CITY OF WILDOMAR CITY COUNCIL  AGENDA 7:00 P.M.  April 8, 2009 Council Chambers 23873 Clinton Keith Road  Scott Farnam, Mayor Bridgette Moore, Mayor Pro Tem Sheryl 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 18,2009  WILDOMAR CITY COUNCIL REGULAR MEETING AGENDA  APRIL 8, 2009  ORDER OF BUSINESS: Publics 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 of 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 to be added to the regular maill list to receivea copy ofthe 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 ofthe governing body. This is the only opportunity for public input except for scheduled public hearing items. The Mayor or chairperson will separately call for testimony at the time ofeach public hearing. Ifyou wish to speak, please complete a "Public Speaker/Comment Card" available at the door. The completed form is to be: submitted to the Mayor priorto an 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 ADDTIONS/DELETONS Items ofl business may be added to the agenda upona motion adopted by a minimum 2/3 vote finding that therei 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 oft the Council.  removed from the Consent Calendar for separate action.    City ofWildomar 3 Council Agenda April 8, 2009  7:00 P.M. Roll Call: Flag Salute: Presentations:  Fire Department Monthly Update  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 oft the Brown Act, thel legislative body is prohibited from discussing or taking action oni 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 ofthese items unless members oft the Council, the public or staff request specifici items be removed  fromi the Consent Calendar for separate action. 1A. Approve the reading by title only of all ordinances.  1B. Approve 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. Approve Warrant Register dated April 8, 2009 in the amount of $294,770.93.    City ofWildomar 4 Council. Agenda April 8,2009  1D. Consider authorizing the Mayor to execute letters of support for Senator Hollingsworth's introduction for Senate Bill 568 (allow a taxpayer to electto 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 reregistration of persons convicted of specified sex offenses be signed under penalty of perjury); Senate Bill 669 (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 ifit has been certified, registered, or approved by a recognized nonprofit organization that provides a credible quality assurance service for applicants or members).  1E. Review and considera authorizing the Mayor to execute. al letter to Governor Schwarzenegger for the approval and licensing of the Murrieta Rancho  Springs Medical Center.  1F. Review and consider supporting aj 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. 1G. Review and consider adopting a Resolution ordering annexation of Street Lighting Zone 88 of] LLMD No. 89-1-Consolidated, confirming the diagram and assessment for: said zone and levying assessments on all assessable lots RESOLUTION NO. 09-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR ORDERING THE ANNEXATION OF STREET LIGTHING ZONE 880FI LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OFTHE CITY OF WILDOMAR AND CONFIRMINGTHE DIAGRAM AND ASSESSMENT FOR STREET LIGHTING ZONE 88 OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTI NO. 89-1- CONSOLIDATED AND LEVYING ASSESSMENTS ON ALL ASSESSABLE LOTS AND PARCELS OF LAND' THEREIN FORTHE FISCAL YEAR 2009-10 Recommended motion: Direct the County of Riverside. Auditor-Controller's Office to establish an interest-bearing sub-fund 20000 to receive deposits  for fiscal year 2009-10.    City ofWildomar 5 Council Agenda April 8, 2009  and interest thereon from Street Lighting Zone 88 ofL Landscaping and Lighting Maintenance District No.8 89-1-Consolidated; in accordance with Section 22655-22656 ofthe Streets and Highways Code.  2.  PUBLIC HEARINGS:  2A. Aj public hearing to consider an amendment to Ordinance 824 adjusting the Transportation Uniform Mitigation Fee (TUMF) applicable to all  development in the City of Wildomar.  ORDINANCE NO. 24 (Introduction and first reading) AN ORDINANCE OF THE CITY OF WILDOMAR AMENDING ORDINANCE N0.824AUTHORZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTYTRANSPORTATION  UNIFORM MITIGATION FEE PROGRAM GENERAL BUSINESS ITEMS: None.  3.  CITY MANAGER REPORT,Assistant City Manager, Terry Fitzwater:  CITYATTORNEY REPORT, Julie Hayward Biggs:  COUNCIL COMMUNICATIONS: FUTURE. AGENDAITEMS: AD)OURNMENT:  The next regular meeting is scheduled for April 22, 2009    City ofV Wildomar 6 Council Agenda April 8, 2009  Ifrequested, 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 thej public meeting may request such modification, accommodation, aid or service by contacting the City Clerk either in 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 3, 2009, ai true and correct copy oft 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.    CONSENT CALENDAR ITEM1B.  CITY OF WILDOMAR MARCH25, 2009 6:00 P.M.  CITY COUNCILSPECIAL MEETING MINUTES  The special meeting ofl March 25, 2009 oft the Wildomar City Council was called to order by Roll Call showed the following Council Members in attendance: Mayor Scott Farnam, Mayor Pro Tem Bridgette Moore, Council Members Sheryl Ade, Bob Cashman and Marsha Staffi in attendance: City Manager John Danielson, City Attorney Julie Hayward Biggs, Development Services Director Michael Kashiwagi and City Clerk Sheryll Schroeder.  Mayor Scott Farnam at 6:00 P.M.  Swanson.  The Special Meeting was called to:  1. Present Certificates of Appreciation to the students ofthe David A. Brown Middle School for the donation ofhandmade quilts and teddy bears to the Riverside 2. Present Certificates of Appreciation to the participants oft the CERT (Community  County Sherriff's Department.  Emergency Response' Training) Training.  Mayor Farnam and Mayor Pro Tem Moore presented the David A. Brown Middle School  students and their teacher, Diana Lee, with certificates.  Mayor Farnam and Mayor Pro Tem Moore presented certificates to the CERT participants.    City of Wildomar Council Minutes March 11,2009 Page 2  ADIOURNMENT: meeting at 6:30 P.M.  With no further business to come before the Council, Mayor Farnam adjourned the special  Respectfully submitted:  Sheryll Schroeder, MMC City Clerk    CONSENT CALENDAR ITEM 1B.  CITY OF WILDOMAR CITY COUNCIL MEETING MINUTES MARCH 25, 2009  The regular meeting ofl March 25, 2009 of the Wildomar City Council was called to order by Roll Call showed the following Council Members in attendance: Mayor Scott Farnam, Mayor Pro Tem Bridgette Moore, Council Members Sheryl Ade, Bob Cashman and Marsha Staffi in attendance: City Manager John Danielson, City Attorney. Julie Hayward Biggs, Supervising Engineer Jon Crawford, Assistant Planning Director Dave Hogan, Finance  Mayor Scott Farnam at 7:00 P.M.  Swanson.  Director Gary Nordquist and City Clerk Sheryll Schroeder.  FLAGSALUTE: PRESENTATIONS:  Flag salute was. led by Council Member Cashman.  Brett Farlow gave the Code Enforcement year to date update.  Council Member. Ade asked that the Council be provided the written statistics. Mayor Farnam told Mr. Farlow ofa a dumping incident on Lost Road and Mr. Farlow said there was surveillance on active dumping sites and he would lookinto the situation. He said it was the responsibility oft the property owner ifito occurred on private property. Mayor Farnam and Mayor Pro' Tem Moore presented Wendy Bankston, Prevent Child Abuse Riverside County, Southwest Chair, with a proclamation for Child Abuse Prevention Mayor Farnam and Mayor Pro Tem Moore presented Mary Mollway with aj proclamation  Month.  for Autism Awareness Month.  John Roberts presented United Way information.  Edie Esquivel informed everyone oft the new: Sycamore Academy of Science and Cultural  Arts programs.    City of Wildomar Council Minutes March 25, 2009 Page 2  COMMUNICATIONS FROM THE PUBLIC: There were: not petitions to speak. 1. CONSENT CALENDAR:  Mayor Pro Tem Moore moved to approve the Consent Calendar, Items 1A A. through 1 E., seconded by Council Member Swanson. Roll Call vote: Ayes: 5. Nays: 0. Motion carried.  1A. Approved the reading by title only ofa all ordinances.  1B. Approved Adjourned Regular City Council Minutes dated March 11, 2009. 1C. Approve Warrant Register dated March 12, 2009 in the amount of $4,616.89,  Warrant Register dated March 18, 2009 in the amount of $721.08, Warrant Register dated March 25, 2009 ini the amount of $43,294.70 and Payroll Warrant Register  dated March 25, 2009 ini the amount of $1,280.28.  1D. Consider approval ofa Resolution approving the Parcel Map 35219, Renaissance Plaza (08-0027) and authorizing the Mayor to sign the Subdivision Agreement. RESOLUTION NO. .09-15 A RESOLUTION OF' THE CITY COUNCIL OF' THE CITY OF WILDOMAR, CALIFORNIA, APPROVING PARCEL MAP NO. 35219 - RENAISSANCE  PLAZA (08-0027)  1E. Consider: signing an endorsement letter supporting the request for financial  assistance in the form ofa grant for the expansion of Anne Sullivan Nursery School  and Kindergarten.  2.  PUBLICHEARINGS: None.  3. GENERAL BUSINESS ITEMS: None.  CITYMANAGER REPORT:  City Manager Danielson shared the Strategic Visioning Plan document. He explained that thej participants were listed as co-authors of the report and encouraged any changes to the    City ofWildomar Council Minutes March 25, 2009 Page3  document.  CITYATTORNEY REPORT:  City Attorney Biggs reported the franchise agreements would be coming to Council shortly,  along with the Jessica's Law ordinance.  COUNCI.COMMENTS:  Council Member Swanson reported she and other Council Members went to a Urban Land Institute conference. She wished her husband a happy birthday. Mayor Pro Tem Moore announced the Rotary was producing a cook book and urged everyone to submit recipes and wished John Lloyd a happy birthday. Ken Pollard of SiteCreators previewed the City's new website, www.Ctpolwldomarors Mayor Pro Tem Moore and Council Member Cashman spoke on the site and urged anyone Mayor Farnam announced three publicmeetings to discuss the I-15 proposed corridor He noted that this weekend, March 28th, the San Diego State Ecological Reserve would hold an open house, meeting att the' Temecula City Hall parking lot: and transporting to their field Mayor Farnam, speaking about the stimulus package, said the government was close to releasing funds for shovel ready projects. RCTC, WRCOG and transportation partners were working to make sure the funds came to California, Wildomar may receiving some ofthe  with changes to contact the City.  improvements.  station.  funding, which he would update when information became available.  FUTURE, AGENDA ITEMS:  Council Member Swanson, noting that the City had adopted the County's distressed and abandoned property ordinance, said that the City had not been enforcing or registering the properties here; they were registering in Riverside and paying the $70 fee to Riverside. She asked thati it be agendized SO that iti is registered locally and the fees paid to the City.    City ofWildomar Council Minutes March 25, 2009 Page 4  ADIOURNMENT: at 7:45 P.M.  With no further business to come before the Council, Mayor Farnam adjourned the meeting  Respectfully: submitted:  Sheryll Schroeder, MMC City Clerk    CONSENT CALENDAR ITEM: 1B.  CITY OF WILDOMAR CITY COUNCIL MEETING MINUTES MARCH 18, 2009 ADJOURNED FROM MARCH 11, 2009  The regular adjourned meeting of March 11, 2009 adjourned to March 18, 2009 oft the Wildomar City Council was called to order by Mayor Scott Farnam at 5:39 P.M. Roll Call showed the following Council Members in attendance: Mayor Scott Farnam, Mayor Pro Tem Bridgette Moore, Council Members Sheryl Ade, Bob Cashman and Marsha Staffi in attendance: City Manager John Danielson, City Attorney. Julie Hayward Biggs, Development Services Director Michael Kashiwagi, and City Clerk Sheryll Schroeder. Mayor Farnam called the meeting to order and provided the flag salute.  Swanson.  COMMUNICATIONS FROM THE PUBLIC:  Sharon Heil asked what a norming session was and City Manager Danielson explained the Gary Andre had requested to speak, he was unavailable, SO Council Member Ade explained  process.  the maps he presented showing north and south Sedco Hills area.  Theadjourned meeting was called to discuss Council Norms and Accepted Procedural  Practices.  The following subjects were discussed and action noted:  Charitable, local & non-profit contributions and participation, will be discussed during the budget process; there will be al line item in the annual budget for contributions. The moratorium will remain in place until after budget process at which time the topic will be  discussed again.    City ofWildomar Council Minutes March 18, 2009 Page 2  Adjourned from March 11, 2009  Fee waivers, stafft to. look at other city's guidelines, City Manager will have no authority to grant waivers, request for fee waivers must go to City Council and pass legal review. For Continuing County services and expectations, staff to continue analyzing, return to Council with recommendations and cost comparisons, formed an ad hoc committee of Mayor Farnam and Council Member Swanson and City Attorney to prepare list of County Road maintenance expectations, staff to continue identifying and inventorying all roads. Based on triage approach, determine what the residents want, cost, risk and priority. City Web site access and links, allow public agencies to have links, allow listings and contact information but disablel link function for private non-profit organizations, churches, schools, with no email addresses. No selling ofadvertising on site. City sponsored events City Manager's responsibility when controversial items are placed on agenda, City Manager to notify Council Members ifa known potential controversial item is placed on the agenda and Council to notify City Manager if they are aware of controversy. Thel honor system for all Council expenses: and reimbursements, expenses: related to entertainment: and alcohol, entertainment is tol be paid for by the Council Member,no consensus on reimbursement foralcohol/adult beverages, subject possibly to return to General plan expectations, subject to bel brought back to Council at a full day workshop, Expectations for Economic Development, to bel brought back to Council at a full day Proclamations, recognitions, and letters ofappreciation, agreed to apply standards Signature blocks, agreed that signature stamps would be kept by City Clerk and used  joint city programs, consider sponsorship.  property within City limits.  Engineer to keep Council updated on progress.  can go on site.  Council at another norming session. tol have budget considerations.  workshop with general plan discussion.  provided by City Clerk.  when Council Members were unavailable for signature.    City ofWildomar Council Minutes March 18, 2009 Page 3  Adjourned from March 11, 2009  These norming procedures will be added to the current norming document.  COUNCIL COMMUNICATIONS:  Itwas discussed and agreed upon by Council Members to select a day within the next four weeks to schedule a full day norming session where Ethics Code, RDA and the City'srole, transition costs, General Plan and economic development would be discussed.  ADIOURNMENT: the meeting.  At8:59 P.M., with no further business to come before the Council, Mayor Farnam adjourned  Respectfully submitted:  Sheryll Schroeder, MMC City Clerk    CITY OF WILDOMAR = CITY COUNCIL  Agenda Item 1C.  CONSENT CALENDAR ITEM Meeting Date: April 8, 2009  TO: FROM:  Mayor and Members of the City Council Gary Nordquist, Director of Finance  SUBJECT: Warrant Register dated April 8, 2009.  STAFF REPORT  RECOMMENDATION:  1. Approve Warrant Register dated April 8, 2009 in the amount of  $294,770.93.  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  Register dated April 8, 2009 are submitted for approval.  DISCUSSION: None.  FISCAL IMPACTS:  As indicated above, the Warrant Register for April 8, 2009 has a budgetary  impact of $294,770.93 which are all included in the FY08-09 Budget.  ALTERNATIVES: 1. Take no action  2. Provide staff with further direction.  1    Submitted by:  Approvedpy: &  Gary Nordquist Director of Finance  City Manager  Attachments:  Warrant Register dated April 8, 2009.  2    City of Wildomar Check Detail April 8, 2009 Name  Date 10 1000 1 Cash Wells Fargo 04/08/2009 (Check) 04/08/2009 (Check) 04/08/2009 (Check)  Type Bill Payment Bill Payment Bill Payment Bill Payment (Check) Bill Payment Bill Payment Bill Payment Bill Payment Bill Payment Bill Payment Bill Payment  Num  Memo/Description  Cir  Amount  1614 Sheryl Ade League of 1615 CA Cities Artisan Goldsmiths & 1616 Awards Naples Plaza Ltd.-Oak 1617 Creek II Diamond W 1618 Events 1619 FastSigns 1620 FedEx 1621 Guardian The Press- 1622 Enterprise 1623 AT&T Terry 1624 Fitzwater Timeless Portraits Photography 1625 by Rhonda Interwest Consulting 1626 Group  -436.46 -436.46 -453.60 -453.60 -226.28 -226.28 -55,264.22 -55,264.22 -3,602.25 -3,602.25 -270.26 -270.26 -123.81 -123.81 -813.66 -813.66 -236.80 -236.80 -317.34 -317.34 -10,144.66 -10,144.66  04/08/2009 (Check) 04/08/2009 (Check) 04/08/2009 (Check) 04/08/2009 (Check) 04/08/2009 (Check) 04/08/2009 (Check) 04/08/2009 (Check)  Bill Payment (Check) Bill Payment  -1,153.95 -1,153.95 -221,727.64 $ (294,770.93)  04/08/2009 (Check)  3    CITY OF WILDOMAR - COUNCIL  Agenda Item 1D. CONSENT ITEM  Meeting Date: April 8, 2009  TO: FROM:  Honorable Mayor Farnam, Members of the City Council Sheryll Schroeder, City Clerk, on behalf of Mayor Farnam and  Mayor Pro Tem Moore  SUBJECT: City Council support of Senate Bill 568, Senate Bill 566, Senate  Bill 668, Senate Bill 669 and Senate Bill 214  STAFF REPORT  RECOMMENDATION:  Authorize the Mayor to execute letters of support to Senator Hollingsworth  forSB568,5B566,566,SB668,5B669 and Senator Benoit for SB 214.  BACKGROUND:  The City of Wildomar has been asked to send letters of support for Senate Bills Senate Bill 568, introduced by Senator Hollingsworth, would, for taxable years beginning on or after January 1, 2009, allow a taxpayer to elect to pay a tax on the sale or disposition of any capital asset, as defined, that results in a net capital gain, as defined, in an amount equal to 2% of the total net capital gain, as Senate Bill 566, introduced by Senator Hollingsworth, would make the unauthorized removal, disabling or tampering with a GPS device affixed as a condition of a criminal court order, juvenile court disposition, parole, or probation acrime, punishable as specified. Existing law provides various programs of in- home detention and monitoring, and regulations conduct on parole, including requiring parolees to wear global positioning system (GPS) devices. Senate Bill 668, introduced by Senator Hollingsworth, would require that the registration, preregistration or reregistration be signed under penalty of perjury. Existing law requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California, and requires preregistration and reregistration as specified.  currently under consideration.  provided.  1    Senate Bill 669, introduced by Senator Hollingsworth, would provide that, at the hearing on the issue of whether the committed person should be conditionally released or unconditionally discharged, the committed person's failure to engage in treatment shall be considered evidence that his or her condition has not changed, and a jury shall be sO instructed. Existing law provides that the Director of Mental Health shall provide each person who is committed as sexually violent predator with an annual written report which shall include consideration of whether the committed person currently meets the definition of a sexually violent predator and whether conditional or unconditional release is in the best interest Senate Bill 214, introduced by Senator Benoit, would provide that a sober living home, as defined, is exempt from licensure under these provisions. Existing law provides for the licensure and regulation of various community care facilities by the State Department of Social Services. Existing law also provides for the licensure and regulation by the State Department of Alcohol and Drug Programs of alcoholism and drug abuse recovery and treatment facilities for adults. The bill will also 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.  of the committed person and the community, as specified.  FISCAL IMPACT:  There is no fiscal impact to supporting the Senate Bills.  ALTERNATIVES: 1. Take no action.  2. Provide staff with further direction.  ATTACHMENTS:  Senate Bills 568, Senate Bill 566, Senate Bill 668, Senate Bill 669 and  Senate Bill 214 and accompanying letters of support.  2    Submitted by:  Approved by: A6  Oh cehucdit Sheryl! Schroeder, City Clerk As requested by Mayor Farnam And Mayor Pro Tem Moore  City  Manager  3    The Honorable Senator Dennis Hollingsworth Senate Minority Leader California State Capitol, Room 305 Sacramento, CA 95814 Fax: (916)447-9008 March 25, 2009  RE: Support of Senate Bill 568 Dear Senator Hollingsworth:  The City of Wildomar is pleased to SUPPORT Senate Bill 568. We strongly support your efforts to support taxpayers through your proposed legislation. The City of Wildomar strives to encourage al business friendly atmosphere while ensuring opportunity SB 568: removes capital gain from being considered as "ordinary" income and would set a flat rate of2%. Our current system oftaxation unnecessarily and unfairly penalizes California citizens for any gains made from the sale of a capital asset. If, however, California were to tax capital gains at a rate of2%, it would create a more equitable rate oftaxation that would also maintain conformity to federal law, neither penalizing nor With thei instability oft today' s economy and the jobless rates on the rise, income received from the sale ofa a home or other capital asset could mean the difference between paying the rent and feeding one's family. For the government to take such a disproportionate share ofa gain - which might be the only income a family may have = will only For these reasons and others, the City ofWildomar supports this important measure.  for all taxpayers in our community.  benefiting one tax bracket over another.  exacerbate the financial insecurity of our state and nation.  Sincerely,  Scott Farnam, Mayor    SENATE BILL  No. 568  Introduced by Senator Hollingsworth  February 27, 2009  An act to add Sections 17041.7 and 23151.7 to the Revenue and Taxation Code, relating to taxation, tot take ettectimmediately, tax levy. SB568, asi introduced, Hollingsworth. Income and corporation1 taxes: Thel Personal Income' Tax Law and the Corporation Tax Law provide that gain or loss upon the disposition of a capital asset is determined This bill would, for taxable years beginning on or after January 1, 2009, allow a taxpayer to elect to pay a tax on the sale or disposition of any capital asset, as defined, that results in a net capital gain, as defined, in an amount equal to 2% of the total net capital gain, as This bill would take effect immediately as ai tax levy. Vote: majority. Appropriation: no. Fiscal committee: yes. The people of the State of California do enact as follows: SECTION 1. Section 17041.7 is added to the Revenue and 3 17041.7. (a) For each taxable year beginning on or after 4 January 1,2009, in the case of the sale or exchange ofany capital asset, as defined in Section 1221 oft the Internal Revenue Code, a taxpayer may elect to pay at taxi in an amount equal to 2j percent of  LEGISLATIVE COUNSEL'S DIGEST  capital gains.  by reference to the adjusted basis oft that asset.  provided.  State-mandated local program: no.  2 Taxation Code, to: read:  99    SB 568  2  any net capital gain, as defined inj paragraph(II)ofs Section 1222 3 (b) Any tax on net capital gain paid by an electing taxpayer 4 pursuant to this section shall bei in lieu ofa any other tax that would 5 otherwise bei imposed on the net capital gain by this part. 6 SEC.2. Section 23151.7i is added to the Revenue and' Taxation 8 23151.7. (a) For each taxable year beginning on or after 9 January 1, 2009, the sale or exchange of any capital asset, as 10 defined in Section 1221 oft the Internal Revenue Code, a taxpayer 11 may elect to pay a tax in an amount equal to 2j percent of any net 12 capital gain, as defined in paragraph (11) of Section 1222 of the 14 (b) Any tax on capital gain paid by an electing taxpayer pursuant 15 to this section shall bei inl lieu ofany other tax that would otherwise 17 SEC.3. This act provides for at tax levy within the meaning of 18 Article IV oft the Constitution and shall go into immediate effect.  2 ofthe Internal Revenue Code.  7 Code, to read:  13 Internal Revenue Code.  16 bei imposed on the capital gain by this part.    The Honorable Senator Dennis Hollingsworth Senate Minority Leader California State Capitol, Room 305 Sacramento, CA 95814 Fax: (916)447-9008 March 25, 2009  RE: Support of Senate Bill 566 (Hollingsworth)  Dear Senator Hollingsworth:  The City ofWildomari is pleased to support SB 566. We believe this legislation provides amuch needed clarification to existing law by defining GPS tampering as a separate Ai number of California parolees who are required to wear an electronic monitor (i.e., GPS device) havel been able to avoid monitoring and detection by removing, tampering with or disabling the GPS device. This bill will serve as a deterrent for parolees and probationers who are subject to electronic monitoring by making GPS tampering a new The City of Wildomar believes that this bill will allow more rapid and direct punishment of these parole violations while additionally allowing more accurate tracking ofthis crime. SB 566 is an excellent step towards ai more effective correction and rehabilitation For these reasons and others, The City of Wildomar supports this important measure.  crime.  and separate offense.  process and improved public safety.  Sincerely,  Scott Farnam, Mayor    SENATE BILL  No. 566  Introduced by Senator Hollingsworth  February 27, 2009  An act to add Section 653.77 toi thel Penal Code, relating toi monitoring  devices.  LEGISLATIVE COUNSEL'S DIGEST  SB 566, as introduced, Hollingsworth. Monitoring devices: Existing law provides various programs of in-home detention and monitoring, and regulates conduct on parole, including requiring parolees to wears global gyAtadysss as specified. This bill would make the unauthorized removal, disabling, or tampering with a GPS device affixed as a condition ofa criminal court order,. juvenile court disposition, parole, or probationa ac crime, punishable as specified. The bill would require the court, ifa applicable, to order restitution in an amount equivalent to the replacement cost of the electronic, GPS, or other monitoring device. By creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establishj procedures fori making that reimbursement. This bill would provide that no reimbursement is required by this act Vote: majority. Appropriation: no. Fiscal committee: yes.  unauthorized rémoval, disabling, or tampering.  for a specified reason.  State-mandated local program: yes.  99    SB 566  2  The people of the. State of California do enact as follows: SECTION 1. Section 653.77 is added to the Penal Code, to 3 653.77. (a) Any person who willfully removes, disables, or 4 tampers with an electronic, global positioning system (GPS), or 5 other monitoring device affixed tol his or her person, or the person ofanother, knowing that the device was affixed as a condition of 7 a criminal court order, juvenile court disposition, parole, or 9 (b) (1) Any person subject to an electronic, GPS, or other 10 monitoring device based on a misdemeanor conviction, ajuvenile 11 adjudication for ai misdemeanor offense, or a criminal court order 12 pending the adjudication ofa misdemeanor who willfully violates 13 subdivision (a) is guilty of misdemeanor, punishable by 14 imprisonment in a county. jail for up to one year, by a fine ofup 15 to one thousand dollars ($1,000), or by both that fine and 16 imprisonment. Ifapplicable, the court shall also impose restitution 17 in an amount equivalent to the replacement cost of the electronic, 19 (2) Except as provided in subdivision (e), any person who 20 willfully removes, disables, or tampers with an electronic, GPS, 21 or other monitoring device affixed to another person where that 22 device was affixed to the other person based on ai misdemeanor 23 conviction, aj juvenile adjudication for ai misdemeanor offense, or 24 acriminal court order pending the adjudication ofa misdemeanor 25 isg gullyofmisdemeanor, punishable byi imprisonment ina county 26 jail for up to one year, by a fine of up to one thousand dollars 27 ($1,000), or by both that fine and imprisonment. Ifapplicable, the 28 court shall also impose restitution in an amount equivalent to the 29 replacement cost ofthe electronic, GPS, or other monitoring device. 30 (c)(1) Any person subject to an electronic, GPS, or other 31 monitoring device based on a felony conviction, a juvenile 32 adjudication: fora a felony offense, ac condition ofparole or probation 33 for a felony offense, or a criminal court order pending the 34 adjudication ofa felony, who willfully violates subdivision (a) is 35 guilty ofa felony, punishable by imprisonment ini the state prison 36 for 16 months, or 2 or 3 years. Ifapplicable, the court shall also 37 impose restitution in an amount equivalent to thei replacement cost 38 oft the electronic, GPS, or other monitoring device.  2 read:  probation, is guilty ofaj public offense.  18 GPS, or other monitoring device.  99    3-  SB566  (2) Except as provided in subdivision (e), any person who 2 willfully removes, disables, or tampers with an electronic, GPS, or other monitoring device affixed to another person, where that device was affixed to the other person based upon a felony conviction,, juvenile conviction for a felony offense, or a criminal court order pending the adjudication of a felony, is guilty of a / felony, punishable by imprisonment in the state prison for 16 months, or 2or 3 years. Ifapplicable, the court shall also impose restitution in an amount equivalent to the replacement cost oft the 11 (d) This section shall not apply to the removal or disabling of 12 an electronic, GPS, or other monitoring device by a physician, 13 emergency medical services technician, or any other emergency 14 response or medical personnel when doing sO: is necessary during 15 the course of medical treatment of the person subject to the 16 electronic, GPS, or other monitoring device. This section shall 17 also not apply where the removal or disabling of the electronic, 18 GPS, or other monitoring device is authorized, or required, by a 19 court of law or by the law enforcement, probation, or parole 20 authority, or any other entity responsible for either placing or 21 monitoring the electronic, GPS, or other monitoring device upon 23 (e) For thej purposes ofthis section, "global positioning system" 24 or "GPS" refers to a network of 24 satellites that orbit the earth 25 and make it possible for people with ground receivers to pinpoint 26 their geographic location. A GPS monitoring device means an 27 electronic device worn by a person, commonly in the form ofa an 28 ankle bracelet, that emitsas signal denoting the person'sg geographic 29 location, whether the person is moving or is stationary. 30 SEC.2. No reimbursement is required by this act pursuant to 31 Section 6 ofArticle XIIIB of the California Constitution because 32 the only costs that may be incurred by a local agency or school 33 district will be incurred because this act creates a new crime or 34 infraction, eliminates a crime or infraction, or changes the penalty 35 for a crime or infraction, within the meaning of Section 17556 of 36 the Government Code, or changes the definition ofa crime within 37 the meaning of Section 6 of Article XIIIB of the California  10 electronic, GPS, or other monitoring device.  22 the person.  38 Constitution.  O  99    The Honorable Senator Dennis Hollingsworth Senate Minority Leader California State Capitol, Room 305 Sacramento, CA 95814 Fax: (916)447-9008 March 25, 2009  RE: Support of Senate Bill 668 (Hollingsworth)  Dear Senator Hollingsworth:  The City of Wildomar is pleased to support SB 668. Wel believe this legislation is important in order to ensure that accurate information is provided by sex offenders when Existing law requires persons convicted ofs specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California. This bill would require that each registration be signed under penalty of perjury. The City of Wildomar believes that California must send a clear message that will make offenders think twice before using falsei information when completing their registration forms. SB 668 is an excellent step towards ai more effective corrections process and For these reasons and others, The City of Wildomar supports this important measure.  they register with local authorities.  improved public safety.  Sincerely,  Scott Farnam, Mayor    SENATE BILL  No. 668  Introduced by Senator Hollingsworth  February 27, ,2009  An act to amend Section 290 of the Penal Code, relating to sex  offenders.  LEGISLATIVE COUNSEL'S DIGEST  SB 668, as introduced, Holingsworth. Sex offenders. Existing law requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California, and requires preregistration and reregistration, as specified. Willful failure to register, preregister, or reregister, as required, is a misdemeanor or felony, depending on the This bill would require that the registration, preregistration, or By expanding the crime of perjury, a felony, this bill would create a The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish] procedures fori making that reimbursement. This bill would provide that no reimbursement is required by this act Vote: majority. Appropriation: no. Fiscal committee: yes. The people of the State of California do enact as follows: SECTION 1. Section 290 of the Penal Code is amended to  underlying offense.  reregistration be signed under penalty of perjury. state-mandated local program.  for as specified reason.  State-mandated local program: yes.  2 read:  99    SB668  -  1 290. (a) Sections 290 to 290.023, inclusive, shall be known 2 and may be cited as the Sex Offender Registration Act. All 3 references to "the Act" in those sections are to the Sex Offender 5 (b) Every person described ins subdivision (c), for thei rest ofhis 6 or her life while residing in California, or while attending school 7 or working in California, as described in Sections 290.002 and 8 290.01, shall be required to register with the chief of police oft the 9 city in which he or she is residing, or the sheriff oft the county if 10 he or she is residing in an unincorporated area or city that has no 11 police department, and, additionally, with the chief of] police ofa 12 campus of the University of California, the California State 13 University, or community college ifhe or she is residing upon the 14 campus or in any of its facilities, within five working days of 15 coming into, or changing his or her residence within, any city, 16 county, or city and county, or campus in which he or she 17 temporarily resides, and shall be required to register thereafter: in 19 (c) The: following persons shall be required to register: 20 Any person who, since July 1, 1944, has been or is hereafter 21 convicted in any court in this state or in any federal or military 22 court ofa violation of Section 187 committed ini the perpetration, 23 or an attempt to perpetrate, rape or any act punishable under 24 Section 286, 288, 288a, or 289, Section 207 or 209 committed 25 with intent to violate Section 261, 286, 288, 288a, or 289, Section 26 220, except assault to commit mayhem, Section 243.4, paragraph 27 (1),(2),(3),(4), or ()ofsubdivision (a) ofSection 261, paragraph 28 ()ofsubdivision (a) of Section 262 involving the use of force or 29 violence for which the person is sentenced to the state prison, 30 Section 264.1, 266, or 266c, subdivision (b) of Section 266h, 31 subdivision (b) of Section 2661, Section 266j, 267,269,285,286, 32 288, 2884, 288.3, 288.4, 288.5, 288.7,289, or3H.1, subdivision 33 (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 34 311.11, or 647.6, former Section 647a, subdivision (c) of Section 35 653f, subdivision 1 or 2 of Section 314, any offense involving 36 lewd or lascivious conduct under Section 272, or any felony 37 violation of Section 288.2; any statutory predecessor thati includes 38 all elements of one ofthea above-mentioned. offenses; or any person 39 whosince: that datel has been or is hereafter convicted ofthea attempt 40 or conspiracy to commit any oft the above-mentioned offenses.  4 Registration. Act.  18 accordance with the Act.  99    -3-  SB 668  1 (d) Every registration, reregistration, and preregistration 2 required by the Acts shall be signedunder) penalty ofperjury. 3 SEC.2. No reimbursement is required by this act pursuant to 4 Section 6 of Article XIIIB of the California Constitution because 5 the only costs that may be incurred by a local agency or school 6 district will be incurred because this act creates ai new crime or 7 infraction, eliminates a crime ori infraction, or changes thej penalty 8 forad crime ori infraction, within the meaning of Section 17556 of 9 the Government Code, or changes the definition ofa crime within 10 the meaning of Section 6 of Article XIIIB of the California  11 Constitution.  99    Thel Honorable Senator Dennis Hollingsworth Senate Minority Leader California State Capitol, Room 305 Sacramento, CA 95814 Fax: (916)447-9008 March 25, 2009  RE: Support of Senate Bill 669 (Hollingsworth)  Dear Senator Hollingsworth:  The City ofWildomari is pleased to support SB 669. This bill restores standards for Sexually Violent Predators (SVPs) that were previously: approved by the legislature but A vast majority ofSVPs refuse treatment while in as statehospital. According to the Department ofl Mental Health, 68% of Sexually Violent Predators are currently refusing treatment. Treatment is imperative due to the alarmingly high recidivism rate ofSVPs after they are released, which demonstrates the need for all SVPs to participate in and This bill would restore a previous requirement that completion ofa treatment program be acondition ofrelease for SVPs. Under this bill, the refusal by a SVP to engage in treatment would be considered evidence that his or her condition has not changed. The City of Wildomar: is proud to support this bill. SB 669 is an excellent step towards a  were chaptered out by Jessica's Law.  complete ai treatment program.  more effective rehabilitation process and improved public safety.  Sincerely,  Scott Farnam, Mayor    SENATE BILL  No.669  Introduced by Senator Hollingsworth  February 27, 2009  An act to amend Section 6605 oft the Welfare and Institutions Code,  relating to sexually violent predators.  LEGISLATIVE COUNSEL'S DIGEST  SB 669, as: introduced, Hollingsworth. Sexually violent predators. Existing law provides that the Director ofMental Health shall provide each person who is committed as a sexually violent predator with an annual written report which shall include consideration ofwhether the committed person currently meets the definition ofa sexually violent predator and whether conditional or unconditional release isi in thel best interests of the committed person and the community, as specified. Existing law also provides that ift the department determines that the person isi no longer a sexually violent predator or conditional release: is in the best interests of thej person and that conditions can be imposed to adequately protect the community, the director shall authorize the committed person to petition the court for conditional release or Existing law further provides that upon receipt of such aj petition for conditional release or unconditional discharge the court shall hold a show cause hearing to determine that probable cause exists for relief. Ifprobable cause is found, then the court shall set al hearing ont thei issue. This bill would provide that, at the hearing on the issue of whether the committed person should be conditionally released or unconditionally discharged, the committed person's failure to engage int treatment shall be considered evidence that his or her condition has  unconditional discharge, as specified.  not changed, and ajurys shall be SO instructed.  99    SB669  This bill would: further require that completion oftreatment programs Vote: majority. Appropriation: no. Fiscal committee: no. The people ofthe State of California do enact as follows: SECTION1. Section 6605 ofthe Welfare and Institutions Code 3 6605. (a) A person found tob be a sexually violent predator and 4 committed tot the custody oft the State Department ofMental Health 5 shall have a current examination of his or her mental condition 6 made at least once every year. The annual report shall include / consideration of whether the committed person currently meets thec definitionofasexully violent predator and whether conditional 9 release to a less restrictive alternative or an unconditional release 10 isin the best interest oft the person and conditions can bei imposed 11 that would adequately protect the community. The State 12 Department of Mental Health shall file this periodic report with 13 the court that committed the person under this article. The report 14 shall be in the form of a declaration and shall be prepared by a 15 professionally qualified person.. A copy of the report shall be: served 16 on thej prosecuting agency involved int the initial commitment and 17 upon the committed person. The person may retain, ori ifhe or she 18 is indigent and sO requests, the court may appoint, a qualified 19 expert or professional person to examine him or her, and the expert 20 or professional person shall have access to all records concerning 22 (b) If the State Department of Mental Health determines that 23 either: (1) the person's condition has sO changed that the person 24 no longer meets the definition of a sexually violent predator, or 25 (2)conditional: release tos al less restrictive alternative is in the best 26 interest of the person and conditions can be imposed that 27 adequately protect the community, the director shall authorize the 28 person to petition the court for conditional release to a less 29 restrictive alternative or for an unconditional discharge. The 30 petition shall be filed with the court and served upon the 31 prosecuting agency responsible for the initial commitment. The 32 court, upon: receipt of the petition for conditional release to a less 33 restrictive alternative or unconditional discharge, shall order a  be a condition ofrelease. State-mandated local program: no.  2 isa amended to: read:  21 the person.  99    3-  SB669  show cause hearing at which the court can consider the petition 2 and any accompanying documentation provided by the medical 3 director, the prosecuting attorney, or the committed person. 4 (c) If the court at the show cause hearing determines that 5 probable cause exists to believe that the committed person's 6 diagnosed mental disorder has sO changed that he or she is not: a 7 dangert to thel health andsafety ofothers andi isi not likely to engage 8 ins sexually violent criminal behavior ifd discharged, then the court 10 (d) Att thel hearing, the committed person shall have the right to 11 bej present and shall be entitled to the benefit ofall constitutional 12 protections that were afforded to him or her at the initial 13 commitment proceeding. The attorney designated by the county 14 pursuant to subdivision ()of Section 6601 shall: represent the state 15 and shall have the right to demand a jury trial and to have the 16 committed person evaluated by experts chosen by the state. The 17 committed person also shall have the: right to demand aj jury trial 18 and to have experts evaluate him or her on his or her behalf. The 19 court shall appoint an expert ift the person is indigent and requests 20 ana appointment. Thel burden ofp proof at thel hearing shall be on the 21 state to prove beyond a reasonable doubt that the committed 22 person's diagnosed mental disorder remains such that he or she is 23 a danger to the health and safety ofothers and is likely to engage 24 ins sexually violent criminal behaviorifdisceharged.7 The committed 25 person 's failure to engage in treatment shall be considered 26 evidence that his or her condition has not changed, for purposes 27 ofany court proceeding held pursuant to this section, and aj jury 28 shall be sO instructed. Completion oft treatment programs. shall be 30 (e) Ifthe court orj jury rules against the committed person at the 31 hearing conducted pursuant to subdivision (d), the term of 32 commitment oft the person shall run for an indeterminate period 33 from the date of this ruling. If the court or jury rules for the 34 committed person, he or shes shall be unconditionally released and 36 (f) In the event that the State Department of Mental Health has 37 reason tol believe that a person committed toi itasasexually violent 38 predator is no longer a sexually violent predator, it shall seek 39 judicial review of the person's commitment pursuant to the 40 procedures set forth in Section 7250 in the superior court from  9 shall set a hearing on thei issue.  29 ac condition ofrelease.  35 unconditionally discharged.  99    SB 669  which the commitment was made. Ifthe superior court determines 2 that thej person is no longer a sexually violent predator, he or she 3 shall be unconditionally released and unconditionally discharged.  0  99    The Honorable Senator John. J. Benoit Senator 37th District California State Capitol, Room 4066 Sacramento, CA 95814 Fax: (916)327-2187 March 25, 2009  RE: Support of Senate Bill 214 (Benoit)  Dear Senator Benoit:  The City of Wildomar is pleased to support SB 214. This bill would create ai meaningful Currently, sober living homes are undefined by statute, opening a large umbrella of State protection for residences to call themselves sober living homes. This shields them from local permitting and code enforcement. Unfortunately, many oft these facilities fail to provide legitimate services or supervision of the residents, instead becoming places to This bill would require that a sober living home be operated as a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or drug abuse, who seek a living environment in which to remain clean and sober. Under this bill, it would be comprised of residents, including live-in managers, operators, or owners, who are living a sober lifestyle. It would also oblige its residents to actively participate in legitimate recovery programs, including, but not limited to, outpatient treatment, 12-step recovery, and other recognized programs of recovery, and maintain current records and meeting attendance. It would mandatei its owners, managers, operalors and residents observe and promote a zero tolerance policy regarding the consumption or possession of alcohol or controlled substances. The City of Wildomar is proud to support this bill. SB2 214 is an excellent step towards a  definition for the term "sober living home".  house parolees and other offenders.  more effective rehabilitation process.  Sincerely,  Scott Farnam, Mayor    SENATE BILL  No. 214  Introduced by Senator Benoit February 23, 2009  An act to add Section 11834.255 to the Health and Safety Code,  relating to residential facilities.  LEGISLATIVE COUNSEL'S DIGEST  SB 214, as introduced, Benoit. Sober living homes. Existing law provides for the licensure and regulation of various community care facilities by the State Department of Social Services. Existing law also provides for the licensure and regulation by the State Department of Alcohol and Drug Programs of alcoholism and drug Thist bill wouldj provide that a sober living home, as defined, is exempt from licensure under these provisions. Thel bill also would provide that ar residence housing those purporting to be recovering from drug and alcohol abuse would be presumed to be a sober living home ifit has been certified, registered, or approved by a recognized nonprofit organization that provides a credible quality assurance service for Vote: majority. Appropriation: no. Fiscal committee: yes. The people of the State of California do enact as follows: SECTION 1. Section 11834.255 is added to the Health and 3 11834.255. (a) The purpose of this section is to provide a 4 definition of a "sober living home" sO as to give both those 5 purporting to operate these facilities and local code and law  abuse recovery and treatment facilities for adults.  applicants or members. State-mandated local program: no.  2 Safety Code, to read:  99    SB214  enforcement agencies the ability to determine whether: residences 2 housing former drug and alcohol abusers are exempt from local (b) For purposes oft this chapter, "sober living home" means a residential property that is operated as a cooperative living arrangement toj provide an alcohol- and drug-free environment for persons recovering from alcoholism or drug abuse, or both, who seek al living environment in which to remain clean and sober, and 9 that satisfies all oft the following requirements: 10 (1) Residents of the facility, including live-in managers, 11 operators, or owners, are living a sober lifestyle. 12 (2) Residents actively participate in legitimate recovery 13 programs, including, but not limited to, outpatient treatment, 14 12-step recovery, and other recognized programs ofrecovery, and 15 maintain current: records of meeting attendance. 16 (3) Owners, managers, operators, and residents observe and 17 promote a zero tolerance policy regarding the consumption or 18 possession of alcohol: or controlled substances, except for 19 prescription medications obtained and used under direct medical 20 supervision. The observation and promotion of this policy may 21 takei intoaccount demonstrable effortsi madel by residents tor respond 22 to, and prevent additional violations of, thej policy. 23 (4) Owners, managers, operators, and residents do not provide 24 onsite any ofthe following services, as they are defined in Section 25 10501 ofTitle 9 ofthe California Code of Regulations:  3 regulation or exercise ofl local police powers.  26 (A) Detoxification services. 27 (B) Education sessions. 28 (C) Individual or group sessions.  29 (D) Alcoholism or drug abuse recovery or treatment planning. 30 (5) Thei number ofresidents who are subject to the sex offender 31 registration requirements of Section 290 of the Penal Code does 32 not excecd thc limit sct forth in Scction 3003.5ofthe Penal Code 33 and does not violate the distance provisions set forth in Section 35 (6) Residents do not require nonmedical care or supervision, as 36 those terms are defined in Section 1503.5 and in' Title 22 oft the 38 (7) Owners, managers, operators, and residents ensure that the 39 property and its use comply with applicable state and local law.  34 3003 of the Penal Code. 37 California Code of Regulations.  99    3-  SB214  1 (C) A residence housing those purporting tol bei recovering from 2 drug: and alcohol abuse shall bej presumed tol be as sober livingl home 3 ift the residence has been certified, registered, or approved by a 4 recognized nonprofit organization that provides a credible quality 6 (d) A sober living home shall be exempt from licensure under 8 (e) Nothing in this section shall be construed to prohibit minor 9 children who are dependents ofar resident ofthe facility from also  5 assurance service for applicants or members.  7 this chapter. 10 residing ini the facility.  O  99    CITY OF WILDOMAR - COUNCIL CONSENT CALENDAR ITEM Meeting Date: April 8, 2009  Agenda Item 1E.  TO: FROM:  Honorable Mayor Farnam, Members of the City Council Sheryil Schroeder, City Clerk, on behalf of Mayor Farnam and  Mayor Pro Tem Moore  SUBJECT: Letter of support for Rancho Springs Medical Center  STAFF REPORT  RECOMMENDATION:  That the City Council authorize the Mayor to send a letter of  support for the approval and licensing of the Murrieta Rancho Springs Medical  Center to Governor Schwarzenegger.  BACKGROUND:  The Office of Statewide Health Planning and Development  (OSHPD) and the California Department of Health Services (CDPH) are responsible for reviewing and approving applications to construct and license new healthcare facilities in California. In early November of 2008, Rancho Springs Medical Center in Murrieta completed a state of the art expanded hospital facility and five months after completion, the Rancho Springs facility has not received final approval licensing to open the facility. The facility is fully  furnished and staffed but unable to provide medical services.  A letter of support has been requested by the Southwest California  Legislative Council, the Regional Business Advocacy Coalition of the Temecula Valley, Murrieta, Lake Elsinore Valley, Menifee and Wildomar Chambers of  Commerce. FISCAL IMPACT:  There is no fiscal impact to the City of Wildomar.  1    ALTERNATIVES:  1. Take no action.  2. Provide Staff with further direction.  ATTACHMENTS:  Letter to Governor Schwarzenegger from Southwest California Draft letter to Governor Schwarzenegger from Wildomar City  Legislative Council Council  Submitted by:  Approved by: fL  Ohuy Cehislu Sheryl! Schroeder, City Clerk on behalf of Mayor Farnam & Mayor Pro Tem Moore  Manager  2    April8,2009  The Honorable Governor Arnold Schwarzenegger  Governor, State of California State Capital Sacramento, CA 95814  Dear Honorable Governor Schwarzenegger:  The City Council oft the City of Wildomar would like to bring to your attention a dire medical service issue Itis our understanding that the Office of Statewide Health Planning and Development (OSHPD)and California Department of Health Services (CDPH) are responsible for reviewing and approving applications to construct and license new! healthcare facilities in California. In early November 2008, Rancho Springs Medical Center located in the City of Murrieta, completed a state of the art expanded hospital facility and five months after completion, Rancho Springs still has not received final approval licensing to open the facility. Thei facilityi is fully furnished and staffed but unable to provide much needed medical services. The opening of the new Emergency Department, Women's Unit and Neonatal Intensive Care Unit is stalled due to CDPH unwillingness to approve the project, negatively impacting the We fear that an unconscionable event, including potential patient deaths, may take place as the population continues to grow and Rancho Springs is denied the ability to open its new facility. The City Council of the City of Wildomar requests your involvement to address the immediate issues of certifying the Rancho Springs Hospital. California residents requiring hospital care are being denied medical services due to uncontrolled bureaucracy. We are asking your assistance in a solution by curtailing the increasing difficulties with hospital construction and licensing in order to provide medical  that impacts thousands of southwest Riverside County residents.  taxpaying citizens of the region.  care and employment in our region.  Sincerely,  Scott Farnam, Mayor  On behalf of the Wildomar City Council    03/24/2009 TUE 10:20 FAX 951 245 9127 LK ELsinore VIy cnamper  WVVL/VUS  SOUTHWEST CALIFORNIA LEGISLATIVE COUNCIL The Regional Business Advocacy Coalition of the Menifee Chamber ofCommerce: and Wildomar Chamber of Commerce 26790 Ynez Court! Temecula, CA 92591 I(866)6 676-5090  Temccula Vallcy Chamber of Commerce, Murricta Chamber ofCommeree, Lakel Elsinore Valley Chamber of Commerce,  ww.SouthwesiCA.biz  March 23,2009  The Honorable Arnold Schwarzenegger Governor, State ofCalifornia State Capitol Sacramento, CA 95814 Dear Governor Schwarzenegger:  The Southwest California Legislative Council (SWCLC) is writing to bring to your attention a potentially dire medical services issue that impacts thousands of lives throughout Southwest Riverside County, an area with a population of approximately 500,000 persons. SWCLC represents 3,120 Itis SWCLC'su understanding that the Office of Statewide Health Planning and Development (OSHPD) and the California Department of Health Services (CDPH) are responsible for reviewing and approving applications to construct and license new healthcare facilities in California. Once OSHPD issues a "Certificate of Occupancy", it is entered into aj process for an array off further reviews by CDPH. The Ine early November 2008, Rancho Springs Medical Center located in the City of Murrieta completed a $53,000,000 state of the art expanded hospital facility; almost five months after completion Rancho Springs still has not received final approval liçensing to open the facility. The completed facility is fully, furnished and staffed with 60 medical professionals including nurses, nurse practitioners, and physicians, but unable toj provide much needed medical services to an already statistically proven The opening of the new Emergency Department, Women's Unit, and Neonatal Intensive Care Unit is stalled due to CDPH unwillingness to approve the project, directly and negativelyimpacting the The Southwest California region's population has almost tripled in recent years and will continue to grow in the years to come. The regions hospital needs are woefully underserved based on state and federal recommendations and ai recently completed study by the University of California Riverside regarding its new School ofMedicine. Had CDPH acted expeditiously five months ago in licensing, the facility at Rancho Springs Medical Center would be providing: (1) 130 patient-bed capacity up from the current 96, 2)17labor/delivery rooms, and 24 post-partum rooms to serve 315 baby deliveries per month; (3)Neonatal Intensive Care Unit with 11 beds, the first and only tertiary care unit in Southwest Riverside County [currently all babies have to be helicopter evacuated to San Diego Countyl; (4) Emergency Department with 271 bays compared to the 8 bays currently available to treat over: 30,000 patients per year. (5) A Sexual Assault Response Team room for privacy in evaluation of sexual assault issues, currently these victims are required to travel 35 miles to the City of] Riverside for follow-up. The hospital's workforce will also increase by 5% with 60 new full-time equivalency. jobs, without considering the jobi multiplier factor, providing employment at a time when California faces an  businesses which employ 63,200 employees.  CDPH has the authority to license the new: facility for use.  underserved population.  taxpaying citizens of the region.  unemployment rate of over 10%.    03/24/2009 TUE 10:20 FAX 951 245 9127 Lk Elsinore Vly Chamber  4003/003  Our citizens and business communities are being denied access to a state oft the art medical care facility due to the lack ofimmediate action by CDPH. Unfortunately, the Riverside County office for CDPH has been unable and/or unwilling to recognize such negative impacts on our communities. From aj purely economic development standpoint, State of California RIMS III Multipliers studies have proven that for every hospital staff person employed, 20.7jobs are created and added to the local economy. Wei fear that an unconscionable event(s) including potential patient deaths may take place as the population continues to grow and Rancho Springs is denied the ability to open its new facility. Southwest California has a patient bed ratio of1.05 per 1000 residents; the State of California average is 2.2 bed ratio per 1000 residents ai rate less than half the rate oft the State of California, because of CDPH failure to act in the SWCLCI has already opened a channel of communication with our local state legislators, cities and community members. It is essential that your office get involved in an official capacity addressing the immediate issues of certifying the Rancho Springs Hospital and to investigate the ineffective CDPH who failed to serve the taxpayers oft the region. California resident's requiring hospital medical care are being denied due to bureaucracy run amok. We are asking for you to join with us to solve this problem. We are hoping to find a solution by curtailing the increasing difficulties with hospital construction and licensing in order to provide medical care and employment in our region. Let us fix this problem here and nows SO  best interest of the citizens oft the State of California.  we may prevent similar issues from happening throughout California.  We look forward to your response.  Sincerely,  RC3  Roger Ziemer Chair  Southwest California Legislative Council  CC: State Senator Dennis Hollingsworth 916-447-9008  State Senator Bob Dutton State Senator. John. J. Benoit Assembly Member Paul Cook  916-327-2272 916-327-2187 916-319-2165  Assembly Member Kevin Jeffries 916-319-2166 Assembly Member Brian Nestande 916-319-2164 California Chamber of Commerce 916-325-1272  City of Temecula City ofl Murrieta City ofLake Elsinore City ofl Menifee City of Wildomar  951-694-6499 951-698-9885 951-674-2392 951-679-3843 951-698-1463    CITY OF WILDOMAR - COUNCIL CONSENT CALENDAR ITEM Meeting Date: April 8, 2009  Agenda Item 1F.  TO: FROM:  Honorable Mayor Farnam, Members of the City Council Sheryl! Schroeder, City Clerk on behalf of Mayor Farnam and  Mayor Pro Tem Moore  SUBJECT: Expressing Council's support of a joint Safe Route to School  project with the Lake Elsinore Unified School District for the submission of a Safe Route to School grant for improvements at  the David A. Brown Middle School.  STAFF REPORT  RECOMMENDATION: Elsinore School District. BACKGROUND:  Council support Safe Routes to School joint project with the Lake  The Lake Elsinore School District is looking to partner with the City  of Wildomar regarding the submission of a Safe Route to School grant for off-site mprovements adjacent to and contiguous with David A. Brown Middle School located within the City of Wildomar. The applicant must be an incorporated City, sO the City of Wildomar will be applying and the District, which has conducted a preliminary traffic study and existing conditions analysis identifying several off- site improvements, will do all the front end work. This is a 90 percent reimbursable program and the District anticipates having the funds to move  forward if the grants are approved.  FISCAL IMPACT:  There is no fiscal impact to the City of Wildomar.  ALTERNATIVES:  1. Take no action  2. Provide staff with further direction  1    ATTACHMENTS: None.  Submitted by:  Approved by:  lei Ckhurde Sheryll Schroeder, City Clerk on behalf of Mayor Farnam and Mayor  Manager  Pro Tem Moore  Sk  2    CITY OF WILDOMAR - COUNCIL Agenda Item 1G. CONSENT CALENDAR ITEM Meeting Date: 04/08/09  TO: FROM:  Honorable Mayor Farnam, Members of the City Council  Juan C. Perez, Director of Transportation, County of Riverside  acting on behalf of the City of Wildomar  SUBJECT: Landscaping and Lighting Maintenance District No.  89-1-Consolidated, Annexation of Street Lighting Zone 88  STAFF REPORT  RECOMMENDATION:  That the City Council adopt the following Resolution:  1.  ADOPT RESOLUTION NO. 09-17, RESOLUTION OF THE CITY OF WILDOMAR ORDERING THE ANNEXATION, AND CONFIRMING THE DIAGRAM AND ASSESSMENT OF STREET LIGHTING ZONE 88 OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 9-CONSOLDAIED, AND LEVYING ASSESSMENTS ON ALL ASSESSABLE LOTS AND PARCELS OF LAND THEREIN FOR FISCAL DIRECT 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 OF LANDSCAPING AND LIGHTING ACCORDANCE WITH SECTION 22655-22656 OF THE STREETS AND  YEAR 2009-10.  2.  MAINTENANCE HIGHWAYS CODE.  DISTRICT NO. 89-1-CONSOLIDATED: IN  BACKGROUND:  On March 11, 2009, a public hearing was held to receive all testimony regarding the annexation of Street Lighting Zone 88 to Landscaping and Lighting Maintenance District No. 89-1-Consolidated (L&LMD No. 89-1-C"). After closing the public hearing, the City Council directed the County of Riverside Director of Transportation, or his designee, to tally the assessment ballots that had been received prior to the close of the hearing. The assessment ballots were to be tabulated on March 12, 2009 at 10:00 a.m. in Conference Room D on the  1    gth Floor of the County Administrative Center. The tabulation shows that votes representing 1 parcel out of a possible 1 were cast, and that 1 vote (or 100%) was cast in favor of the annexation of Street Lighting Zone 88 to L&LMD No. Adoption of Resolution No. 09-17 confirms the assessment levy as indicated in the Engineer's Report for fiscal year 2009-10 for Street Lighting Zone 88 of L&LMD No. 89-1-C and orders the placement of the annual assessment on the  89-1-C and the levy and enrollment of the special assessment.  County's Assessment Roll for fiscal year 2009-10.  FISCAL IMPACTS:  The proposed budget for fiscal year 2009-10 for Street Lighting Zone 88 is $660.00 that will result in an assessment for fiscal year 2009-10 within Street Lighting Zone 88 of $125.22 per acre. Street Lighting Zone 88 includes 1 commercial parcel, totaling 5.27 acres. For the fiscal year in which the future streetlight improvements at Clinton Keith Rd and I-15 are completed, the annual assessment may be increased to an amount not to exceed $187.84 per acre, adjusted for inflation. The annual assessment will be adjusted annually by the greater of 2% or the cumulative percentage increase in the CPI-U for electricity', ifany, as it stands as of March of each year over the base index for March of  2009.  ALTERNATIVES: 1. Take no action.  2. Provide staff with further direction.  2    RESOLUTION NO. 09-17  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR ORDERING THE ANNEXATION OF STREET LIGHTING ZONE 88 TO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1- CONSOLIDATED OF THE CITY OF WILDOMAR AND CONFIRMING THE DIAGRAM AND ASSESSMENT FOR STREET LIGHTING ZONE 88 OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1- CONSOLIDATED AND LEVYING ASSESSMENTS ON ALL ASSESSABLE LOTS AND PARCELS OF LAND THEREIN FOR THE FISCAL YEAR 2009-10 WHEREAS, on January 14, 2009 the City Council (hereinafter the "City Council") of the City of Wildomar (hereinafter the "City") adopted Resolution No. 09-02, pursuant to Section 22608 and Section 22585 et seq. of the Streets and Highways Code, declaring the intention of the City Council to order the annexation of Street Lighting Zone 88 to Landscaping and Lighting Maintenance District No. 89-1-Consolidated (hereinafter "L&LMD No. 89-1-C") of the City pursuant to the Landscaping and Lighting Act of 1972, being Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code, and giving notice of and setting a public hearing for 7:00 p.m. on March 11, 2009 at the meeting room of the City Council and requiring that the notice of the public hearing and assessment ballots be mailed to all owners of property within Street WHEREAS, notice of said public hearing was duly published and mailed as required by Resolution No. 09-02, Section 22626 of the Streets and Highways Code and Sections 53753 and 54954.6 of the Government Code and the assessment ballots were timely mailed to all owners of property within said Street WHEREAS, at 7:00 p.m. on March 11, 2009, as set forth in Resolution No. 09-02, the City Council held a public hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protest or communications made or filed by any interested persons, closed the public hearing and directed the County of Riverside Director of Transportation, or his designee, as an impartial person having no vested interest in the annexation of Street Lighting Zone 88 to L&LMD No. 89-1-C as required by Section 53753(e) of the Government Code to tally the assessment ballots that had been received WHEREAS, the tally of the assessment ballots show that assessment ballots were timely received from the owner of 1 parcel out of a possible 1 parcel and that 1 parcel (100 percent of the assessment ballots received) voted in favor of annexation of Street Lighting Zone 88 to L&LMD No. 89-1-C and the levy of an  Lighting Zone 88 as shown on the equalized tax roll; and  Lighting Zone 88 as shown on the equalized tax roll; and  prior to the close of the public hearing; and  -1-    annual assessment in said Street Lighting Zone 88 beginning fiscal year WHEREAS, the City Council may proceed, pursuant to Section 22631 of the Streets and Highways Code, to adopt a resolution confirming the diagram and assessment, either as originally proposed, or as changed by the City Council, and the adoption of such a resolution shall constitute the levy of an assessment on all assessable lots and parcels of land within Street Lighting Zone 88 of NOW, THEREFOR, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by the City Council in regular session on April 8, 2009 as follows:  2009-10; and  L&LMD No. 89-1-C beginning fiscal year 2009-10.  SECTION1 Findings: The City Council finds: (a) the proceeding recitals are correct;  (b) compliance has been had with all the requirements of the Landscaping and Lighting Act of 1972, being Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code, and Sections 53753 and 54954.6 of the Government Code; (c) ar majority protest to the annexation of and annual assessment of Street Lighting Zone 88 of L&LMD No. 89-1-C has not been filed; (d) the tally of the assessment ballots timely received was 100 percent voted in favor of the annexation of Street Lighting Zone 88 to L&LMD No. 89-1-C and the levy of an annual assessment beginning fiscal year 2009-10, and 0 percent voted no; (e) the City Council may proceed to adopt a resolution ordering the annexation of Street Lighting Zone 88 to L&LMD No. 89-1-C; () the City Council may proceed to adopt a resolution confirming the diagram and assessment for Street Lighting Zone 88 of L&LMD No. 89-1-C either as originally proposed or as changed byi it; and (g) the assessments to be levied on the assessable lots and parcels of land within Street Lighting Zone 88 of L&LMD No. 89-1-C for the provision of electricity to all streetlights in said Street Lighting Zone 88 during the fiscal year 2009-10 as contained in the report of the County of Riverside Director of Transportation which is on file with the City Clerk (hereinafter the Report") are based on benefits derived by such lots and parcels from the availability of such streetlights, and are not based upon the ownership of such lots and  parcels.  SECTION: 2 Annexation: Street Lighting Zone 88, as proposed to be annexed to L&LMD No. 89-1-C, includes all the property subject to Conditional Use Permit No. 03504R1 in the City of Wildomar, County of Riverside, State of California as described in Exhibit "A" attached hereto, shall be and is annexed into L&LMD No.  89-1-C.  -2-    SECTION3 Improvements: The improvements authorized for Street Lighting (a) Providing electricity to all streetlights within the public right-of-way  Zone 88 of L&LMD No. 89-1-C are:  including incidental costs and expenses.  SECTION 4 Confirmation of Report: The Report and the assessment diagram and the assessment of estimated costs for the provision of electricity to all streetlights in Street Lighting Zone 88 of L&LMD No. 89-1-C for fiscal year SECTION! 5 Levy of Assessment Pursuant to Section 22631 of the Streets and Highways Code the adoption of this resolution constitutes the levy of the assessment for the provision of electricity to all streetlights in Street Lighting Zone 88 of L&LMD No. 89-1-C during fiscal year 2009-10, as contained in the Report, and such assessment is levied. The City Clerk is directed to file a certified copy of this resolution, together with the diagram and assessment contained in the Report with the County Auditor-Controller of the County of Riverside, who, pursuant to Section 22645 of the Streets and Highways Code, shall enter on the County Tax Roll opposite each lot or parcel of land the amount SECTION 6 Effective Date: This Resolution shall take effect from and after its PASSED, APPROVED, AND ADOPTED this 8th day of April, 2009 by the  2009-10 as contained in the Report are confirmed.  assessed thereupon, as shown in said assessment.  date of adoption. following roll call vote: AYES: NOES: ABSENT: ABSTAIN:  Scott Farnam, Mayor  ATTEST:  Sheryll Schroeder, City Clerk APPROVED AS TO FORM:  Julie Hayward Biggs, Interim City Attorney  -3-    Meeting Date: M3rd_11_Date  ATTACHMENTS: Exhibit A Resolution No. 09-17 Submitted by: Juanc. Perez A Director of Transportation, County of Riverside acting on behalf of the City ofWildomar Approved as to form:  by;  Inferim City  &  Julie Hayward Biggs City Attorney  3    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 2A. PUBLIC HEARING ITEM Meeting Date: April 8, 2009  TO: FROM:  Council Members  Michael Kashiwagi, Development Services  SUBJECT: A public hearing to 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:  Introduce and waive the full reading, by substitution of title only, an amendment to Ordinance 824 adjusting the Transportation Uniform Mitigation Fee (TUMF) applicable  to all development in the City of Wildomar.  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 of 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: Development Sèrviçes  Attachment:  Approved by: R  Michael  hte/imo City Manager  1. City of Wildomar Ordinance No. 824.6  2    ORDINANCE NO.24  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  AN ORDINANCE OF THE CITY OF WILDOMAR  AMENDING CITY ORDINANCE NO. 824AUTHORIZING PARTICIPATION INTHE  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 schedule 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 a 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: April22,2009  By:  Scott Farnam Mayor  23 Sheryll Schroeder City Clerk  25 APPROVED AS TO: FORM: