B s   Bob, It tried sending your Council packet but it was returned because your Wildomar mailbox is ful again later today, if you don't receive it, it is ready in your mailbox here at City Hall. Sheryl! S.  tp/emalsegureservermelpcomposepny  4/17/2009