CITY OF WILDOMAR CITY COUNCIL  AGENDA 6:00 P.M.  May 13, 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 May 13,2009  WILDOMAR CITY COUNCIL REGULAR MEETING AGENDA  MAY 13, 2009  ORDER OF BUSINESS: Publics sessions of all regular meetings ofthe 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 publicinspection. at City Hall during regular business hours. Ifyou wish to be added to the regular mail list to receive a copy ofthe agenda, a request must be made through the City Clerk's office in writing PUBLIC COMMENTS: Prior to the business portion oft the agenda, the City Council will receive public comments regarding any agenda items or matters within the jurisdiction oft the governing body. Thisi ist the only opportunity for public input except for scheduled public hearing items. The Mayor or chairperson will separately call for testimony at the time ofe each public hearing. Ifyou wish to speak, please complete a "Public Speaker/Comment Card" available at the door. The completed form ist to besubmitted to the. Mayor prior to 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 ADDITIONS/DELETIONS: Items of 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 of 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 of Wildomar 3 Council Agenda May 13, 2009  6:00 P.M. Roll Call:  Recess to Closed Session for the following:  CLOSED SESSION:  1.  CONFERENCE WITH REAL: PROPERTY NEGOTIATORS (Section 54956.8 ofthe Government Code) Property: Negotiators: Julie Cline Negotiating Parties: A& S Property at Clinton Keith, LLC Under Negotiation: Terms and conditions of the potential sale ofar remnant parcel ofreal property located ati immediately adjacent to APN 380-130-015  7:00P P.M.  Reconvene the Wildomar City Council.  Flag Salute: Presentations:  Police and Fire Departments Monthly Updates Picture montage ofl Lost Road code enforcement efforts Proclamation supporting U.: S. Census 2010 Layla Arcelus, Savvy Silver Surfers Group  Finance Director, Gary Nordquist, response to budget  questions  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 ofthe Brown Act, thel legislative bodyi is prohibited from discussing or taking action oni items not listed on the agenda. The City Council encourages members ofthe public to address them at this time SO that your questions: and/or  concerns can be heard.    City ofWildomar 4 Council Agenda May 13, 2009  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 of 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 22, 2009 and adjourned  regular meeting of April 24, 2009.  1C. Approve Warrant Registers dated April 24, 2009 in the amount of $2,149.28, Warrant Register dated April 28, 2009: ini the amount of $996.00, Warrant Register dated May 1, 2009 in the amount of $22,429.33, Warrant Register dated May 13, 2009: in the amount of $31,979.51 and Payroll Warrant Register dated May 13, 2009 in the amount of $1,280.28.  1D. ORDINANCE NO. 25 (2nd reading and adoption) 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 PERTAININGTO BIDS, PURCHASES. AND CONTRACTS. (Introduction and first  reading held April 22, 2009, Item 3E B.)  1E. ORDINANCE NO. 27(2nd reading and adoption) 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. (Introduction and first  reading held April 22, 2009, Item 3D.)  1F. ORDINANCE NO. 28 (2nd reading and adoption) 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 RELIEF IN THE CITY OF WILDOMAR. (Introduction and first reading held April 22, 2009, Item 31 E.)    City of Wildomar 5 Council Agenda May 13, 2009  1G. ORDINANCE NO. 29 (2nd reading and adoption) AN ORDINANCE OF' THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDINGSECTION 11.04.040 OF THE WILDOMAR MUNICIPAL CODE, RELATINGTO REGISTERED SEX OFFENDER RESIDENCY RESTRICTIONS. (Introductionand  first reading held April 22, 2009, Item 3F.)  2. PUBLIC HEARINGS: None.  3. GENERAL BUSINESS ITEMS:  3A. Council consider discussion of the establishment of an ad hoc subcommittee tor review, investigate and report to the Council with regard to the current status and options regarding the Lakeland Village Redevelopment Project  Area.  3B. Consider introduction and first reading of an ordinance establishing: an  administrative citation procedure for the City. ORDINANCE NO.30 (Introduction and 1st reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING SECTION 1.03.080 TO' THE WILDOMAR MUNICIPAL CODE PROVIDING AN ADMINISTRATIVECITATION PROCEDURE.  3C. Consider approval and authorize the City Manger to execute the  Memorandum of Understanding with the Riverside County Emergency Management Agency for joint monitoring ofe emergency ambulance services.  3D. Consider and discuss appointing two Council Members to an ad hoc Finance Committee that would work with the Finance Director to help develop administrative policies and review  monthly financial reports.    City ofWildomar 6 Council Agenda May 13, 2009  3E. Presentation by Douglas Johnson, National Demographics, regarding timeline, procedures and analytical basis for establishment ofe electoral districts. Consideration and  discussion by City Council.  3F. Consider approval ofa a Resolution authorizing the City Manager to sign and execute an agreement for professional consultant services for Western Riverside Council of Governments Clean Cities Program RESOLUTION NO. 09- 25_AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, AUTHORIZING THE CITY MANAGER TO: SIGN AND EXECUTE AN AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS  CLEAN CITIES PROGRAM. writing services.  3G. Discuss and provide direction to staff regarding grant writing and grant  CITY MANAGER REPORT, John Danielson CITYATTORNEY REPORT, Julie Hayward Biggs:  COUNCIL COMMUNICATIONS: FUTURE. AGENDAITEMS: ADJOURNMENT:  The next regular meeting is scheduled for May 27,2009    City ofWildomar 7 Council Agenda May 13, 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 toj participate in thej 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 May 8, 2009, a 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.    By @OMdomar  Balfornia Proclamation  ORATED  WHEREAS: an accurate census count is vital to our community and residents' well-being WHEREAS: more than! $300 billion per yeari in federal and state funding is allocated to WHEREAS: census data ensure fair Congressional representation by determining how  by helping planners determine where tol locate schools, day-care centers, roads and public transportation, hospitals and other facilities, and is used to make decisions concerning business growth and housing needs; states and communities based on census data;  many seats each state will have in the U.S. House of Representatives as well as the redistricting of statel legislatures, county and city councils, and voting  districts;  WHEREAS: the 2010 Census creates jobs that stimulate economic growth and increase WHEREAS: the information collected by the census is protected by law and remains confi- Now, therefore, The City Council of the City of Wildomar does hereby proclaim that we are committed to partnering with the U.S. Census Bureau tol help ensure a full and accurate count  employment opportunities in our community;  dential for 72 years;  in 2010.  Asa a 2010 Census partner, we will:  Support the goals and ideals for the 2010 Census and will disseminate 2010 Census information to encourage those in our community to participate. Encourage people to place an emphasis on the 2010 Census and participate in events and initiatives that will raise overall awareness of the 2010 Census and  ensure a full and accurate census.  Support census takers as they help our community complete an accurate count. Create or seek opportunities to collaborate with other like-minded groups in our community, such as Complete Count Committees, to utilize high-profile, trusted voices to advocate on behalf of the 2010 Census.  Scott Farnam, Mayor  Bridgette Moore, Mayor Pro Tem  Sheryl Ade, Council Member  Marsha Swanson, Council Member  Bob Cashman, Council Member    CITY OF WILDOMAR CITY COUNCIL MEETING MINUTES APRIL 22, 2009  The regular meeting of April 22, 2009 ofthe 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 Staffin attendance: City Manager John Danielson, 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  Mayor Scott Farnam at 7:00 P.M.  Swanson.  Clerk Sheryll Schroeder. FLAGSALUTE:  Presentation oft the colors and flag salute was offered by the Code Enforcement Monthly Update, no one was present to Certificate of Appreciation, Mayor Farnam presented to the Wildomar Young Marines for their participation in preparing  Wildomar Young Marines. provide an update.  PRESENTATIONS:  backpacks for Operation Military Kid.  Gary Andre presented an update on the trail and bike lanes, he referred to a manual on uniform traffic control devices, bike lanes. He: said he designed the bikel lanes with the County, having several meetings with the County in 2006and was approved in January of 2007, but the County leti it go and said let the City deal with it. He noted that the County had strict guidelines, no bike lanes on six lane roads. Hei referred to a section of the manual and said the issue was that the City could determine where they want to put the bikel lanes, forl his design he said he went by County rules and regulations where they wanted them. He expressed concern over. Bundy Canyon being a bike travel route but once iti is widened, he felt a bike lane could be added. Hei indicated there were two maps available for Council and the public to review, one was a trail map, and one was a bike lane map. He asked Council to review it and provide comments on where they want to see bike lanes and return to Council for approval. Regarding trails, he said there was one trail that was duplicated and the City needed to make the determination on which trail to designate. He said the trail map was final except for Lakeland Village, which would happen with the    City ofWildomar Council Minutes April 22, 2009 Page 2  general plan at the end oft the year. He asked Council to review both maps and approve the small trail on Clinton Keith Road between Grand Avenue and Rancho Mirlow Road.  COMMUNICATIONS FROM THE PUBLIC:  Martha Bridges spoke on fire prevention, stating she understood the weed abatement program was inj progress, looking at the neighborhoods, said she saw al lagi in the progress. With the drought season and serious fire possibility, she requested the City to see if there was any way to be more aggressive in weed abatement. She reminded Council that as part of thei incorporation push, there was a clear message sent to the community that the City could afford a second fire station. Having heard nothing about that, she said she thought that should be uppermost on the priority list. She said it was a necessity. Regarding the prohibited use ofa at home fireworks, she requested the City do something to promote that She spoke about a need, inl her opinion, for the City tol have a treasurer who did notl havea direct relationship or potential conflict ofinterest with the contract staff or with Council Codel Possehl, Boy Scout Troop 332, said his troop attended the Spring Camporee for the  information to the publici in advance oft the 4th of) July holiday.  Members.  first time and he announced the various accompishments.  1. CONSENTCALENDAR: 1H. for discussed and action.  Council Member Cashman requested Item 1E. and 1K K. be removed for discussion and Item Regarding 1 E. Council Member Cashman asked ift the code updates and Code. Alert program were a part oft the not to exceed $20,000. Mayor Farnam and City Clerk Schroeder  responded yes. there.  Regarding 11 K., Council Member Cashman informed that the stimulus funds were going Council Member Moore moved to approve the Consent Calendar with Items 1 B. through 1K.,minus Item 1 H., seconded by Council Member Swanson. Roll Call vote: Ayes: 5.  Nays: 0. Motion carried.    City of Wildomar Council Minutes April 22, 2009 Page 3  1A. Approved the reading by title only of all ordinances. 1B. Approved regular meeting minutes dated April 8, 2009.  1C. Approved Warrant Registers dated April 8, 2009 in the amount of $253,7473.31, April 16, 2009 in the amount of $10,991.24, April 22, 2009 in the amount of $29,109.18 and Payroll Register dated April 22, 2009 in the amount of$ $1,280.28. 1D. Reviewed and approved the Treasurer's Report for Cash and Investments for the 1E. Reviewed and authorized the City Manager to enterinto: a contract with Quality Code to codify the Riverside County Code and all Wildomar ordinances into the  month of! March, 2009.  Wildomar Municipal Code and provide annual updates.  1F. Reviewed and adopted 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 BY THE CITY COUNCIL FORTHE CITY OF WILDOMAR REQUESTINGTHEI LOCAL AGENCY FORMATION COMMISSION TO' TAKE PROCEEDINGS FOR' THE DETACHMENT OF LAFCO 2007-39-  1ANNEXATION 111 FROM COUNTY SERVICE. AREA 103  1G. Reviewed and adopted a Resolution supporting the reauthorization of the Federal  Safe Routes to School (SRTS) Legislation.  RESOLUTION NO. 09-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR SUPPORTING" THE REAUTHORIZATION OF THE FEDERALSAFE  ROUTES TOSCHOOL (SRTS) LEGISLATION  11. Reviewed and held second reading and adopted an Ordinance amending the Transportation Uniform Mitigation Fee (TUMF) (public hearing held March 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  25,2009)  UNIFORM MITIGATION FEE PROGRAM    City of Wildomar Council Minutes April 22,2009 Page 4  1J. Reviewed and authorized the City Manager to enter into a contract with Lance, Soll, and Lunghard, LLP toj provide for audit services and preparation ofrequired reports for fiscal years 2008-09, 2009-10, 2010-11.  1K. Authorized the Mayor to execute al 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.  Pulled for separate discusison and action:  1H. Review and consider adoption ofal Resolution supporting the Santa. Ana River Watershed Integrated Regional Water Management Plan. RESOLUTION NO. 09-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA SUPPORTINGTHE "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, CHAPTER 2 PROGRAM  FUNDING.  Jon Crawford, Supervising Engineer, provided the staff report.  Council Member Cashman explained that the City would be approving: a draft plan, thati it was not finalized. His other concern was regarding the language used in the draft, Mayor Farnam said the term was an essential term to the document. He explained that they were looking for ways to clean up the watershed, keeping water usable, the plan would help with ai funding source. He said other jurisdictions were supportive of the plan. Council Member Cashman asked if the City was bound by any terms in the agreement, did  specifically the term NIMBY.  the City have to follow any guideslines put forth by the stakeholders. Mayor Farnam said the City was not bound by anything.  Council Member Cashman noted he did not think it had any substance. Mayor Farnam said WRCOG asked the City to support the plan.  Council Member Ade noted that there were a lot of mandates that would be coming down from the federal and state, government. She said she thought the document    City ofWildomar Council Minutes April 22,2009 Page 5  had al lot to do with their funding steam and funding sources. She felt thati regional agencies were banding together to get more funding and by putting the cities Council Member Cashman explained it only applied to about 30 per cent ofthe city  together there was more power in the unity.  that drains towards the lake.  Mayor Farnam noted that it set no guidelines or restrictions. Council Member Swanson felt that it wanted the cities to work together.  Council Member Cashman asked how the City could become a stakeholder in it since  itappeared the stakeholders were making the decisions. Mayor Farnam explained that the cities were: stakeholders.  Council Member Swanson noted that the cities were governed by state government, which already had rules to operate by. She said the City of Wildomar was in two Council Member Cashman said he liked the principals oft the document, it just didn't Mayor Pro Tem Moore moved to approve Resolution No. 09-20, seconded by Council Member Swanson. Roll Call vote: Ayes: 5. Nays: 0. Motion carried.  water districts.  seem complete tol him.  PUBLIC HEARINGS: None.  3. GENERAL BUSINESS ITEMS:  3A. Discussion regarding direction for the hiring for the positions of City Manager and Assistant City Manager Terry Fitzwater provided the staff report, which included job descriptions and salary ranges. Mr. Fitzwater encouraged two Council Members to volunteer to assist him inj prescreening the applications for City Manager. Mayor Pro Tem Moore and Council Member Ade volunteered.  City Clerk and consider adopting the proposed salary ranges.  It was a consensus of Council tol have Mayor Pro Tem Moore and Council Member Ade assist the Assistant City Manager with the prescreening ofapplications for City Manager    City of Wildomar Council Minutes April 22,2009 Page 6  Mr. Fitzwater explained that thej process for the replacement of the City Clerk would be Council Member Cashman asked ifit was proposed to hire a full time, five day a week, City Manager for the stated salary, to which Mr. Fitzwater responded affirmatively, and he Mr. Fitzwater responded that the salary range was strictly base salary; benefits were adopted some six or eight weeks ago. He added that the benefits were about 33 percent of the salary, plus a car allowance. Hes said the Council would decidei ifthere was anything Council Member Ade asked ifthe tables showing salary ranges contained benefits and Mr.  himself and City Clerk Schroeder. Council approved that process.  asked ift the benefits were. a part oft the suggested salary.  else to negotiate.  Fitzwater responded no.  Council Member Cashman informed it was contingent on the budget.  There were no speakers on this subject.  Mayor Pro Tem Moore moved to adopt the salary ranges for the positions of City Manager and City Clerk, seconded by Council Member Swanson. Roll Call vote: Ayes: 5. Nays: 0.  Motion carried.  3B. Review and consider introduction and first reading of an ordinance providing  purchasing procedures for the City.  ORDINANCE NO.25 (Introduction and 1st reading) AN ORDINANCE OF THE CITY COUNCILOFTHE CITY OF WILDOMAR, CALIFORNIA, ADDING CHAPTERS. 3.06, 3.07 AND: 3.08 TO' THE WILDOMAR MUNICIPAL CODE PERTAINING TO BIDS,  PURCHASES AND CONTRACTS.  Staff report was given by Gary Nordquist, Finance Director..  There were no speakers on this item.  Council Member Ade moved to introduce and hold first reading of Ordinance No. 25, seconded by Council Member Swanson. Roll Call vote: Ayes: 5. Nays: 0. Motion carried.  The Clerk read the title of Ordinance No. 25.    City of Wildomar Council Minutes April 22,2009 Page 7  3C. Review and consider adoption of an urgency ordinance regulating holders ofs state-  issued video franchises.  ORDINANCE NO. 26 (Introduction and adoption) URGENCY ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF WILDOMAR ADOPTING WILDOMAR MUNICIPAL CODE: SECTIONS REGARDING CABLE FRANCHISE. AND VIDEO SERVICE. AND  CONTINUING FRANCHISE FEES.  Staff report was provided by City Attorney, Julie Hayward Biggs.  No speakers were. heard on this item.  Mayor Pro Tem Moore moved toi introduce and hold first reading of Ordinance No. 26, seconded by Council Member Swanson. Roll Call vote: Ayes: 5. Nays: 0. Motion carried.  The Clerk read the title of Ordinance No. 26.  3D. Review and consider introduction and first reading of an ordinance regulating  holders of state-issued video franchises.  ORDINANCE NO. 27(Introduction and 1st reading) 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.  Noj public comments heard on this item.  Council Member Swanson moved to introduce. and hold first reading of Ordinance No. 27, seconded by Mayor Pro Tem Moore. Roll Call vote: - Ayes: 5. Nays: 0. Motion carried.  The Clerk read the title of Ordinance No. 27.  3E. Review and consider adoption of various Resolutions and the introduction and first reading ofan 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 ai major catastrophe and to qualify for the recovery of response costs during  declared emergencies.  UTION    City ofWildomar Council Minutes April 22, 2009 Page 8  RESOLUTION NO. 09-21 Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE AGREEMENT FORI PARTICIPATION IN THE OPERATIONALAREA ORGANIATION OF ORDINANCE NO. 28 (Introduction and 1st reading) AN ORDINANCE OF THE CITY COUNCIL OFTHE 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 RELIEF IN THE CITY OF WILDOMAR  THE COUNTY OF RIVERSIDE  RESOLUTION NO. 09-22 A RESOLUTION OF' THE 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 OFTHE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SUPPORTINGTHE INTEGRATION AND IMPLEMENTATION OF THE NATIONAL: INCIDENT MANAGEMENT SYSTEM (NIMS) FOR EFFECTIVELY HANDLING EMERGENCY RESOLUTION NO. 09-24 A RESOLUTION BY THE CITY COUNCIL FOR THE CITY OF WILDOMAR, AGREEING TO. ABIDE BY THE CALIFORNIA AND CIVIL DEFENSE  SITUATIONS  MASTER MUTUAL. AID AGREEMENT  Ron Grider, Engineering Manager, gave the staff report for the various actions. City Clerk Schroederannounced that Ordinance No. 28, the Chapter numbers were 2.08 Council Member Cashman expressed his surprise that in order to approve an emergency Mr. Grider explained that when a disaster is declared in Riverside County, the resources would be shared between the County and cities and depending on the magnitude of the Council Member Cashman said Homeland Security was for incidents like a war, they had authority and power without the City, and they did not need the City's signature ifthere Mr. Grider explained that the President charged Homeland Security with creating the sharing of resources from the federal level, to state level, down to municipality level.  rather than 2.100.  plan, the City had to sign up with Homeland Security.  disaster, between state and federal.  was ai real emergency.    City ofWildomar Council Minutes April 22,2009 Page 9  Council Member Cashman said the state of California had a sharing of resources and that Mayor Pro Tem Moore explained that the City needed the resolution, that ifthe City wanted toa apply for FEMA funds after an emergency, they would not do ity without the resolution in  was where he wanted tol leave it.  place.  Council Member Ade added that a major disaster could bankrupt the City.  Mayor Pro Tem Moore explained that Fire Captain Beach explained that the City needed to  be aj part of! both the SEMS and NIMS. There were no: speakers on this item.  Mayor Pro Tem Moore moved to approve. Resolution No. 09-21, seconded by Council Member Swanson. Roll Call vote: Ayes: 5. Nays: 0. Motion carried. Mayor Pro Tem Moore moved to introduce and hold firsti reading of Ordinance No. 28, seconded by Council Member Swanson. Roll Call vote: Ayes: 5. Nays: 0. Motion carried. City Clerk Schroeder read the title of Ordinance No. 28 with the corrected Municipal Code Mayor Pro Tem Moore moved to approve Resolution No. 09-22, seconded by Council Member Swanson. Roll Call vote: Ayes: 5. Nays: 0. Motion carried. Mayor Pro Tem Moore moved to approve Resolution No. 09-23, seconded by Council Members Swanson. Roll Call vote:- Ayes: 4. Nays: 1, Council Member Cashman. Motion Mayor Pro Tem Moore moved to approve Resolution No. 09-24, seconded by Council Member Swanson. Roll Call vote: Ayes: 5. Nays: 0. Motion carried.  Chamber 2.08.  carried.  3F. Review and considerintroduction and first reading of an ordinance relating to  registered sex offender residency restrictions.  ORDINANCE NO. 29 (Introduction and 1st reading) AN ORDINANCE OFTHE CITY COUNCIL OF THEC CITY OF WILDOMAR, CALIFORNIA, ADDING SECTION 11.04.040 OF THE WILDOMAR MUNICIPAL CODE, RELATINGTO REGISTERED SEX OFFENDER  RESIDENCY RESTRICTIONS City Attorney Biggs provided the staff report. There were no speakers addressing this item.    City ofWildomar Council Minutes April 22, 2009 Page 10  Council Member Cashman asked ifthis was the ordinance that the City was not going to City Attorney Biggs responded that was correct, explaining that there was a case pending in the California Supreme Court that will address some oft the issues inj Jessica's Law to determine whether the law is constitutional. Rather than take the risk ofe enforcing the law immediately she said, the City has chosen to adopt it and go: forward with enforcement Mayor Pro Tem Moore moved to approve introduce and hold first reading ofOrdinance No. 29,seconded by Council Member Ade. Roll Call vote: Ayes: 5. Nays: 0. Motion carried.  enforce until litigation had been settled.  once there wasi resolution at the Supreme Court level.  The Clerk read the title of Ordinance No. 29.  3G. Review and consider thel 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 twith projected fiscal year end actual revenues and expenditures and identify changes  which materially impact fund balances.  City Manager Danielson noted that this was the first year transitional budget that the Council would be making adjustment to. This willl be the only budget passed that had not been written by the City, this budget was adopted from a CFA back in 2007, adding that they had done a very good job. He added that the persons who wrote the budget could not have known all oft thet things that would make up the City. He said it was an incomplete budget, because it did not! have all the sales tax, only what was known. He explained that this was the reason to have a mid-year budget review and that the City would have one. every mid-year or quarterly. He: said it gave the City the opportunity to adjust funds  pursuant to what was occurring at that time.  Staff report was provided by Finance Director Gary Nordquist.  Kristin Lloyd said she was speaking on behalf ofag group of concerned citizens. She: said the adopted budget signed by the City last year, "the revenue and expenditure projections will be evaluated to insure that most current economic factors are being considered to determine the City'sability to operate in a financially responsible manner. Staffv will return to Council atl least on a quarterly basis" and she said the City was at least six months into it and this was the first time they were: seeing it. The financial updates and any required adjustments to the operating budget, she said, were already there and it was already three  months late.    City ofWildomar Council Minutes April 22,2009 Page 11  One of the things she wanted toj point out on the Treasurer's Report, the one point five million in LAFCO funds for the past two months had not received any interesti income. She said it did receive it one time and she wanted tol know why it was on hold or where it was Heri next concern she said was that the City was not only spending more than the approved Number three concern, tonight's budget did not consider or address the decrease in revenue. She said on page 22 oft the agenda packet, was the Riverside County actual by department, income and revenue expenditures. "If you go down to the totals, annual budget is7 7.5 million dollars; the annual budget ofe expenditures is 8.7 million. So right out the gate, County doesn'thave. a balanced budget." She noted that year to date they had received 2.1 million dollars but they spent 3.2 million dollars, sO they already had spent more than She said she wanted to make sure the City was not going to be stuck with what happened in Lake Elsinore, when they were surprised in the first quarter, with a significant $700,000 She presented a document that she said was based on a public information act, revenues to date estimated revenue, Council budget; she said the City was: still 4.9 million dollars in the Council MemberAde: said she felt almostallofthatwasaddressed in the presentation. Council Member Cashman said they brought up what they considered legitimate concerns and maybe staff should go over the concerns to make sure they are satisfied with staff's Finance Director Nordquist responded that the statement that there had not been an interest allocation in two months in the Treasurer's Report, explained that was because the City only received quarterly interest payments from LAIF. After they receive their quarterly payment, it would be posted to the general fund and the other funds, he noted. Regarding the other items, he encouraged an opportunity to go through the issues raised. Council Member Ade noted that one of the issues raised was that the City was late getting to the midyear review; she acknowledged that by saying the City started to discuss the budget issues in February sO Council would have time to do a correction to the budget. She encouraged the group to make their statements to the Board of Supervisors because Mr.  going.  budget, but that they were spending more than they were receiving.  received.  jump.  negative.  interpretation and response.    City ofWildomar Council Minutes April 22,2009 Page 12  Kashiwagi was meeting weekly with the County, the City was asking for the numbers telling them the City wanted to get started. She added that she told Supervisor Buster that the City wanted to get started in February, but were: not getting thei information. The County held the City up, she noted and the City still did not have all the final numbers from the County, Mayor Pro Tem Moore added that the City did receive a first quarter review from Finance  they had to use best estimates. Director Misty Cheng.  Ms. Lloyd asked to use Gina Castnon's 3 minutes to speak.  Kristin Lloyd said she understood the City was waiting for the County's numbers but that she also knew there was a revenue and expenditure that came in monthly. She said what Gina was requesting, if the City had broken it down by revenues and expenditures, say sales tax, the City's revenues were: $194,000, the City's estimated revenue and that was based on what the City received SO fari in a 12 month period was $291,000 but the approved budget was at $693,000. She said at that point, the City could have seen an adjustment needed to be made. She said they were requesting a monthly expenditure and revenue by debt report be added to the agenda packet. She said she knew that was not how the City worked but since they were a new city, they could make their own rules. They also requested an hourly breakdown, using Interwest as an example, she said they give an hourly breakdown of staff but they wanted to see what project and task staff was working on sO they could apply them and make sure the County was not also charging the City for them. Mr. Nordquist informed he was working on designing a monthly financial report hopefully by the first ofJuly. Regarding the sales tax figures, he: said Ms. Lloyd was right, the City was off target by $401,000 and that was what the mid-year budget was addressing, the City needed to make that change. Regarding thel labor reports, he said it would take a great deal ofeffort, thel last one produced involved about 18 hours ofwork to pull the numbers together. He said he would look to see ift there was a more efficient way to gett the numbers  together.  Mayor Farnam noted he had aj model he worked on and he offered to share it. City Manager Danielson asked Mr. Nordquist to comment ift the City was deficit spending. Finance Director Nordquist answered, no; the City was not deficit spending. Regarding the question from City Manager Danielson if the City would end up in the red at the end oft the fiscal year, Mr. Nordquist said no, the City had an agreement with the County, that to the extent the Countysexpendtures exceed their revenues for the services they were    City ofWildomar Council Minutes April 22,2009 Page 13  providing to the City, the City would owe them that money and have to pay them back over ai five year time period at: ai four percent interest rate, which was in the CFA. Council Member Cashman asked where the park dollars were accounted for and Mr. Nordquist said they were: noti ini the budget, EDA oft the County was handling them and that would be a future budget discussion. Council Member Cashman felt there should be an Mayor Farnam said it was frustrating to try to get the figures but that the City had come: a long way. He suggested that while working through the next six months getting to the 2009-10 budget, and regarding the Treasurer's position, he suggested setting up an ad hoc committee, two members of Council, to meet monthly with the Finance Director and bring Council Member Swanson moved to approve the mid-year budgeti treview, approve the recommended budgetary changes to address known budget deficiencies and approve the recommended budget changes to align the budget with projected fiscal year end actual revenues and expenditures and identify changes which materially impact fund balances. Seconded by Council Member Ade. Roll Call vote: Ayes: 5. Nays: 0. Motion carried. Council Member Swanson moved to approve the 2009-10 budget schedule, seconded by Council Member. Ade. Roll Call vote: Ayes: 5. Nays: 0. Motion carried.  accounting of those funds.  back suggestions regarding the questions ofa' Treasurer.  CITYMANAGER REPORT:  City Manager Danielson asked City Engineer, Mike Kashiwagi, to make an announcement Mr. Kashiwagi reported that the Public Works Department would host request for proposals for traffic signal maintenance and the other for the remaining activities, like street maintenance, signing and striping. Hea added that he thought it would go out about Mr. Danielson reported that the City's Code Enforcement Officer, Les, had done a wonderful job on the cleanup ofLost Road and he requested a picture montage at the next meeting to show the efforts of code enforcement. City Manager Danielson said hel hoped to get  on Requests For Proposals that were, going out.  May 1st and return to Council about June 1st.  community involvement tol keep the area clean.  CITYATTORNEYREPORT:  Julie Hayward Biggs, City Attorney, reported that the Cityl had reached agreement with Lake Elsinore for the Lost Road Maintenance Agreement and she would have it ready for signature by the Mayor. Regarding the districting issue, she responded tol Mayor Farnam's question, that National Demographics had obtained all the information and was now doing    City ofWildomar Council Minutes April 22, 2009 Page 14  the calculations. COUNCIL COMMENTS:  Mayor Pro Tem Moore announced that Saturday there would be a Community Services Fair  sponsored by the Rotary and the Wildomar Community Council.  She said a CERT class was being held in Perris. Department, Fire Department: and various churches.  She explained she attended a chaplain meeting, chaplains from Riverside County Sheriff's She said the City held an Emergency Summit, which was very well attended. She reported that she attended an Elk's dinner where the City presented scholarship Council Member. Ade reminded everyone that the General Assembly for the Southern California Association of Governments would be in La Quinta on May 7 and 8 and she encouraged Council Members to attend toj participate: ini the discussion on SB 375. Mayor Farnam reported that he, the City Manager, Mayor Pro Tem Moore, Council Members Ade and Swanson attended the Edison breakfast that day. Mayor Farnam announced he would be on a radio show on Monday, KTIE AM.  winners with certificates of achievement.  FUTUREAGENDA ITEMS:  Mayor Farnam requested staff work on a contract fora a grant writer and that discussion of  the item be brought to a future agenda.  ADIOURNMENT:  With no further business to come before the Council, Mayor Pro Tem Moore moved to adjourn to April 24, 2009 at 9:00 AM, norming session workshop to discuss:  (1) Review and discussion of the General Plan (3)Iftime permits, the following:  (2) Presentation by the City Attorney's Office regarding Website access  Parks Committee, role and responsibilities Discussion regarding an Ethics Code RDA and the City's role Discussion regarding Economic Development    City ofWildomar Council Minutes April 22, 2009 Page 15  Motion to adjourn was seconded' by Council Member Swanson. Roll Call vote: Ayes: 5.  Nays: 0. Motion carried.  The meeting adjourned at 9:15 P.M.  Respectfully submitted:  Sheryll Schroeder, MMC City Clerk    CITY OF WILDOMAR CITY COUNCIL MEETING MINUTES ADJOURNED MEETING OF APRIL22,2009  APRIL24, 2009  The regular adjourned meeting of April 22, 2009 of the Wildomar City Council was called to  order on April 24, 2009 by Mayor Scott Farnam at 9:00 A.M. The workshop was called to discuss the following:  (1) Review and discussion ofthe General Plan (3). Iftime permits, the following:  (2)E Presentation by the City Attorney's Office regarding Website access  Parks Committee, role and responsibilities Discussion regarding an Ethics Code RDA and the City's role Discussion regarding Economic Development  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  Swanson.  Staffi in attendance: City Manager John Danielson, Assistant City Attorney' Tom Jex, Assistant Planning Director Dave Hogan, Planning Director Eric Norris, Finance Director Gary Nordquist and City Engineer Mike Kashiwagi and City Clerk Sheryl! Schroeder.  Planning Director Norris lead the discussion of the general plan and possible amendments.  Council's general plan discussion was as follows:  Top three things about Wildomar are:  1. 2. 3. 4. 5. 6. 7. 8.  Ridgelines/hills Nature/natural areas Compact city size Small town feel  Uniqueness, large lot residential areas  Walk. ability, easy to walk from place to place, distances small enough  Great community involvement  Arroyos & riparian areas, but fewer than in the past    Wildomar City Council Minutes  Regular Adjourned Meeting April 22,2009  April 24, 2009 Page3  9.  Rural lifestyle, horses, properties large enough to support rural lifestyle  10. Individuals make a difference  Top issues:  1. Fiscal viability (balance with rural character) challenge! 2. Emergency preparedness, bei ready to be: self-reliant  3. Roads, publicand private 5. - Sewer capacity, urgent  4. Hydrology/flooding, lack of curbs, gutters, storm drains, need creative solutions 6. Beautification, improve roadways & right ofways, landscaping, community clean  up  7. "Adoptal Trail", way to maintain trails (trail master plan)  8. Providing for higher education 9. Preserve small-town feel  "IfIwere "King, Iwould...":  1. Build a community center: city hall, library, park, swimming pool, community  fair; gathering place/downtown" 2. Sports/equestrian complex 3. Improve the roadway system 4. Flyover over freeway 5. Better access tol business park 6. Connectivity  7. Create zones/overlay to protect rural areas 8. Fire station (east side) and emergency ops center  9. Bring colleges to town  General Plan Options:  1. Plan during the slow time  2. Look at what would be lost ift the plan isn't updated (balance with ability to pay  and need to bring in development (riparian area, arroyos) 3. Small steps: both support future development 4. Identify deficiencies in the current general plan 5. Amend the general plan, don'ttotally update now  a. Circulation b. Infrastructure  6. Work to build a tax base    Wildomar City Council Minutes  Regular Adjourned Meeting April 22,2009  April 24, 2009 Page 4  7. Minimum update - focus on legal requirements & Council priorities 8. "Reasonable" update, put new policies in forl high priority issues (arroyos, etc.)  9. Look at costs to implement  10. Doi important things first, then "want to" items 11. Look at Sedco area (potential priority) 12. Look atj priorities, study, look at cost and then decide 13. Annual budget line item 14. Sedco is not a priority 15. Circulation & housing: priorities 17. Line item in budget staff starts working 20. Historic element 22. Get organized 23. Price tags 24. Back to Council  16. rcuatom/mirastructure special improvements, not: a total makeover 18. Circulation, infrastructure, housing, potential lost opportunities  19. Study issues and priorities, add to list at Council meetings, get consensus before 21. Finance Director will look at how to pay for this (make take a long time)  Wrap up noted the first steps were to get the general plan organized, determine the funding necessary and return the staff recommendation to Council. Next item was a presentation byt the City Attorney's Office regarding Website access, a memo from the City Attorney's Office was presented by Assistant City Attorney Jex. Mr. Jex said three things must occur to get the City's website to be considered a non-public forum: (1) detailed specific criteria that contains categories of entities that you would allow to put their link on the City's site; (2) the policy cannot give too much discretion to whoever makes the decision to decide on a random case by case basis, it must be specific enough SO that staff making the decision to allow or not allow, have clear direction; and (3) the criteria established cannot bel based on the viewpoint oft the entity that wants to put a link on the City's web: site. He used the example of a recent law suit. He said the City of Claremont had a policy with excellent criteria for a category ofe entities. Council Member Cashman asked ifal listing was considered al hyperlink and Mr. Jex said he did not know ofa any case that made a distinction between the two. He: said the legal principle still applied, ifthe city allows it on the website, whether iti is al link or not a link, It was agreed that staffwould work on a policy and return to Council for discussion.  thej principles still applied.    Wildomar City Council Minutes  Regular Adjourned Meeting April 22, ,2009  April 24, 2009 Page 5  The Council discussed the consideration of having a presence on a face book page. Itwas Council's feelings that there was not enough information for a decision. The City Attorney will research the information, cost and legal implications and return to Council at a possible The Council began discussion on the next item, RDA. Mayor Farnam said he felt the City needed to negotiate with the Board of Supervisors to either break up thel RDA and the City take its fair: share and the County take Lakeland Village ori it becomes a Joint Powers Authority and the five Council Members sit with the five Supervisors on RDA issues. Council Member Ade noted that the Council had asked for a "white paper" on the subject Council Member Cashman informed that the RDA was formed as the result ofal law suit. It was a consensus of Council to pursue negotiation with the Board of Supervisors to bring Next discussion was on the role and responsibilities oft the Park and Recreation Committee. City Manager Danielson explained that the original intent oft the committee wasa continuation of what Bridgette Moore, Marsha Swanson and John Lloyd had been doing before incorporation. He said he felt thati now this was a real committee, money being spent and decisions being made. He noted that itt time to understand the extent oftheir Discussion centered around what the County was providing and the $300,000 collected and Council Member Swanson said the committee was reviewing what the public wanted to see in the way of recreation and that was brought to Council a few weeks ago. She explained the committee was working on general rules and regulations which would also come to Council for approval. She said the committee was still planning on using the County, the Council Member Cashman informed that he did not think the City knew who owned what Council Member Swanson said the parks were still in the County's name, staff was working  study session.  and she did not believe the Council had received that as ofyet.  the RDA under the City'sj jurisdiction, afterreviewing the' "white paper".  authority.  spent in Wildomar.  City wanted control over what programs are provided.  parks and in what way. on an inventory.    Wildomar City Council Minutes  Regular Adjourned Meeting April 22, 2009  April 24,2009 Page 6  Council Member Ade asked that Council get the agenda of the committee and that minutes  be provided.  Mayor Farnam said he wished to see an exit plan from the County.  Council Member Cashman said there were two issues, one taking over the property the other being taking over the programs. He asked ifthe committee was working on taking over the property and Council Member Swanson responded affirmatively, staff was  working on the inventory.  Final discussion was that the Parks Commission would work on an exit plan and return itto Discussion started on a proposed ethics code. It was decided that City Manager Danielson and Council Member Cashman would work together to put a policy together to bring back Last discussion was on economic development guidelines. City Manager Danielson asked the question, was the city inl line with impact and development fees, and were things like that hurting economic development. He asked ift the City should be asking developers what factors keep them from developing in the City to which Council answered yes. He said  Council, funding and policies and procedures.  to Council, including looking at the League of California Cities policy.  the Finance Director would be reviewing those types oft things.  ADJOURNMENT: at 2:30 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 1C.  CONSENT CALENDAR ITEM Meeting Date: May 13, 2009  TO: FROM:  Mayor and Members of the City Council Gary Nordquist, Director of Finance Register dated May 13, 2009.  SUBJECT: Warrant Registers dated April 24, 28, May 1 and 13, 2009 and Payroll  STAFF REPORT  RECOMMENDATION:  1. 2. 3. 4. 5.  Approve Warrant Register dated April 24, 2009 in the amount of Approve Warrant Register dated April 28, 2009 in the amount of Approve Warrant Register dated May 1, 2009 in the amount of Approve Warrant Register dated May 13, 2009 in the amount of Approve Payroll Warrant Register dated May 13, 2009 in the amount of  $2,149.28. $996.00. $22,429.33. $31,979.51. $1,280.28.  BACKGROUND:  The City of Wildomar 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: &  fypnr  Gary Nordquist Director of Finance  City Manager  2    City of Wildomar Warrant Register April2 24, 2009 Name  Date 101 10001 1 Cash- Wells Fargo  Type (Check) (Check) (Check) (Check) (Check)  Num  Memo/Deseription  Amount $ 840,93 $ 76.98 $ 65,80 $ 500.00 Sub-t total: $ 2,149.28  4/24/2009 Bill Paymet 1650 Edison 4/24/2009 Bill Paymet 1651 DirecTV 4/24/2009 Bill Paymet 1652 FedEx 4/24/2009 Bill Paymet 1653 Marathon  Electricals Services 3/13-4/13/09 Service- 4/12/09-5/11/09 FedEx Services forF Planning Dept foam board  6printso of2r maps for City Council, print- Bike! lanes of $ 665,57  Reprographics  4/24/2009 Bill Paymet 1654 League ofCA Cities Registraton for 2009 Executive Forum- Farnam  Warrant! Register April: 28, 2009 Name  Date  Type (Check) (Check) (Check) (Check) (Check) (Check)  Num  Memo/Description  Amount $ 250,00 $ 50.00 $ 111.00 $ 195.00 $ 90.00 $ 300.00 996.00 Amount $ 50.00 12,500.00 9,879.33  4/28/2009 Bill Payment 1655 League ofCA Cities Registration for 2009 Executive Forum-B. Moore 4/28/2009 BillF Payment 1656 Southern Calif. Assoc. of SCAGI Meeting 5/7/09-B. Moore  Govts  4/28/2009 Bill Payment 1657 Pitney! Bowes 4/28/2009 Bill Payment 1658 EcoMotion 4/28/2009 Bill Payment 1659 Cityoflac Quinta 4/28/2009 Bill Payment 1660 WRCOG  Quarterly Payment- Postage Meter Rental AB811 Conference- 5. Farnam Executive Committee! Meeting- S.A Ade &B. Moore General Assembly 6/25/09-Farnam, Moore, Ade &  Swanson  Sub-total:  Warrant Register May1 1,2 2009 Num Name Govts  Date  Type (Check) (Check) (Check)  Memo/Description  5/1/2009 Bill Payment 1661 Southern Calif. Assoc. of 2009 General Assembly- May 7-8-J. Danielson  5/1/2009 BillF Payment 1662 Gary Nordquist 5/1/2009 Billl Payment 1663 TerryF Fitzwater  Finance Director Services Consulting: Services forA April 2009  Sub-total: 22,429.33  Warrant Register May 13,2 2009 Inc.  5/13/2009 Bill Payment 1664 Danielson Associates, City Manager Services- April: 2009 5/13/2009 Bill Payment 1665 Diamond WE Events Professional: Services forA April2 2009, Reimbursements  17,788.80 3,942.35  (Check) (Check) (Check) (Check) (Check)  5/13/2009 Bill Payment 1666 Naples Plazal Ltd.-Oak Building, CAM, Insurance & Tax Prorates, Mgmt Fee, Rent $ 9,457.40  Creekll  5/13/2009 Bill Payment 1667 Jobs Available  Display AD- City Manager  $ 245.00 $ 545.96 Sub-total: 31,979.51 Grand Total: 57,554.12  5/13/2009 Bill Payment 1668 Your Branding Company BICF Pencils/Ballpoint Pens  3    City of Wildomar Payroll Warrant Register 13-May-09  Check Date Check No. 5/7/2009 5/7/2009 5/7/2009 5/7/2009 5/7/2009  Payee  Description  Amount 9 271.75 271.75 209.23 255.80 271.75  5041 5042 5043 5044 5045  Sheryl Ade Robert Cashman Scott Farnam Bridgette Moore Marsha Swanson  April 2009 Stipend April 2009 Stipend April 2009 Stipend April 2009 Stipend April 2009 Stipend  TOTAL $1,280.28  4    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 1D. May 13, 2009  CONSENT CALENDAR 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  RIV; #4812-8370-7139v1  1    Meeting Date: May 13, 2009  change was made upon the recognition by City staff that due to the expertise and skill required, price should not be the determinative factor in the selection of professional  and consultant services.  In 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  Finance Director F  Intérim City Manager  RZ  2  RIV #4812-8370-7139V1    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.  RIV #4843-3682-2787v1    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 ori interference;  or provide the maintenance and service required;  2  RIV# #4843-3682-2787v1    (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 4843-3682-2787vl    S 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,  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.  (H)  Prescribe and maintain such forms as reasonably necessary to the  operation of this chapter and other rules and regulations.  (I) 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.  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) In 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 for 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*  3v verbal quotations'  $10,000 to $50,000  3 written quotations'  Over $50,000  Council authorized Notice Council Approved  Inviting Sealed Bids3  See section: 3.06.120 2 See section 3.06.090 See section 3.06.110  AII 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: #4843-3682-2787v1    (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"); C or  ('piggybacking").  (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) In 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)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) Inv 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: #4843-3682-2787vl    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. $ 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 #4843-3682-2787v1    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# #A843-3682-2787y1    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.  Ac 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 ARCHITECTURALZ 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. It 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 qualification 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.  or 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) Ift 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) If the 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 #4843-3682-2787vl    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 of S 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 #4843-3682-2787y1    $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 May, 2009.  15  RIV843-3682-2787V1    Scott Farnam, Mayor  ATTEST:  Sheryll Schroeder, City Clerk APPROVED AS TO FORM:  Julie Hayward Biggs, City Attorney  16  RIV843-362-2787V1    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. 25 was introduced at a regular meeting of the Wildomar City Council and duly adopted by the City Council of the City of Wildomar at a regular  meeting, held on the AYES: NOES: ABSTAIN: ABSENT:  day of May, 2009, by the following vote of the Council:  Sheryll Schroeder, City Clerk  17  RIV #4843-3682-2787v1    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 1E. MAY 13, 2009  CONSENT CALENDAR 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 conduct the second reading and adopt 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 RIVHA8103788-5955V1  1    Meeting Date: May 13, 2009  avoiding the administrative charges the County imposes on the City in handling City  affairs in its first year ofi incorporation.  ALTERNATIVES: 1. Take no action meeting. Submitted by: Juhe Plihse City Attorney  2. Provide staff with further direction and take action at a subsequent Council  CityM Manager  K  2  RIV# #4810-6593-5107V1 RIV#AB103788-5955V    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 governmentar ("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# #A851-3139-5587V1    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. 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 ofi 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  RIV# #4851-3139-5587V1    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 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.  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/851-3139-5587V1    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 oft 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 af Request for Exemption From Breach through the date of remedy of the breach. to 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.  RIV#A851-3139-5587V1    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  RIV #4851-3139-5587V1    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 following vote of the Council:  day of  2009, by the  AYES: NOES: ABSTAIN: ABSENT:  Sheryll Schroeder, City Clerk  RIV8513139-5587V1    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 1F. MAY 13, 2009  CONSENT CALENDAR ITEM Meeting Date: April 22, 2009  TO: FROM:  Mayor and Members of the City Council Michael Kashiwagi, Development Services  SUBJECT: Adopt, Disaster Relief Ordinance  STAFF REPORT  RECOMMENDATION:  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  persons and property within the city in the event of an emergency.  BACKGROUND:  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 oft this city, both public and private, to meet any condition constituting a Local Emergency, State of Emergency, or State of War Emergency.  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.  RIV825-1237-7858V1  1    Meeting Date: May 13, 2009  Submitted by: da Gapel Michael Kashiwagi Development Services Attachments: Ordinance  Approved by:  John Danielson Interim City Manager  2  RIVA825-1237-7858V1    ORDINANCE NO.28  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AMENDING WILDOMAR MUNICIPAL CODE CHAPTER 2.08 PROVIDING FOR THE ADMINISTRATION OF DISASTER OPERATION AND RELIEF IN THE CITY OF WILDOMAR  THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE Section 1. Amendment to Chapter 2.08 of the Wildomar Municipal Code.  OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:  Chapter2.08 DISASTER RELIEF  Sections:  Section 2.08.010 Purposes Section 2.08.020 Definitions  Section 2.08.030 Disaster Council Membership Section 2.08.040 Disaster Council Powers and Duties Section 2.08.060 Powers and Duties of the Director  Section 2.08.050 Section 2.08.070 Section 2.08.080 Section 2.08.090 Section 2.08.100 Section 2.08.010  Director and Assistant Director of Emergency Services  Emergency organization. Emergency Plan. Emergency Expenditures Punishment ofViolations. PURPOSES  The declared purposes ofthis 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 ofa an emergency; the direction ofthe emergency organization; and the coordination of the emergency functions oft this city with all other public agencies, corporations, organizations, and affected private persons.  Section 2.08.020  DEFINITION  A. As used in this ordinance, emergency" shall mean the actual or threatened existence of conditions of disaster or ofextreme 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 be beyond the control ofthe services, personnel, equipment, and facilities for this city, requiring the combined forces ofother 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 ofextreme peril tot 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 of the services, personnel, equipment, and facilities ofthat 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 ini the California Public C. The term "State of Emergency" means the duly proclaimed existence of conditions of disaster or ofextreme 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 ofa 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 ofany single county, city and county, or city and require the combined forces ofai 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 thereofby the Governor, whenever this state or nation is attacked by an enemy oft the United States, or upon receipt by the state ofa warning from the federal government indicating that such an enemy attack isj probable or imminent.  Utilities Commission.  Commission.  Section 2.08.030  DISASTER COUNCIL MEMBERSHIP  The CityofWildomar Disaster Council is hereby created and shall consist oft the following:  A. The mayor, who shall be chair.  B. The director of emergency services, City Manager who shall be vice chair'. C. The assistant director of 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 of this  city, adopted pursuant to this ordinances.    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 Section 2.080.040 DISASTER COUNCIL POWERS AND DUTIES It shall be the duty ofthe 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,  advice and consent oft the city council.  upon call oft the vice chair (in the absence ofthe chair).  Section 2.080.050 DIRECTOR AND ASSISTANT DIRECTOR OF  EMERGENCY SERVICES  A. There isl 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 2.080.060 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 ofa "local emergency" ift the 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 oft the city's emergency organization for the (4) Direct cooperation between and coordination of services and staff ofthe city's emergency organization; and resolve questions of authority and responsibility that may  effect".  emergency".  accomplishment oft the purposes oft this ordinance.  arise between them.  (5) Represent this city in all dealings with public or private agencies on matters  pertaining to emergencies as defined herein.    (6) In the event oft the proclamation ofa "Local Emergency" as herein provided, the proclamation ofa "state ofe emergency" by the Governor or the Secretary of California Emergency Management, or the existence ofa "state ofwar emergency," the director (a) Tor make and issue rules and regulations on matters reasonably related to the protection ofl life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by (b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of1 life and property and tol bind the city for the fair value thereofand, 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 ofthis 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) Tor requisition necessary personnel or material ofthe city's departments or  isl hereby empowered:  the city council;  federal law;  agencies; and  (e) To execute all ordinary power as City Manager all ofthe 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 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 ofs succession shall be approved by the city council. 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.  Section 2.080.070  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 ofl law, including persons impressed into service under the provisions of SEC. 6.A. (6) (c)ofthis ordinance, be charged with duties incident to the protection oflife and property in this city during such emergency, shall constitute the emergency organization oft the city ofc City of  Wildomar.    Section 2.080.080  EMERGENCY PLAN  The Wildomar Disaster Council shall bei responsible for the development oft the city's Emergency Plan, which plan shall provide for the effective mobilization ofa all oft the resources of this city, bothj 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 oft the emergency organization. Such plan shall take effect upon  adoption by resolution oft the city council.  Section 2.080.090  EXPENDITURES  Any expenditure made in connection with emergency activities, including mutual aid activities, shalll be deemed conclusively to be for the direct protection and benefit of the inhabitants and A. Ini the case ofa an emergency, supplies, materials, equipment and services may be made without the benefit oft the bidding requirements set forth herein when an item ofs supply, material, equipment and. service, is immediately necessary for the continued operation ofa department, or for the preservation ofl life or property, or when such purchase is required for the health, safety and welfare oft the people, providing that there is aj present, immediate and B. In the event of a 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 bei 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 ofs such emergency, a detailed report to the City Manager who, in  property of the City of Wildomar".  existing emergency.  turn, will provide the report to the City Council.  Section 2.080.100  PUNISHMENT OF VIOLATIONS  Its shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000), or byi 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 ofa any lawful rule or regulation issued pursuant to this ordinance, ori in the performance of any duty imposed upon him by virtue oft this 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 bel likely to give assistance to the enemy or imperil thel lives or property ofinhabitants ofthis city, or to prevent, hinder, or delay the defense or C. Wear, carry, or display, without authority, any means ofidentification specified by the  emergency, to:  protection thereof.  emergency agency oft the State.    Section 2:  EFFECTIVE DATE  This ordinance shall become effective thirty (30) days from and after its passage.  Section 3:  SEVERABILITY  Ifany provision ofthis ordinance or the application thereof to any: person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the  provisions of this ordinance are declared to be severable.  ADOPTED, SIGNED and APPROVED this  day of  2009.  Mayor, Scott Farnam  ATTEST:  City Clerk, Sheryll Schroeder    ENDNOTES  'In city manager or chief administrative officer cities, that officer should be named director of emergency services; where there is no city manager or chief administrative officer, ori 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) this subsection would read as follows: "The assistant director ofemergency services, who shall be vice chair." 3See Sections 5 and 6, providing for the structure, duties, and functions oft the emergency  mayor cities, the mayor should bei 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 Section 8625 (b) ofthe California Emergency Services Act provides that such request is to be 'General law cities see Section 38791 oft the Government Code, regarding authority toj 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 bei registered in order to be protected by these workers' compensation benefits are contained ini rules and regulations oft the California Emergency Management Agency adopted pursuant to Section 8585.5 oft the California  the local emergency at the earliest possible date the conditions warrant. made, in the case ofa city, by the mayor or chiefexecutive. fora chiefexecutive with special powers during emergencies.  Emergency Services Act.  See Section 53021 ofthe Government Code.  1Under the provisions of Section 8668 (a) oft 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 oft the city council in enacting this ordinance that it shall be considered ai revision and continuation oft the 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 by such repeal until amended, modified, or superseded as provided in this ordinance."    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 1 G. MAY 13, 2009  CONSENT CALENDAR 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 conduct the second reading and adopt the attached ordinance imposing additional residency restrictions on registered sex offenders.  BACKGROUNDIANALYSIS:  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: May 13, 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:   City Attorney  City Manager  R  2  RIV/4851-15863555V1    ORDINANCE NO. 29 AND IMPOSING  AN ORDINANCE OF THE CITY OF WILDOMAR, CALIFORNIA, RESTRICTIONS ON REGISTERED SEX OFFENDERS  MAKING  FINDINGS  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  RIV840-183-1907v1    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. .  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 unconstitutionally 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 CityofWidomar.  PASSED, APPROVED AND APPROVED this  day of  2009.  Scott Farnam, Mayor  3  RIV# #4840-1833-1907v1    ATTEST:  Sheryll 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  ) ) ) /  1, 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  5  RIV# #4840-1833-1907vl    LE  WHI38VZIS  N1H138VZITE JOSVWVA  G8S S9NIBdS3NIQOI  QHSSSTAVE  A 19401830385  w  1SAUWEHO ORANGES ST  1SA8H3HO- ISSONVHO  A de  1SO8VHOHO Al  1S OHVHDJO  Qu3op  DANMRDe  E    CITY OF WILDOMAR - COUNCIL  Agenda Item 3A.  GENERAL BUSINESS ITEM Meeting Date: MAY 13, 2009  TO: FROM:  Honorable Mayor Farnam, Members of the City Council  Julie Hayward Biggs, City Attorney  SUBJECT: Lakeland Village Redevelopment Project Area Issues  STAFF REPORT  RECOMMENDATION:  The City Council may wish to establish an ad hoc subcommittee to review, investigate and report to the Council with regard to the current status and options  with regard to the Lakeland Village Redevelopment Project Area.  BACKGROUND:  Shortly after the City was incorporated, the Council directed staff to undertake a review of the Lakeland Village Redevelopment Project Area and the general operation of the Redevelopment Agency as to that Project Area which is located partially within the jurisdictional boundaries of the City. The attached report outlines the legal considerations that apply to this Project Area, but additional information is required for the Council to determine what options it may  have now that the City has been incorporated.  To obtain that information, it may be appropriate to establish a subcommittee of the City Council to review and collect the necessary information sO that it may be reported to the full Council and policy determinations may be  made. ATTACHMENTS:  The Lakeland Vilage/Widomar Redevelopment Project Area White Paper Report - November 12, 2008  RIV #836-1712-6659V1  1    Submitted by:  Approyed by:  P City Attorney  Cily Manager  A  RIV# #A836-1712-6659vi  2    BURKE. WILLTAMS GSORENSEN, LLP  Lakeland Vilage/Wildomar Redevelopment Project Area  White Paper  Presented to the City of Wildomar  November 12, 2008  Prepared by the Office of the City Attorney Burke, Williams & Sorensen 2280 Market Street, Suite 300 Riverside, California  RIV #4825-7998-1827y1    TABLE OF CONTENTS  1.  The Lakeland Village/Wildomar Redevelopment Project Area - Overview  a. b.  Adoption  Establishment of Project Area Committee  2.  Legal Challenge to Plan  a. b.  Validation Action Stipulated Judgment  3.  incorporation of the City of Wildomar  a. b.  Adoption of County Ordinances and Resolutions Overlap of Jurisdictional Authority  4. Options For Future Operations  a.  Continue County Control Legal authority i. Practical result  b.  Detach City areas from Project Area  Legal authority ii. Practical result  C.  Establish a Joint Powers Authority Legal authority li. Practical result  4.  Summary And Conclusion  -i-  RIV #4825-798-1827v1    0D  BURKE WALDAMS 6 SORENSENIIP  1.  LAKELAND VILLAGEMWILDOMAR REDEVELOPMENT  PROJECT AREA = OVERVIEW  A. Adoption of Plan  In May of 1998 the County of Riverside approved and adopted a preliminary redevelopment plan for the Lakeland Village and Wildomar areas of unincorporated Riverside County. The preliminary plan established a guide for land development in specified areas of unincorporated parts of the County of Riverside (the Project Area") that addressed basic issues of redevelopment and land use for the area.  The Project Area consists of four non-contiguous areas, one of which is entirely within the city limits of the City of Wildomar and one of which is partially within the City. The portions of the Project Area within the City of Wildomar are shown on the maps attached to this white paper. The portions of the Project Area that are outside of the City include a swath of land along the western edge of Lake Elsinore and two small areas near the northwest corner of Lake Elsinore. The County currently has jurisdiction over the entire Project Area, including the portions within the City of Wildomar.  The Redevelopment Plan charges the County of Riverside and the Riverside County Redevelopment Agency with the administration of the Redevelopment Plan. The Redevelopment Plan provides that the County may take actions to further the  purposes of the Redevelopment Plan including, but not limited to:  opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way within the Project Area, changing and improving the publicly-owned utilities within or affecting the  Project Area; and  imposing design controls on property in the Project Area.  The Redevelopment Plan expires on July 20, 2030, and the deadline for the repayment  ofi indebtedness is July 20, 2045. B. Establishment of PAC  The Community Redevelopment Law requires a city or county to form a PACifa substantial number of low or moderate income persons reside within a project area and the redevelopment plan for the project area allows the city or county to acquire residential property by eminent domain, or if the redevelopment plan for the project area  1-  RIV# #4825-7998-1827v1    o  BURKE, WILLMAMS e SORENSENLP  contains public projects that will displace a substantial number of low or moderate income persons. (Health & Safety Code S 33385(a).) If the project area does not contain a substantial number of low or moderate income individuals, a city or county Subsequent to adoption of the preliminary plan, in June of 1998 the County established procedures for election of a Project Area Committee (the "PAC") comprised of residents elected from the Project Area, to serve in an advisory capacity to the County on redevelopment related issues for the Project Area. Various adjustments were made to the PAC and the preliminary redevelopment plan and in July of 1999, Ordinance No. 793, establishing the Redevelopment Plan for Redevelopment Project Area No. 1-1986, Amendment No. 1, Lakeland Vilage/Widomar Sub-Area (the  may still form a PAC. (Health & Safety Code S 33385(f).)  Redevelopment Plan") was adopted.  In August of 1999, a validation action was filed by the Lakeland Vilage/Widomar Tax Payer Association in an effort to invalidate the Redevelopment Plan. That action was ultimately settled by a stipulated judgment (the "Stipulated Judgment") in July of 2003 that adjusted the composition of the PAC and imposed certain other restrictions on the County with regard to the Redevelopment Plan. An election was held for the PAC and the PAC was affirmed by the County in December of 2003. In December of 2004,  the Redevelopment Plan term was extended by a year.  -2-  RIV #4825-7998-1827v1    losw  duRS MILIVEMS SORENSENULP  2. LEGAL CHALLENGE TO THE REDEVELOPMENT PLAN  A. The Validation Action  Validation actions are proceedings to determine the validity of a  governmental action. A public entity or interested person may bring a validation action only ifi iti is expressly authorized by statute within sixty (60) days of the occurrence of the governmental action. Validation actions are heard quickly because the courts give preference to validation actions over all other civil matters. Once a judgment is issued determining the validity of the governmental action, it precludes any other person from bringing any other suit challenging the validity of the action if the basis for the challenge was or could have been litigated in the previous validation action. In other words, itis  virtually impossible to alter a judgment in a validation action.  B. The Stipulated Judgment  Though individuals may contend that the Stipulated Judgment prohibits the City from taking control over the portions of the Project Area within the City limits, that is not an accurate reading of the law or the Stipulated Judgment. The Community Redevelopment Law allows a county to transfer jurisdiction over all or a part of a project area to a newly formed city. The Stipulated Judgment does not purport to restrict the County's ability to exercise its power to transfer jurisdiction nor can it. Jurisdictional control under the Redevelopment Law is a function of the police power which cannot be delegated nor can it be overruled by a court of law under the doctrine of separation of governmental powers. In addition, the Stipulated Judgment contains no terms that limit the decision-making authority over the Project Area to the County or terms that would be impossible to harmonize with a transfer of power to the City. Therefore, a full or partial transfer of power to the City would be consistent with the terms of the Stipulated Int this case, the Redevelopment Plan was challenged and was ultimately validated with the addition of some very specific terms and conditions. The Stipulated Judgment between the County and the Lakeland Village / Wildomar Tax Payer Association restricts how the County and the County Redevelopment Agency may implement the Redevelopment Plan. Seven major restrictions are placed on the County and County  Judgment.  Redevelopment Agency. They are:  1. All improved property located in the Project Area is exempt from eminent 2. All projects listed in Section 344 of the Redevelopment Plan (Public Improvements) must be completed before any other development takes  domain under the Redevelopment Plan.  place in the Project Area.  -3-  RIV #4825-7998-1827v1    RKE. DDMS  3. After the projects listed in Section 344 are complete, the County Redevelopment Agency must establish a plan for constructing equestrian 4. The County Redevelopment Agency must establish programs under which itmakes low interest loans through qualified mortgage lenders to property owners in the Project Area for the purpose of rehabilitating commercial or 5. All buildings that existed before July 20, 1999, that are in compliance with the Riverside County Building Code are deemed conforming to the Redevelopment Plan and must be allowed to remain in their present 6. Tax-increment revenue generated within the Project Area that is allocated tot the County Redevelopment Agency shall be utilized solely within or for the benefit of the Project Area, and under no circumstances shall it be loaned or made available to the County for any use outside the Project 7. All residential and commercial buildings are exempt from building permit Under the Community Redevelopment Law, the primary function of a PAC is to review and comment on a proposed redevelopment plan and any amendments thereto and to review and comment on a proposed replacement housing plan. (Health & Safety Code SS 33330 et seq., 33413.5.) The PAC is an advisory body and has no power to approve or deny any particular projects or proposals. That said, the Redevelopment Plan requires the PAC to meet on a regular basis to review and comment on proposed projects. Moreover, the Stipulated Judgment requires the County Redevelopment Agency to consult with the PAC on the following matters at least one month before the  trails within the Project Area.  residential buildings within the Project Area.  condition and use.  Area.  review by the County Redevelopment Agency.  matter is placed on the Agency's agenda:  1. The annual capital budget for the Project Area;  2. Proposed projects including planning studies and implementation actions 3. The issuance of bonds payable in whole or in part from tax increment 4. The subdivision or consolidation of parcels pursuant to Section 264 of the  within the Project Area;  revenue generated in the Project Area;  Redevelopment Plan;  4-  RIV# #4825-7998-1827v1    hurke BRNE. MPLIAMS 5 SORENSEALILP  5. Redevelopment Implementation pursuant to Section 301 to 310 of the 6. Relocation of persons, families and businesses pursuant to Section 330 of 7. The disposition, design for development and development pursuant to 8. Low and moderate income housing pursuant to Section 400 of the  Redevelopment Plan; the Redevelopment Plan;  Sections 362, 363, and 365 of the Redevelopment Plan;  Redevelopment Plan.  The Stipulated Judgment also requires the County to set aside funds for the operation of the PAC, including an office, equipment, supplies and staff, and for reasonable attorneys' fees for the retention of outside counsel. The PAC has sole  discretion in selecting its legal counsel.  RIV#A825-7998-1827v1    ouke BURKE MILLIAMS 6 SORENSEN.ELP  3.  INCORPORATION OF THE CITY OF WILDOMAR  On February 5, 2008, the citizens of the unincorporated area of the County of Riverside known as Wildomar as included in the Redevelopment Plan Project Area, voted to incorporate into the new City of Wildomar. As its first action, the new City Council adopted Ordinance 08-01, adopting by reference all the existing ordinances and resolutions of the County of Riverside to the extent that they affected geographic areas within the boundaries of the new City. As a result, Ordinances 793 and 835 are now valid enactments of the City of Wildomar to the extent that they address land areas  within the City.  The incorporation of the City of Wildomar now poses issues as to the operation of the Redevelopment Plan because more than one jurisdiction is now involved. Because of that, it is important for both the County of Riverside and the City of Wildomar to fully understand the various options available for continuing operations of the Redevelopment Plan and the PAC, particularly in light of the provisions of the  Stipulated Judgment.  5-  RIV; #4825-7998-1827v1    ourke SURKE WILLIAMS & SORENSEN,EP  4. Options for Future Operation of the Redevelopment Plan  A.  Continue County Control Legal Authority  i.  Under the Community Redevelopment Law, when territory within a county redevelopment project area is included within the boundaries of a new city, the territory remains within the county's jurisdiction for redevelopment purposes unless the county and the new city enter into an agreement to transfer redevelopment jurisdiction to the new city. (Health & Safety Code S 33214.) The law does not require that the county and new city enter into such an agreement however. Therefore, one option is to maintain the status quo with the County of Riverside retaining jurisdiction over the  portions of the Project Area within the City of Wildomar.  ii.  Practical Result  In the event that the County maintains control of the Redevelopment Plan and its implementation, it may be that City wishes and standards with regard to redevelopment may not be followed. To the extent that the City is in agreement with County standards and wishes to see redevelopment proceed within the City and the adjacent Lakeland Village area proceed in the same manner, however, allowing the County to retain control may not make a significant difference in how things proceed sO long as  Wildomar has representation on the PAC.  When a new city comes into being, however, it is normally motivated in part by a desire to control land use decisions. Because redevelopment depends on land use control, permitting the County to retain jurisdiction in the Project Area relinquishes a great deal of City control. Given that the City Council will likely be held responsible for the success or failure of redevelopment efforts regardless of who controls the decisions,  itr may be advantageous to in fact retain that control as a City function.  B. Detach City areas from ProjectArea  i.  Legal Authority  Ifthe City wishes to take jurisdiction over the portions of the Project Area within the City, the Community Redevelopment Law governs how the transfer of jurisdiction will occur, and some of the terms and conditions of the transfer. Health & Safety Code S 33216 provides that if all, or a substantial portion of, a project area is included within the boundaries of a new city, jurisdiction over that area may be transferred from the agency that created the project area to the new city. However, for such a transfer to  take effect, Section 33216 requires the following to occur:  -7-  RIV #4825-7998-1827v1    0  4  BURKEWILLANS SORENSENLUP  "(1) The [County] and the [City] enter into the agreement described ins subdivision (c), and their respective legislative bodies both adopt (2) The [City Council] adopts, or has adopted, both of the following  ar resolution approving that agreement.  ordinances:  (A) An ordinance pursuant to Section 33101 declaring the (B). An ordinance adopting the same redevelopment plan for the project area that was previously adopted by the  need for an agency to function in the city.  legislative body of the creating agency."  Subdivision (c) of Section 33216 contains four terms that must be included in the agreement between the creating agency. In the situation where only a portion of the Project Area is being transferred to a new city, the agreement must contain:  1. A provision specifying the portions of the project area over which each 2. A provision for the allocation of taxes payable from the project area pursuant to subdivision (b) of Section 33670 between the new city and the 3. A requirement that all taxes payable from the project area pursuant to subdivision (b). of Section 33670 that are allocated to the new city shall be available if necessary to pay any indebtedness incurred by the creating agency prior to the effective date of the transfer of jurisdiction in connection with the project area and the redevelopment plan if that indebtedness was secured by the taxes payable from the project area 4. - A requirement that any amendment to the redevelopment plan for the portion of the project area under the jurisdiction of the creating agency shall be approved by an ordinance adopted by the legislative body of the new city, and that any amendment to the redevelopment plan for the portion of the project area under the jurisdiction of the new city shall be approved by an ordinance adopted by the legislative body of the creating  agency will have territorial jurisdiction.  creating agency.  pursuant to subdivision (b) of Section 33670.  agency."  In addition, the agreement may, but is not required to, include a provision permitting the [County] to undertake activities to implement the redevelopment plan in portions of the project area under the territorial jurisdiction of the [City] or for the [City] to undertake activities to implement the redevelopment plan in portions of the project area  8-  RIV #4825-798-1827v1     SSORENSENUIP  under the territorial jurisdiction of the [County)." (Health & Safety Code S 33216((c)(5).) This is in accordance with Section 33210 of the Health and Safety Code, which authorizes two or more agencies to jointly exercise redevelopment powers. The option of sharing control over the Project Area with the County is discussed in further detail  below.  ii.  Practical Results  Ifthe City takes control of the portion of the Project Area within the City, it must follow the procedures of Section 33216. The City has already adopted an ordinance declaring the need for a redevelopment agency to function in the City. However, the City still must adopt an ordinance adopting the Redevelopment Plan and a resolution approving an agreement between the City and the County for the transfer of jurisdiction. The agreement transferring jurisdiction must contain the four required terms mentioned above. The transfer of jurisdiction will take effect on the first day of the fiscal year following the adoption of the resolution approving the agreement or the ordinance  adopting the Redevelopment Plan, whichever is later.  Additionally, if the City decides to take control over the portion of the Project Area within the City, it will also be bound by the terms of the seven restrictive provisions set forth in the Stipulated Judgment noted above. The Stipulated Judgment states that it is binding on all of the parties to the judgment and "all person interested in the validity of the Redevelopment Project for the Lakeland Village / Wildomar Sub-Area." While in most cases a judgment is only binding on the parties to the judgment, the lawsuit here was a validation action. In validation actions, the judgment is "forever binding and conclusive, as to all matters therein adjudicated or which at that time could have been adjudicated, against the agency and against all other persons, and the judgment shall permanently enjoin the institution by any person of any action or proceeding raising any issue as to which the judgment is binding and conclusive." (Code of Civil Procedure S 870(a), emphasis added.) Therefore, the City would be bound by the terms of the Stipulated Judgment if it takes control over the portion of the Project Area within the  City.  The Community Redevelopment Law does not contain specific provisions that address how an existing project area committee is impacted when jurisdiction over a portion of the project area is transferred to another agency. If the City decides to take control of the portion of the Project Area within the City, the impact on the PAC will likely vary depending on the terms of the agreement between the City and the County for the  transfer of jurisdiction.  9-  RIV#825-7998-1827V1    our 6 BMRKBa MPKMS SSGKENSIRAILP  C. Establish a Joint Powers Authority  i.  Legal Authority  Section 33210 of the Health and Safety Code authorizes two or more agencies to jointly exercise redevelopment powers. This may be done by the agencies entering into a. Joint Powers Agreement. The Agreement creates a Joint Powers Authority, and the parties to the Agreement specify which of their powers the Joint Powers Authority may exercise and in what manner. (Government Code SS 6507, 6508) The Joint Powers Authority is a separate entity from the agencies that sign the Joint Powers Agreement. (Government Code SS 6503.5, 6503.7) The Joint Powers Agreement will specify the  governing structure of the Joint Powers Authority.  ii.  Practical Results  Ifthe City and the County establish a Joint Powers Authority ("JPA"), this will allow the entire Project Area to remain unified, and the redevelopment of the entire Project Area will be controlled by the Joint Powers Authority. This will result in the entire Project Area being redeveloped under uniform standards agreed upon by the members of the JPA instead of having the Wildomar portion developed by the City's standards and the County portion developed by the County's standards. However, because the City would not have complete control over the Project Area, it may have to compromise its vision of how to redevelop the Project Area if the County has a different vision. It will be very important to develop a joint powers agreement that is satisfactory tot the City in terms of control of issues and standards that matter within the community. Establishing a JPA would also give the City a voice in how the portion of the Project  Area outside of the City. is redeveloped.  This option in essence represents a middle ground between letting the County retain complete control over the Project Area and having the City take sole control over  the portion of the Project Area within the City of Wildomar.  10-  RIV; #4825-7998-1827v1    orke BURKE, SILETAMS SSCKENSENIEP  5.  SUMMARY AND CONCLUSION  The following is a summary timeline of the actions leading to the situation today:  May 6, 1998 June 16, 1998 July29, 1998 August 18, 1998 June 22, 1999 July 20, 1999  The County Planning Commission adopted a Preliminary Redevelopment Plan for the Project Area. The Board adopted the Project Area Committee ("PAC") Formation and Election Procedures for the Project Area. The first PAC for the Project Area was elected. The PAC Formation and Election Procedures were amended to increase the number of seats. The Board held a public hearing on the adoption of the Redevelopment Plan for the Project Area The Board adopted Ordinance No. 793, adopting the Redevelopment Plan for the Project Area A validation action was filed by the Lakeland Village / Wildomar Tax Payer Association and six individuals alleging that the Redevelopment Plan was invalid. Lawsuit was settled and Stipulated Judgment was Board amended the PAC Formation and Election Procedures as required by the settlement agreement to  Redevelopment Plan")  August 1999  December 2002 July29,2003  entered.  add more seats to the PAC.  November 20, 2003 PAC election held.  December 23, 2003 Board adopted Resolution No. 2003-542, affirming that  the PAC Formation and Election Procedures were followed in the November 2003 PAC election.  December 29, 2004 Board adopted Ordinance No. 835, extending the life of  the Redevelopment Plan and the time limit for the  repayment of indebtedness by one year.  -11-  RIV #4825-798-1827v1    aurke BURKE. WILLIAMS &5 SORENSENLLLP  February 5, 2008 July 1,2008  Successful incorporation election of the City of Wildomar Effective date of incorporation of the City of Wildomar  The City may choose to keep the status quo and allow the County to retain jurisdiction over the portions of the Project Area within the City, or the City may enter into an agreement with the County for the transfer of control of this area. The City and County may also agree to exercise joint control over the area. Regardless of which route the City chooses, the terms and conditions of the Stipulated Judgment are binding  and the City must abide by them.  Respectfully submitted,  Julie Hayward Biggs, City Attorney Erica Ball, Deputy City Attorney OfE Burke, Williams & Sorensen, LLP  12-  RIV #4825-7998-1827v1    CITY OF WILDOMAR - COUNCIL GENERAL BUSINESS  Agenda Item 3B.  ITEM  Meeting Date: MAY 13, 2009  TO: FROM:  Honorable Mayor Farnam, Members of the City Council  Julie Hayward Biggs, City Attorney  SUBJECT: Administrative Citation Ordinance  STAFF REPORT  RECOMMENDATION:  Introduce for first reading the attached ordinance establishing an  administrative citation procedure for the City.  BACKGROUND:  The City has a complete ordinance establishing its authority to enforce provision of the City Municipal Code through the criminal process. Violations may be processed as misdemeanors and penalties may be imposed. In order to give the City more flexibility to work with residents and business owners in the City, however, it is advisable for the City to implement an administrative process that will permit it to enforce code provisions without taking the matter to criminal  prosecution.  The attached ordinance will establish an administrative process for code enforcement that will result in a hearing before a member of the City's staff or a hearing officer retained to conduct the hearing. Civil penalties are set forth that may be imposed. The decision of the hearing officer will be final unless appealed  judicially.  The City is going to be taking over all code enforcement responsibility as of July 1, 2009. Adopting this ordinance at the present time will make it effective  prior to that date.  RIV# #4B20-0218-8803V1  1    ATTACHMENTS: Ordinance  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING SECTION 1.03.080 TO THE WILDOMAR MUNICIPAL CODE  PROVIDING PROCEDURE  AN  ADMINISTRATIVE  CITATION  Submitted by: City Attorney Bs  Approved by:  Cily Manager &  RIV# #4820-0218-8803V1  2    ORDINANCE NO. 30  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING SECTION 1.03.080 TO THE WILDOMAR MUNICIPAL CODE  PROVIDING PROCEDURE.  AN  ADMINISTRATIVE  CITATION  THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES ORDAIN AS SECTION 1. Addition of Section 1.03.080 to the Wildomar Municipal Code. A new section 1.03.080 is hereby added to the Wildomar Municipal Code, and shall read  FOLLOWS:  as follows:  "1.03.080. Administrative citations and penalties.  In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code Section 53069.4, an administrative citation may be issued for any violation of this Code. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations  and penalties.  A. Notice of Violation. If the violation is not corrected within the period stated in the notice of violation, or if the violation creates an immediate danger to health or safety, an administrative citation may be issued by the enforcement officer. The notice shall specify the manner in which the Code has been violated and the actions required to correct the violation. The notice shall also state that failure to correct the violation could subject the recipient of the citation to civil, administrative and criminal penalties and could result in the imposition of a lien on the property for costs related to the enforcement of the Code and correction of the conditions. The failure of the notice to set  forth all required contents shall not affect the validity of the proceedings. approved by the City Attorney and shall contain the following information:  B. Content of Citation. The administrative citation shall be issued on a form  1. Date, location and approximate time the violation was observed; 2. The ordinance violated and a brief description of the violation; 3. The amount of the administrative penalty imposed for the violation; 4. Instructions for the payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty  within this time period;  5. Instructions on how to appeal the citation;  RIV#A840.99144195V 5/7/09    6. The signature of the enforcement officer.  The failure of the citation to set forth all required contents shall not affect the  validity of the proceedings.  C. Service of Citation.  1. Ifthe owner, occupant or other person who has violated the ordinance is present at the scene of the violation, the enforcement officer shall attempt to obtain his or her signature on the administrative citation and shall deliver a copy of the administrative citation to the violator. 2. Ifthe owner, occupant or other person who has violated the ordinance is a business, and the business owner is on the premises, the enforcement officer shall attempt to deliver the administrative citation to him or her. If the enforcement officer is unable to serve the business owner on the premises, the administrative citation may be left with the manager or employee of the business. If left with the manager or employee of the business, a copy of the administrative citation shall also be mailed to the business owner by certified mail, return receipt 3. If no one can be located at the property, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy mailed by certified mail, return receipt requested to the owner, occupant or other person who has violated the ordinance. The citation shall be mailed to the property address and/or the address listed for the 4. The failure of any interested person to receive the citation shall not  requested.  owner on the last county equalized assessment roll.  affect the validity of the proceedings.  D. Administrative Penalties.  1. The penalties assessed for each violation shall not exceed the  following amounts:  a. One hundred dollars ($100.00) for a first violation;  b. Two hundred dollars ($200.00) for a second violation of the C. Five hundred dollars ($500.00) for each additional violation of  same ordinance within one year; and the same ordinance within one year.  2. Ifthe violation is not corrected, additional administrative citations may be issued for the same violation. The amount of the penalty shall increase  at the rate specified above.  RIV #4840-914-4195V1 5/7/09    3. Payment of the penalty shall not excuse the failure to correct the  violation nor shall it bar further enforcement action. 4. The penalties assessed shall be payable to the City.  E. Administrative Appeal.  1. Time for Appeal. The recipient of administrative citation may appeal the citation by filing a written notice of appeal with the department that issued the administrative citation. The written notice of appeal must be filed within twenty (20) days of the service of the administrative citation as set forth in subsection C of this section. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted  on City forms and shall contain the following information:  a. A brief statement setting forth the appellant's interest in the b. A brief statement of the material facts which the appellant claims supports his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different C. An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by mail; d. The notice of appeal must be signed by the appellant.  proceedings;  amount is warranted;  2. Appeal Hearing. Upon a timely written request by the recipient of the administrative citation, an administrative hearing shall be held as follows: a. Notice of Hearing. Notice of the administrative hearing shall be given at least ten (10) days before the hearing to the person requesting the hearing. The notice may be delivered to the person or may be mailed to the address listed in the notice of appeal. b. Hearing Officer. The administrative hearing shall be held before the director of the issuing agency or his or her designee. The hearing officer shall not be the enforcement officer who issued the administrative citation or his or her immediate supervisor. The director may contract with a qualified provider to conduct administrative hearings or to process administrative citations. C. - Conduct of the Hearing. The enforcement officer who issued the administrative citation shall not be required to participate in the administrative hearing. The contents of the enforcement officer's file  RIV #4840-9914-4195v1 5/7/09    in the case shall be admitted as prima facie evidence of the facts stated therein. The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal fails to appear at the administrative hearing, the hearing officer shall make their determination based on the information contained in the  notice of appeal.  d. Hearing Officer's Decision. The hearing officer's decision following the administrative hearing may be personally delivered to the person requesting the hearing or sent by mail. The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full. The hearing officer's decision shall contain instructions  for obtaining review of the decision by the superior court.  F. Review of Administrative Hearing Officer's Decision.  1. Notice of Appeal. Within twenty (20) days of the date of the delivery or mailing of the hearing officer's decision, a person may contest that decision by filing an appeal to be heard by the superior court. The filing fee for the appeal shall be in the amount provided for in Government Code section 70615. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon the issuing agency by the 2. Conduct of Hearing. The conduct of the appeal is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency's file in the case shall be received in evidence. A copy of the document or instrument of the issuing agency providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency's file on the case be forwarded to the court, to be received within fifteen (15) days of the request. 3. Judgment. The court shall retain the filing fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the issuing agency in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this chapter, or in any other manner  contestant.  provided by law."  RIV: #4840-9914-4195v1 5/7/09    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.  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 California law.  PASSED, APPROVED, AND ADOPTED this day of  2009.  Scott Farnam, Mayor  ATTEST:  Sheryli Schroeder, City Clerk APPROVED AS TO FORM:  Julie Hayward Biggs, City Attorney  RIV# #4840-9914-4195v1 5/7/09    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  day of  2009, by the  following vote of the Council:  AYES: NOES: ABSTAIN: ABSENT:  Sheryl! Schroeder, City Clerk  RIV #4840-9914-4195v1 5/7/09    CITY OF WILDOMAR - COUNCIL GENERAL BUSINESS ITEM Meeting Date: May 13, 2009  Agenda Item 3C.  TO: FROM:  Honorable Mayor Farnam, Members of the City Council  John Danielson, City Manger  SUBJECT: MEMORANDUM OF UNDERSTANDING FOR JOINT  MONITORING OF EMERGENCY AMBULANCE SERVICES  STAFF REPORT  RECOMMENDATION:  Approve the Memorandum of Understanding (MOU) with the Riverside County Emergency Management Agency for joint monitoring of emergency ambulance services, and authorize the City Manager to execute the MOU.  BACKGROUND:  The County of Riverside has exclusive authority for entering into contracts for provision of Advanced Life Support (ALS) services for the entire County, including incorporated areas. This MOU establishes the agreement between Riverside County and the City of Menifee for consultation on issues regarding provider performance, changes or cancellation of the contract with the provider, and distribution of performance penalty monies received under the performance based contract and other decisions related to administration of the Contract. The MOU specifies a three year term commencing July 1, 2009 and ending on June 30, 2012, and calls for the City Manager or his designee to represent the City on the EMS Administrative Group, the oversight body for ALS services.  FISCAL IMPACT:  No direct fiscal impact. There are no costs to the City with regard to the MOU. The City could receive penalty/fine income levied by the County for performance based deficiencies. Any revenues received by the City would be restricted to providing EMS  service enhancements.  1    ALTERNATIVES:  1. Take no action  2. Provide staff with further direction  ATTACHMENTS:  Memorandum of Understanding  Submitted by:  Manager  ALL  2    MEMORANDUM OF UNDERSTANDING (MOU) FORJOINT: MONITORING  OF EMERGENCY AMBULANCE SERVICES  This MOU: is entered into pursuant to Schedule E-I: in the Agreement for "ALS Exclusive Operating Areas - American Medical Response (AMR) Master Contract" (hereafter referred to as "the Contract"). The City of Wildomar ( "City"), and the County of Riverside, acting through its Emergency Medical Services Agency (EMS), enter into A. The participants agree to consult on issues regarding provider performance, changes or cancellation ofthe contract with the provider and distribution of performance penalty monies received under the performance based contract and B. By entering into this MOU, the participants do not waive or otherwise: relinquish  this Agreement with reference to the following facts:  other decisions related to administration oft the Contract. any legal rights or obligations as they may have under law.  Now therefore the participants agree as follows:  1.  The EMS Agency will provide staff for day-to-day management and administration oft the Contract with regular reporting of performance to the EMS Administrative Group as described in #2 below. Each participating agency will designate an individual to serve on an EMS Administrative Group that will mutually review performance reports, monitor contract compliance and determine use and allocation of performance penalty monies received from the provider as well as other duties mutually agreed to, on behalfofthe city. The individuals will be the City Manager or designee from each city, the Riverside County Fire Chiefo or designee, and the EMS  2.  Agency. Director or designee.  3. The term oft this agreement shall begin. July 1, 2009 and run through June 30, 2012, or throughout the term oft the Contract ife extended with the emergency There shall be no assessment to the City for the costs of administering the Performance standards will be as specified in the Contract between Riverside County and the emergency ambulance provider, or as otherwise modified from time to time by the EMS Agency. Such adjustments will be discussed City may request modified services as provided by the Contract, subject to  ambulance provider. Contract or this MOU.  4. 5.  with the Administrative Group.  6.  negotiated costs or savings, and EMS Agency approval.    MOU Page 2 of2  7. 8. 9.  The EMS Agency will provide a summary ofall fines collected from AMR The City will invoice the County of Riverside EMS Agency annually for All monies collected by City under terms ofthis MOU will be used only for EMS system enhancements. Finei money expenditures by the City for EMS system enhancements will be reported to the EMS Agency annually. 10. Ambulance rates will be set in accordance with County and Community Health Agency (CHA) policy with input from the involved cities through the  annually to the City. payment of penalties.  Administrative Group.  11. All notices, statements, demands, requests, consents, approvals, given in writing and addressed to each party in the MOU.  authorizations, agreements, appointments or designations hereunder shall be  12. The participants agree to cooperate in carrying out the purposed and intent of this MOU and to execute, acknowledge and deliver all additional agreements, instruments or other writings reasonably necessary to carry out this MOU. No party hereto, however, shall be compelled to surrender its discretionary powers of approval as contemplated in this MOU by virtue of this covenant.  John Danielson, City Manger City ofWildomar ATTEST:  Date  Sheryll Schroeder, City Clerk  Date    MOU Page 2 of2  County of] Riverside  Title Signature  Date    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 3D.  GENERAL BUSINESS ITEM Meeting Date: May 13, 2009  TO: FROM:  Mayor and Members of the City Council Gary Nordquist, Director of Finance  SUBJECT: Finance Committee  STAFF REPORT  RECOMMENDATIONS:  1. The City Council may wish to consider appointing two City Council members to an ad hoc Finance Committee that will work with the Finance Director to help develop administrative policies and review monthly financial reports. The Committee will be responsible to report back their activities and findings to the  City Council on a regular basis.  BACKGROUND:  The Mayor and members of the City Council discussed, at the April 22, 2009 City Council meeting, the concept of the having the Finance Committee provide routine fiscal oversight and to provide policy direction to staff.  DISCUSSION:  Al Finance Committee, consisting of city officials and staff are commonly used in cities to act as the advisory body to the City Council's numerous fiscal activities of the City. The Committee could advise the City Council on matters of financial importance to ensure the timely and reporting and long range fiscal stability of  the City. FISCAL IMPACTS:  None at the time. ALTERNATIVES: 1. Take no action  2. Provide staff with further direction.  1    Submitted by:  Approved by:  Gary Nordquist fh Director of Finance  John Danielson City Manager  2    - = 8 D d  -  -  Mission Trail    5  C    a 8  5  2    2  3  0  S S C  a 3  a  -  E  8  I  0o 3  A  ai    3  I  E  b0 E  8  5  5 a  La  -  E    4  - a -  a 8 a  -  a 1 à  I a  b  d  3 - E Da 6 le - B  a > 9  - B a a S :  e > 5    5  S 5  a 1 8 -  - -  Y  a  6  -  0 5 to I Z  6  I    -  I  )  8  00 de  - - E & 0 a E d I - E  - à  S 9  00  8 C E I  6 à  - -   C Z C D  a    LT E  5 0 80 80 4 2  a 3 & €  D  3 - E 3 a E I  o  8 1 a 3 8 9 E  : -  8 d8 a 3  3 0 B a 63    8O  E  a  I  8  a  a  60 a e M  E I    I  d L  I 1E  1 - a  a  a  E B  -  - -  E 8  e E  E 3 DE 3  a  -  i  Da E 9  - B d8 a /  e  &  L  I    00  E  Mission Frail    1  S S 8  3  e B E  E 5 à  d E 1  5 d 5 a  5  S  e a 3  -    S  5   - O  t A B 5  3  -  S  5 S 6 - -  3  e e  1 ) 2  8 - - T  I O a  3  :    €?  - D  a  &  Mission Trail   8 9  B 5  : 8 E @ a 8   -  S  8  2    CITY OF WILDOMAR - CITY COUNCIL  Agenda Item 3F.  GENERAL BUSINESS ITEM Meeting Date: May 13, 2009  TO: FROM:  Council Members  Michael Kashiwagi, Development Services  SUBJECT: Western Riverside Council of Governments (WRCOG) - Clean Cities  Program  STAFF REPORT RECOMMENDATION:  Authorize the City Manager to sign and execute an agreement for professional consultant services for Western Riverside Council of Governments Clean Cities  Program. BACKGROUND:  In Western Riverside County, WRCOG has taken a leadership role in coordinating the Clean Cities Coalition, a public-private partnership dedicated to achieving air quality, The Clean Cities Program was created in 1992, and is sponsored by the U.S. Department of Energy. The mission of the Clean Cities Program is to enhance our nation's energy security and air quality by supporting public and private partnerships that deploy clean-burning alternative fueled vehicles (AFVs) and build their associated Inc contrast to traditional command-and-contro. programs, Clean Cities takes a voluntary approach to AFV development, working with coalitions of local stakeholders to help develop the AFV industry. The program depends on strong local initiatives to build alternative fuels markets, offering participants opportunities to address problems unique Since 1997, Western Riverside County Clean Cities Coalition has helped local jurisdictions acquire more than 2,500 alternative fuel vehicles, as well as fund numerous compressed natural gas (CNG), liquefied natural gas (LNG), propane, and hydrogen Clean Cities also monitors legislation to improve air quality, most recently focusing on  energy security, economic development, and transportation goals.  fueling infrastructure.  to their cities and fostering partnerships to help overcome them.  stations.  emissions generated by rail operations.  1    Meeting Date: May 13, 2009  As part of the WRCOG Clean Cities Program, the City of Wildomar will have access to immediate uses of the services which are detailed in "Exhibit A: Scope of Services" within the WRCOG agreement. A few services which the City could immediately tap  into are:  Grant Writing Assistance Economic development opportunities Assistance with AB 2766 annual reporting  Access to a regional network of air quality, alternative fuels, and technical  experts  Legislative Alerts as they relate to air quality and alternative fuels The City of Wildomar can specifically utilize the services to explore a partnership with the Lake Elsinore Unified School District related to the feasibility of a Compressed  Natural Gas Station. FISCAL IMPACTS:  The City's participation in the WRCOG Clean Cities Program would require a commitment of $3,000 annually to pay for member dues (plus proration of months exceeding 12 months.) The funding source utilized would be from a portion of the $22,000 in AB 2766 funds which Wildomar receives annually. The annual member dues are based upon population (See Table 1) and when Wildomar's population exceeds $24,999, the dues will be $6,000. However, this agreement will be in effect  from the date it is executed and terminates June 30, 2010.  ALTERNATIVES 1. Take no action ATTACHMENTS:  2. Provide staff with further direction  1. Resolution No. 09-25  2. Agreement for Professional Consultant Services for WRCOG Clean Cities 3. Table 1. WRCOG Clean Cities Coalition Membership Due Structure  Program  Submitted by: AE  Approved dby: &  Development Services  hterim Manager City  2    RESOLUTION NO. 09-25  AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AN AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS  CLEAN CITIES PROGRAM  WHEREAS, the City of Wildomar ("City") authorizes the City Manager to execute an agreement for professional consultant services for Western Riverside Council of Governments  ("WRCOG") Clean Cities Program;  WHEREAS, WRCOG Clean Cities Program mission is to coordinate the Clean Cities Coalition, a public-private partnership dedicated to achieving air quality, energy security, WHEREAS, the City agrees to become a participating member of Western Riverside NOW, THEREFORE, the City Council of Wildomar does resolve as follows:  economic development, and transportation goals; and Council of Governments ("WRCOG") Clean Cities Program.  1. The City Council authorizes the City Manager to sign and execute an agreement for professional consultant services for Western Riverside Council of Governments  ("WRCOG") Clean Cities Program.  PASSED, APPROVED, AND. ADOPTED this 13th day of May 2009.  Scott Farnam Mayor  ATTEST:  Sheryll Schroeder City Clerk  APPROVED ASTO FORM:  Julie Biggs City Attorney    AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR WESTERN RIVERSIDE COUNTY CLEAN CITIES PROGRAM  (Western Riverside Council ofGovernments)  THIS AGREEMENT is made and entered into this  day of  2009, by and between the City of Wildomar, a municipal corporation, hereinafter referred to as "City," and the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS, a joint powers authority, located at 4080 Lemon Street, Riverside, California, hereinafter referred to as  "WRCOG", with respect to the following facts:  RECITALS:  WHEREAS, City's mission is to take a leadership role in coordinating efforts between government and industry to recognize the value of partnership in achieving air quality, energy  security, economic development, and transportation goals; and  WHEREAS, City participates in planning and implementation activities including, preparation of agendas, meetings, minutes, newsletters, dissemination of information, program monitoring, status reports to the Department of Energy; grant applications for vehicle fleet  conversion, and development of clean fuel infrastructure; and  WHEREAS, WRCOG will furnish staff support services to City with respect to the Clean WHEREAS, City is in need of continuing to receive the expertise of WRCOG staff WHEREAS, WRCOG has the required expertise to provide such services and is willing  Cities Program; and support for this program; and  and able toj perform such work for compensation.  NOWTHEREFORL, City and Consultant agree as follows:  1.  Retention of Consultant. City retains WRCOG to perform, and WRCOG agrees to render, those services (hereinafter "the services") defined in the Scope of Work attached hereto as Exhibit "A," and incorporated herein by this reference in accordance with the terms and  conditions set forth herein.  2.  Term. The term of this Agreement shall become effective on the date first written above, and shall remain in effect until June 30, 2010, unless otherwise amended or terminated 3. Personnel. WRCOG shall furnish all personnel necessary to perform the services and shall be responsible for their performance and compensation. WRCOG recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely  pursuant to the provisions stated hercin.    completion of the services. The key personnel listed in Exhibit "B" attached hereto and incorporated herein by this reference and assigned to perform portions of the services shall remain assigned through completion of the services, unless otherwise mutually agreed by the  parties in writing. 4.  Contract Administration. A designee of the City will be appointed in writing by the City Manager to administer this Agreement on behalf of City and shall be referred to herein as  Contract Administrator.  5.  Compensation - Payment. In consideration for the performance of the services, City shall pay WRCOG in accordance with the terms and conditions as set forth in the attached Exhibit "C", for a total not to exceed $3,000 per fiscal year. The City may withhold payment if the City Manager reasonably finds the performance of WRCOG's services incomplete or inadequate under this Agreement and first provides WRCOG with a written explanation to WRCOG of the determination ofi incomplete or inadequate work and a reasonable cure period.. Only that portion of the invoice under dispute may be withheld from payment during the cure  period. 6.  Independent Contractor. WRCOG shall at all times during its performance of the services retain its status as independent contractor. WRCOG's employees and agents shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or  unemployment insurance for or on behalfofthem.  No agent, officer or employee of the City is to be considered an employee of WRCOG. Iti is understood by both WRCOG and City that this agreement shall not under any circumstances be construed or considered to create an employer-employec relationship orj joint venture. Mutual Indemmification. WRCOG and City shall each defend, indemnify and hold the other party and its officials, officers, employees, consultants, subcontractors, volunteers and agents harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out or incident to any negligent acts, omissions or willful misconduct of the indemnifying party or its officials, officers, employees, consultants, subcontractors, volunteers and agents arising out of or in connection with the performance of this Agreement, including without limitation, the payment of all consequential damages and attorneys fees and other related  7.  costs and expenses.  Thej parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this  Section shall survive the expiration or early termination oft the. Agreement.  8.  Workers' Compensation Insurance. By executing this Agreement, WRCOG certifies that their agency is aware ofand will comply with Section 3700 oft the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance before commencing any of the work. WRCOG shall carry the insurance or provide for self-insurance required by California law to protect WRCOG from    claims under the Workers Compensation Act. WRCOG's Workers' Compensation Insurance shall be issued by an insurance company authorized to transact insurance business in the State of California with aj policy holder's rating of B+ or higher and a Financial Class of VII or larger.  9.  Insurance. Prior to City's execution of this Agreement, WRCOG shall obtain, and shall thereafter maintain during the term oft this Agreement, such commercial general and automobile liability insurance as reasonably determined by WRCOG to be neccesary to insure against damages for personal injury, including accidental death, as well as from claims for property damage which may arise from or which may concern operations by WRCOG, or by anyone directly or indirectly employed by, connected with, or acting for or on behalfofWRCOG related 10. Business Tax. WRCOG understands that its performance of the services will constitute doing business in the City of, Wildomar, and it shall, therefore, register for and pay a business tax 11. Accounting Records. WRCOG shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. WRCOG shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. WRCOG shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for aj period of three (3) years from the date of final payment 12. Time of Essence. Time is of the essence for each and every provision of this  tot the services provided by this agreement.  pursuant to Chapter oft the City of Wildomar Municipal Code. :  under this Agreement. Agreement. 13. 14.  City's Right to Employ Other Consullants. City reserves the right to employ other Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, description, computer program data, input record data, written information, and other materials either created by or provided to WRCOG in connection with the performance of this Agreement shall be held confidential by WRCOG, except as otherwise directed by the Contract Administrator or mandated by other applicable law such as the California Public Records Act. Nothing furnished to WRCOG, which is otherwise known to WRCOG or is generally known, or has become known, to the related industry shall be deemed confidential. WRCOG shall not use City's name or insignia, photographs ofthe project, or any publicity pertaining to the services or the project in any magazine, trade paper, newspaper, television or radio production or other 15. General Compliance with Laws. WRCOG shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by WRCOG, or in any way affect the performance of services by WRCOG pursuant to this Agreement. WRCOG shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of WRCOG's services with all applicable  consultants in connection with the project.  similar medium without the prior written consent of the City.  laws, ordinances and regulations.    16.  Amendments This Agreement may be amended or supplemented only by written  documents signed by both parties. prior written notice to the other party.  17. Termination. This Agreement may be terminated by either party upon thirly (30) days  In the event of a substantial failure of performance by WRCOG, City may terminate this Agreement upon a ten (10) day written notice to WRCOG. The ten-day notice period shall be used by both parties in an attempt to negotiate resolution of disputes and remedy any breach.  This Agreement may be terminated by City at any time upon written notice to WRCOG if In the event of termination, City shall determine and pay to WRCOG as full payment for all work performed and all expenses incurred hereunder the amount which bears the same ratio to the maximum fee otherwise payable under this Agreement as the ratio which the work actually rendered bears to the totality of the services which would have been rendered had the Agreement been fully performed. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work inj progress and complete and incomplete reports and  City decides to abandon or indefinitely postpone the project.  other documents only after delivery to City.  18.  Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other  county. 19.  Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail,  postage prepaid and addressed as follows:  CITY John Danielson Interim City Manager City of Wildomar 23873 Clinton Keith Rd., Suite 201 Wildomar, CA 92595  WRCOG Rick Bishop Executive Director 4080 Lemon Street Riverside, CA 92501  Western Riverside Council of Governments  20.  Successors and Assigns. Itisi mutually understood and agreed that this Agreement shall be binding upon City and WRCOG and their respective successors. Neither this Agreement or any part hereof nor any monies due or to become due hereunder may be assigned by WRCOG  without the prior consent ofthe Contract Administrator.  21.  Nondiscrimination During WRCOG's performance of this Agreement, WRCOG shall not discriminate on the grounds of race, religious creed, color, national origin, ançestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thercto, marital status,    sex or sexual orientation, in the selection and retention of employees and subconsultants and the procurement of materials and equipment, except as provided in Section 12940 oft the California Government Code. Further, WRCOG agrees to conform to the requirements of the Americans  with Disabilities Act in the performance oft this Agreement.  22.  Severabilily. Each provision, term, condition, covenant and/or restriction, in whole and inj part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any othcr provision, term, condition, covenant and/or restriction oft this Agreement and the remainder of the Agreement shall continue in full force and  effect. 23.  Authority. The individuals executing this Agreement and the instruments referenced herein on behalfofWRCOG each represent and warrant that they have thel legal power, right and actual authority to bind WRCOG to the terms and conditions hereof and thereof. 29. Entire Agreement This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporancous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.  IN WITNESS WHEREOF City and WRCOG have caused this Agreement to be duly  executed on the day and year first above written.  CITY OF WILDOMAR,a municipal corporation By:  WRCOG By:-  City Manager  [Printed Name] [Title] By:  Attest:  City Clerk  [Printed Name] [Title]    APPROVED ASTOFORM:  CERTIFIED ASTO FUND AVAILABILITY  By:  By  Finance Director  *Not necessary ifCity Council approval required.    EXHIBIT "A" SCOPE OF SERVICES  Access to a regional network of air quality, alternative fuels and technical experts; Access to grants and partnership opportunities among members and vendors; Access to fleet workshops and annual educational opportunities free or at al low cost;  Monthly Newsletters and/or Postcards;  Access to vehicle and alternative fuels performance data; Legislative Alerts as they relate to air quality and alternative fuels;  Economic development opportunities; infrastructure development; Grant writing assistance;  Leveraging of resources and support in federal and state legislative matters, and  Assistance with SCAQMD's AB2766 annual reporting;  Updates regarding South Coast Air Quality Management District's Fleet Rules, how they apply to local jurisdictions andi the technology available to meet compliance; E-mail updates on the latest developments in vehicle technology and alternative fuels; Bi-monthly meetings and networking opportunities providing a forum to exchange ideas  and information;  Host one of the Coalition's 6 bi-monthly meetings;  City's name and logo on Coalition's letterhead, brochures, outreach materials; City's link on Western Riverside County Clean Cities website;  One (1) Car Care for Clean Air event; (minimum one (1) per school year; and  Outreach to middle schools (presentations or participation in school's environmental fair Provide representation at annual Clean Cities Conference and Peer Review, and provide  staff report on events.    EXHIBIT "B" KEY PERSONNEL From the office of 4080 LEMON STREET, 3RD FLOOR RIVERSIDE, CA 92501-3679  WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG)  Main Contact:  Allison Ellingson, Staff Analyst assigned to Western Riverside County Clean Cities Coalition  Phone (951) 955-8378 FAX (951)787-7991 Alternate Contact: Barbara Spoonhour, Program Manager Phone (951)955-8313 FAX (951)787-7991  Signatory Powers  Ruthanne Taylor Berger, Deputy Executive Director Western Riverside Council of Governments  (951) 955-8304 FAX (951)787-7991 Rick Bishop, Executive Director Western Riverside Council of Governments (951).955-7985    EXHIBIT "C"  COMPENSATION SCHEDULE  Thej proposed 09/10. Air Quality budget for the Clean Cities Agreement between the City of Wildomar and Western Riverside Council of Governments (WRCOG) is $3,000 per fiscal year. The Fund will be reviewed annually to determine expenditures. WRCOG will submit to the City WRCOG will invoice the City for the full amount oft the contract or aj portion thereof. City will pay full or partial payment as fund balance allows within 30 days of receipt ofinvoice. Ifp payment oft the invoice is delayed the Contract Administrator will notify WRCOG in writing WRCOG will maintain records of the tasks accomplished under the agreement, documenting acceptable expenditure of AB2766 funds, by the South Coast Air Quality Management District.  an annual year-end statement ofa activities.  with ai revised payment- date.  WRCOG will allow access of records for audit, as necessary.    Table 1. Clean Cities Coalition Due Structure  Population 01/01/08  RIVERSIDE COUNTY BANNING BEAUMONT CALIMESA CANYON LAKE CORONA HEMET LAKE ELSINORE MENIFEE MORENO VALLEY MURRIETA NORCO PERRIS RIVERSIDE SAN JACINTO TEMECULA WILDOMAR UNINCORPORATED Potential Revenue Population Dues 0-24,999 25,000-50,000 50,001-1 149,999 150,000-250,000 250,000 +  28,348 $ 6,000.00 31,477 $ 3,000.00 7,536 $ 3,000.00 11,051 $ 3,000.00 147,428 $ 10,000.00 74,185 $ 10,000.00 49,807 $ 6,000.00 60,000 $ 10,000.00 183,860 $ 15,000.00 100,173 $ 10,000.00 27,255 $ 6,000.00 53,605 $ 6,000.00 296,842 $ 25,000.00 35,672 $ 6,000.00 101,057 $ 10,000.00 23,554 $ 3,000.00 471,017 $ 25,000.00  157,000.00  $ 3,000.00 $ 6,000.00 $1 10,000.00 $ 15,000.00 $ 25,000.00  Source: Provided by' WRCOG