MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX - Chairman

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 636-5000

FAX (559) 733-6898


 

October 21, 2009

 

9:00 A.M. Board Convenes

 

PLEDGE OF ALLEGIANCE

 

Moment of Silence

 

 

 

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, members of the public may comment on any item not appearing on the agenda. Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time. For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration. Any person addressing the Board will be limited to a maximum of three (3) minutes so that all interested parties have an opportunity to speak with a total of fifteen (15) minutes allotted for the Public Comment Period. At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  Public Comments.

2.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

(Timed Items)

3.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Robert W. Vanderham; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Harmon Prine and Dorthy Prine; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

5.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; The Gerrit Griffioen Family Ltd. Partnership; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

6.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Frank Wilson III; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

7.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Sunrise Dairy A Family LP; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

8.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Four Play Farms; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

9.                  PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Fareed Odeh Saphieh; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

10.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Ruth Griffieon; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)


11.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Dwayne Friesen and Anna Marie Friesen; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

12.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Stephen Drew; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

13.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Kenneth Thiesen and Patricia Thiesen; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

14.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; De Jong Investment Group; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)


15.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; WMJ Farms Inc.; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

16.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; AMR Properties; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

17.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Kenneth Belknap; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

18.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Del Valle Capital Corporation; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)


19.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Jose Lucatero, Jr.; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

20.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; PG & E; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The property sought to be taken is more necessary to the public use than the use to which the property is appropriated. Code of Civil Procedure 1240.610 e) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and f) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

21.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Vanderham Dairy; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

22.             PUBLIC HEARING: Request from the Resource Management Agency to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require the Acquisition of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil Procedure Section 1245.330; Ronald Vanderham and Cherylee Vanderham; b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in Appendix A is necessary for the Project; d) The offer required by section 7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record and the offer and accompanying statement and summary complied with the requirements of Government Code section 7267.2(a); and e) County Counsel is authorized to file a legal action against the property owner. (2/3rds vote required)

(Closed Session)


 

NOTICE TO THE PUBLIC

CLOSED SESSIONS

As provided in the Ralph M. Brown Act, Government Code sections 54950 et seq., the Board of Supervisors may meet in closed session with members of its staff, county employees and its attorneys. These sessions are not open to the public and may not be attended by members of the public. The matters the Board will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda. Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1

 

 

CLOSED SESSION

It is the intention of the Board to meet in closed session concerning:

 

Sitting as the Tulare County Board of Supervisors

ITEM A

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 23

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 030-010-008

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Judge Stephen Drew

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 048-010-010, 048-010-014, 048-010-018, 048-010-019

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Ruth Griffieon

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 048-010-024, 048-010-025, 047-060-015

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Vanderham Dairy

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...


ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 017-182-016

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Jose Lucatero Jr.

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 047-010-042

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Ronald Vanderham and Cherylee Vanderham

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 030-120-040

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Del Valle Capital Corporation

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 048-010-007, 048-010-008, 048-010-009

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Paul Lee Harrell

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 030-020-018, 030-020-021, 030-020-024

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Bruce Kenneth Belknap

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 047-060-018 and 047-060-019

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Robert Vanderham

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...


ITEM K

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 030-070-002

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: AMR Properties

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM L

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 030-110-018

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: John Kesting and Stella Kesting

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM M

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 048-130-003

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: De Jong Investment Group

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM N

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 017-053-001

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Frank Wilson III

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM O

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 030-060-021

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Sunrise Dairy A Family LP

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM P

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 030-010-007

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Four Play Farms

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...


ITEM Q

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 047-060-021

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Gerit Griffioen Family Ltd. Partnership

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM R

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 017-183-003

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: Fareed Odeh Saphieh

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM S

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 030-110-011

Agency Negotiator: Jean M. Rousseau and Robert Newby

Negotiating Parties: PG&E

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...