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TANNA G. BOYD, Chief Clerk of the Board
ANY INDIVIDUAL WITH A DISABILITY MAY REQUEST SPECIAL ASSISTANCE BY CONTACTING THE CHIEF CLERK TO THE BOARD OF SUPERVISORS
AGENDA
for Special Meeting of the Madera County Board of Supervisors
MONDAY, MAY 12, 2008
9:00 A.M.
Meetings of the Board of Supervisors shall convene in the Board of Supervisors Chambers, Madera County Government Center, 200 West Fourth Street, Madera, California. The Board of Supervisors meets simultaneously as the Board of Supervisors, the Board of Directors of all Dependent Special Districts governed by the Board, and the Governing Body of each and every other public entity for which the Board of Supervisors serves as the Governing Body.
“Supporting documents relating to the items on this agenda that are not listed as ‘Closed Session’ are available through the County of Madera website at http://madera-county.com/. These documents are also available at the Office of the Clerk of the Board of Supervisors, 200 West Fourth Street, Fourth Floor, Madera, CA 93637. Supporting documents relating to the items on this agenda that are not listed as ‘Closed Session’ may be submitted after the posting of the agenda and are available at the Office of the Clerk of the Board of Supervisors. Please visit the Office of the Clerk of the Board of Supervisors for updates.”
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. PUBLIC COMMENT – The first 15 minutes of each regular meeting is set aside for members of the public to comment on any item within the jurisdiction of the Board, but not appearing on the agenda. Items presented under public comment may not be discussed or acted upon by the Board at this time. For items appearing on the agenda, the public is invited to comment at the time the item is called for consideration by the Board. Any person addressing the Board under public comment will be limited to a 3 minute presentation to insure that all interested parties have an opportunity to speak. Also, all persons addressing the Board must state their name and address for the record.
9:00 A.M. HEARINGS
RESOURCE MANAGEMENT AGENCY/PLANNING DEPARTMENT
3. Continued hearing to consider the request of Pines Resorts of California requesting a tentative subdivision map (S #2006-007) to divide 10.82 acres into 67 residential lots, plus 3 outlots. The applicant is also applying to amend the Madera County General Plan (GP #2006-015) pursuant to Section 65358 of the Government Code. The proposal is to amend the area now shown as CC (Community Commercial) and HDR (High Density Residential) Designations to LDR (Low Density Residential) Designation. A Rezoning (CZ #2007-043) from the existing RRM (Residential, Rural, Multiple Family), CUM (Commercial, Urban, Median), and PCD (Planned Commercial Development) to PRD (Planned Residential Development). A Site Plan Review (SPR #2007-004) will also be reviewed. The property is located on the east side of Road 432, approximately 0.1 of a mile south of its intersection with Road 274, Bass Lake (no situs address is available). A Mitigated Negative Declaration (MND #2007-25) has been prepared concerning the proposed changes in compliance with provisions of the California Environmental Quality Act (CEQA). Size: 10.82 acres. APN: 070-111-002, 003; 070-110-029, 030, 031, 032, 033, and 035. (CONTINUED FROM APRIL 22, 2008)
4. Hearing to consider the adoption of Findings and decision of a General Plan Amendment for D G Power International, LLC to amend the Madera County General Plan (GP #2007-018) pursuant to Section 65358 of the Government Code. The area to be considered consists of 14.92 acres located on Avenue 12, approximately 0.25 mile east of its intersection with Road 30 ½ (no address available), Madera. The proposal is to amend the area now shown as A (Agriculture) Designation to HI (Heavy Industrial) Designation. A rezoning (CZ #2007-021) will also be considered to change the zoning from ARE-20 (Agricultural, Rural, Exclusive-20 Acre) District to IH (Industrial, Urban or Rural, Heavy) District. The property is owned by John C. Boyajian Family Trust & John C. Boyajian. A draft Mitigated Negative Declaration (MND #2007-70) was prepared concerning the proposed project in compliance with provisions of the California Environmental Quality Act (CEQA). Size: 14.92 acres. APN: 047-120-013.
5. Hearing to consider the adoption of Findings and decision of a General Plan Amendment for the County of Madera for General Plan Amendment (GP #2007-022) and a Countywide rezoning (CZ #2007-022) to amend the Madera County Zoning Ordinance to include new zone districts, MIN (Mixed Use Industrial Neighborhood) and a definition of Limited Light Industrial Uses. The amendment would also create a new industrial land use designation of LI-R (Light Industrial/Residential) to accommodate the zoning. Pursuant to the provisions of the California Environmental (CEQA), Section 15061 (b) (3), and the Madera County Environmental Guidelines, the County has determined that this amendment will not have a significant effect on the environment, and is exempt from CEQA.
6. Hearing to consider the adoption of Findings and decision of a General Plan Amendment for Scott and Anita Johnson to amend Madera County General Plan (GP #2007-028) pursuant to Section 65358 of the Government Code. The area to be considered consists of 22.65 acres located on the northeast side of Road 620, approximately 0.5 mile northwest of the intersection of Road 620 and Old Yosemite Road (48261 Rd 620), Oakhurst. The proposal is to amend the area now shown as AR (Agricultural Residential) Designation to RER (Rural Estate Residential) Designation. A rezoning (CZ #2007-044) will be considered to change the zoning from RRS-10 (Residential, Rural, Single Family-10 Acre) District to RRS-5 (Residential, Rural, Single Family-5 Acre) District. The property is owned by Anita J. Johnson and Bradley S. Johnson. A draft Mitigated Negative Declaration (MND #2007-76) has been prepared concerning the proposed project in compliance with provisions of the California Environmental Quality Act (CEQA). This project is located in the Oakhurst Area Plan. Size: 22.65 acres. APN: 057-153-046.
7. Hearing to consider the adoption of Findings and decision of a General Plan Amendment for Abdullah S. Alsoukhelah (Madera Islamic Center) to amend the Madera County General Plan (GP #2007-029) pursuant to Section 65358 of the Government Code. The area to be considered consists of 28.79 acres and is located on the west side of Road 26, 0.5 mile south of the intersection of Road 26 and Avenue 20 ½ (no address available), Madera. The proposal is to amend the area now shown as A (Agriculture) Designation to CC (Community Commercial) Designation. A rezoning (CZ #2007-046) will be considered to change the zoning from ARV (Agricultural, Rural, Valley) District to PCD (Planned Commercial Development) District. A Mitigated Negative Declaration (MND #2007-71) has been prepared for the project in compliance with provisions of the California Environmental Quality Act (CEQA). Size: 28.79 acres. APN: 029-220-010.
8. Hearing to consider the adoption of Findings and decision of a General Plan Amendment for Design Industries, Inc. to amend the Madera County General Plan (GP #2007-026) pursuant to Section 65358 of the Madera County Government Code. The area to be considered consists of 2.5 acres (a portion of 6 acres total) located on Brook Drive between Tropical Drive and Avenue 18, Madera. The proposal is to amend the area now shown as VLDR (Very Low Density Residential) Designation to LI (Light Industrial/Business Park) Designation. A rezoning (CZ #2007-035) on the 2.5 acres will also be considered to change the zoning from CRM/MHA (Commercial, Rural, Median/Manufactured Housing Architectural Review Overlayed) District to IL/MHA (Industrial, Urban or Rural, Light/Manufactured Housing Architectural Review Overlayed) District. A draft Mitigated Negative Declaration (MND #2007-64) has been prepared concerning the proposed project in compliance with provisions of the California Environmental Quality Act (CEQA). Size: 6 acres total. APN’s; 032-682-003, 032-682-002 and 032-683-012.
9. Hearing to consider the adoption of Findings and decision of a General Plan Amendment for the County of Madera to amend the General Plan (GP #2006-025) pursuant to Section 65358 of the Government Code. The Madera County Planning Department is proposing to amend the 1995 General Plan to designate Avenue 9 and Avenue 12 as limited expressway, and to limit future access to those road-ways. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3), and the Madera County Environmental Guidelines, the County has determined that this amendment will not have a significant effect on the environment, and is exempt from CEQA.
10. Hearing to consider the adoption of Findings and decision of a General Plan Amendment for the County of Madera to amend the General Plan (GP #2007-019) pursuant to Section 65358 of the Government Code. The Madera County Planning Department is proposing to amend the 1995 General Plan to designate Highway 41 from the San Joaquin River north to the proposed Highway 65 alignment as a multi-modal road network. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3), and the Madera County Environmental Guidelines, the County has determined that this amendment will not have a significant effect on the environment, and is exempt from CEQA.
11. Hearing to consider the adoption of Findings and decision of a General Plan Amendment for the County of Madera to amend the Madera County General Plan (GP #2007-016) pursuant to Section 65358 of the Government Code. The Madera County Planning Department is proposing to amend the Transportation and Circulation Element of the 1995 General Plan to include the Highway 65 alignment, and to extend Highway 152 to connect into Highway 65. This will enable the County to connect Road 400, Road 600, and create an alignment for Road 800 to better serve the foothill and mountain communities. A Mitigated Negative Declaration (MND #2007-63) has been prepared for the project in compliance with provisions of the California Environmental Quality Act (CEQA).
11:30 A.M. – 1:00 P.M. RECESS
12. ADJOURNMENT
NEXT MEETINGS: May 13, 2008, REGUAL CALENDAR
First Hearing-Titles and Licenses of Personnel
May 20, 2008, NO BOARD MEETING
May 27, 2008, REGULAR CALENDAR
Hearing – Valenica Management, Subdivision
Hearing – Maintenance District No. 7, Marina View Rate Increase
June 3, 2008, REGULAR CALENDAR
Hearing-County of Madera-Rezone
Second Hearing-Title 14 Building/Construction Hearing-Jensen-Appeal Planning Commission
June 10, 2008, REGULAR CALENDAR
Hearing-Shaw-Subdivision
Second Hearing-Road Impact Fee
June 17, 2008, REGULAR CALENDAR
Hearing-Community Development Block Grant (CDGB)
Hearing-Weed Abatement
June 24, 2008, REGULAR CALENDAR
Hearing-Chowchilla Water District
Second Hearing-Weed Abatement
AGENDA
for Regular Meeting of the Madera County Board of Supervisors
TUESDAY, MAY 13, 2008
9:00 A.M.
Meetings of the Board of Supervisors shall convene in the Board of Supervisors Chambers, Madera County Government Center, 200 West Fourth Street, Madera, California. The Board of Supervisors meets simultaneously as the Board of Supervisors, the Board of Directors of all Dependent Special Districts governed by the Board, and the Governing Body of each and every other public entity for which the Board of Supervisors serves as the Governing Body.
“Supporting documents relating to the items on this agenda that are not listed as ‘Closed Session’ are available through the County of Madera website at http://madera-county.com/. These documents are also available at the Office of the Clerk of the Board of Supervisors, 200 West Fourth Street, Fourth Floor, Madera, CA 93637. Supporting documents relating to the items on this agenda that are not listed as ‘Closed Session’ may be submitted after the posting of the agenda and are available at the Office of the Clerk of the Board of Supervisors. Please visit the Office of the Clerk of the Board of Supervisors for updates.”
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. CONSENT CALENDAR
3. ADDITIONS TO THE AGENDA: Items identified after preparation of the Agenda for which there is a need to take immediate action. Two-thirds vote required for consideration. (Government Code 54954.2(g)(2)
4. PUBLIC COMMENT – The first 15 minutes of each regular meeting is set aside for members of the public to comment on any item within the jurisdiction of the Board, but not appearing on the agenda. Items presented under public comment may not be discussed or acted upon by the Board at this time. For items appearing on the agenda, the public is invited to comment at the time the item is called for consideration by the Board. Any person addressing the Board under public comment will be limited to a 3 minute presentation to insure that all interested parties have an opportunity to speak. Also, all persons addressing the Board must state their name and address for the record.
CENTRAL VALLEY BUSINESS INCUBATOR
5. Presentation by Craig Scharton, CEO, regarding the Central Valley Business Incubator (CVBI) and the services they provide to the Central Valley.
FIRST FIVE MADERA COUNTY
6. Consideration of approval of Proclamation naming May 31, 2008 World No Tobacco Day.
RESOURCE MANAGEMENT AGENCY/ADMINISTRATION DEPARTMENT
7. Update on the Resource Management Agency Grant Tracking Mechanism.
8. Discussion and consideration to approve the proposed plan to reconfigure the Resource Management Agency (RMA) facility to accommodate 12 additional work stations.
RESOURCE MANAGEMENT AGENCY/PLANNING DEPARTMENT
9. Discussion and direction to staff to prepare a formal letter to Local State Elected Officials indicating the County's Opposition to Assembly Bill 2870-DeSaulnier, California Blueprint Implementation Commission.
10. Consideration of approval of Resolution adopting Findings and Canceling Williamson Act Contract 2018-C-74, as it pertains to a Portion of Assessors Parcel Number 045-142-009, Mitch Covingington.
RESOURCE MANAGEMENT AGENCY/ENGINEERING DEPARTMENT
11. First hearing to consider the proposed Ordinance amending Chapters 14.04, 14.08, 14.12, 14.16, 14.20 and 14.24 of the Madera County Code, relating to the 2007 California Building Codes. Waive the Reading; Set the Second Hearing for June 3, 2008.
COUNTY COUNSEL DEPARTMENT
12. First hearing to consider the Ordinance amending Sections 2.28.040, 2.28.050, and 2.28.060 of the Madera County Code, regarding the Titles and Licenses of Personnel of the Department of Environmental Health. Waive the Reading; Set the Second Hearing for May 27, 2008. (CONTINUED FROM MAY 6, 2008)
BOARD OF DIRECTORS SPECIAL DISTRICTS/MD-5; MD-8A; MD-28; MD-33; MD-36; MD-40A;MD-42; MD-46; MD-60A; MD-73A; MD-85; SA-2B/C; SA-14/
RESOURCE MANAGEMENT AGENCY/ENGINEERING DEPARTMENT
13. Consideration of approval of request for Transfer of Appropriations No. 78 in the amount of $210,500.00, transfer from Reserve for Contingencies, from each District, for Fiscal Year 2007-2008, to the following:
4 Votes Required
a. MD-5 Mountain Ranches (Water)$10,000.00 to Maintenance-Water System, Direct Maintenance Expense-DEGS and Gas & Electricity.
b. MD-8A North Fork (Water)$20,000.00 to Maintenance-Water System, Direct Maintenance Expense-DEGS, Water/Sewer Testing and Gas & Electricity.
c. MD-28 Ripperdan (Water/Sewer)$8,900.00 to Maintenance-Water/Sewer System, Direct Maintenance Expense-DEGS and Gas & Electricity.
d. MD-33 Fairmead (Water) $52,000.00 to Maintenance-Water System, Direct Maintenance Expense-DEGS, SD Water/Sewer Chemicals, Gas & Electricity and PGE Street Lights.
e. MD-36 Eastin Arcola (Water) $10,000.00 to Maintenance-Water Systems, Direct Maintenance Expense-DEGS and Gas & Electricity.
f. MD-36 Eastin Arcola (Sewer) $5,000.00 to Direct Maintenance Expense-DEGS.
g. MD-40A Sunset Ridge (Water) $7,500.00 to Maintenance-Water System and Direct Maintenance Expense-DEGS.
h. MD-42 Still Meadow (Water) $12,000.00 to Maintenance-Water System, Direct Maintenance Expense-DEGS, SD Water/Sewer Chemicals and Gas & Electricity.
i. MD-46 Ahwahnee (Water) $32,000.00 to Direct Maintenance Expense-DEGS and Gas & Electricity.
j. MD-60A Dillon Estates (Water) $4,000.00 to Direct Maintenance Expense-DEGS and Gas & Electricity.
k. MD-73A Quartz Mountain (Water) $25,000.00 to Maintenance-Water System, Direct Maintenance Expense-DEGS, SD Water/Sewer Chemicals and Gas & Electricity.
l. MD-85 Valeta (Water) $200.00 to Direct Maintenance Expense-DEGS.
m. SA-2B/C Bass Lake (Water) $15,000.00 to Direct Maintenance Expense-DEGS and Gas & Electricity.
n. SA-14 Chuk-Chanse (Water) $5,000.00 to Maintenance-Water System and Direct Maintenance Expense-DEGS.
o. SA-14 Chuk-Chanse (Sewer) $3,900.00 to Maintenance-Sewer System.
11:30 A.M. – 1:00 P.M. RECESS
THE FOLLOWING ITEMS WILL BE DISCUSSED ON A NONAPPOINTMENT BASIS, NOT NECESSARILY IN THE ORDER LISTED
14. CLOSED SESSION:
a. Request for Closed Session. Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, County Negotiators: Ken Caves and Kathy Taylor Employee Organization: All Units
b. Request for Closed Session. Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title of Position: Resource Management Agency Director
c. Request for Closed Session. Conference with Legal Counsel, Pending Litigation, pursuant to Government Code Section 54956.9(a), County of Madera vs. Continental Estates.
d. Request for Closed Session: Threat to Public Facilities pursuant to Government Code Section 54957, Behavioral Health Director.
e. Report by County Counsel on Closed Session Items.
15. SUPERVISORS AND STAFF REPORTS
16. PENDING LEGISLATION – DISCUSS, SUPPORT OR OPPOSE LEGISLATION PRESENTED BY SUPERVISORS AND/OR STAFF
17. ADJOURNMENT
ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION
CONSENT CALENDAR
A. Consideration of approval of minutes for May 6, 2008.
B. Meeting of the Board of Directors on the Madera County Flood Control and Water Conservation Agency.
C. BOARD OF SUPERVISORS DEPARTMENT. Consideration of approval of Appointment of Robert L. Stanfield to the Madera County Water Advisory Commission.
D. COUNTY COUNSEL DEPARTMENT. Consideration of entering into Agreement with Somach, Simmons & Dunn, in the amount of $20,000.00, for Legal Services for the Water Advisory Commission.
E. HUMAN RESOURCES DEPARTMENT. Consideration of approval to authorize the execution of CalPERS Disability Retirement Application for Kathie Penman.
F. HUMAN RESOURCES DEPARTMENT. Consideration of entering into a Memorandum of Understanding (MOU) with the Madera County Deputy Sheriff's Association for Employees in the Peace Officer Representation Unit.
G. INFORMATION TECHNOLOGY DEPARTMENT. Consideration of entering into an Amendment to Agreement No. 8172A-C-2007, with ACS State & Local Solutions, Inc., for Project Management Services for the iFAS 7i Software Upgrade for Fiscal Year 2008-2009.
H. PROBATION DEPARTMENT. Consideration of entering into an Agreement with Siemens Health Care Diagnostics for Laboratory Reagents, Equipment, Data Management, Maintenance and Technical Support.
I. RESOURCE MANAGEMENT AGENCY/ROAD DEPARTMENT. Consideration of approval of Resolution proclaiming May 18, 2008 through May 24, 2008 as National Public Works Week.
J. RESOURCE MANAGEMENT AGENCY/ROAD DEPARTMENT. Consideration of entering into an Agreement with Peters Engineering Group for Traffic Signal Design Services for the Intersection of Lanes Bridge Drive and Peck Boulevard with Children's Boulevard and authorize the Road Commissioner to Issue the Notice to Proceed.
K. SHERIFF'S DEPARTMENT. Consideration of approval authorizing the Sheriff's Department to prepare Grant Renewal Applications for Madera County Narcotic Enforcement Team, Rural Crimes Task Force, Off-Highway Vehicle Program, State Homeland Security Program, Emergency Management Performance Grant, CAL-MMET and to further authorize the Sheriff and County Administrative Officer to endorse necessary forms and documents for submission, for Fiscal Year 2008-2009
L. SOCIAL SERVICES DEPARTMENT. Consideration of entering into an Amendment to Lease Agreement No. 5170-C-1993, with R.M.R. Properties to Lease office space located at 720 East Yosemite Avenue, Madera.
M. BOARD OF DIRECTORS SPECIAL DISTRICTS /ASSESSMENT DISTRICT NO. 89-1, RESOURCE MANAGEMENT AGENCY/ROAD DEPARTMENT. Consideration of approval of Resolution of Intent to Hold Public Hearing for continuation of the Special Assessment for Road Maintenance within the Pines Tract at Bass Lake, Assessment District No. 89-1. Set the Hearing for June 3, 2008.
NEXT MEETINGS: May 20, 2008, NO BOARD MEETING
May 27, 2008, REGULAR CALENDAR
Hearing – Valenica Management, Subdivision
Hearing – Maintenance District No. 7, Marina View Rate Increase
June 3, 2008, REGULAR CALENDAR
Hearing-County of Madera-Rezone
Second Hearing-Title 14 Building/Construction
Hearing-Jensen-Appeal Planning Commission
June 10, 2008, REGULAR CALENDAR
Hearing-Shaw-Subdivision
Second Hearing-Road Impact Fee
June 17, 2008, REGULAR CALENDAR
Hearing-Community Development Block Grant (CDGB)
Hearing-Weed Abatement
June 24, 2008, REGULAR CALENDAR
Hearing-Chowchilla Water District
Second Hearing-Weed Abatement
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