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 M. ROUSSEAU KATHLEEN BALES-LANGE
Chief Clerk 2800 (559) 636-5000 FAX (559) 733-6898 |
SITTING AS THE
THE TULARE COUNTY
REDEVELOPMENT AGENCY
9:00 A.M. Board Convenes
PLEDGE OF ALLEGIANCE
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.
Presentation
from Service Learning Grant recipients.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from the Fire Department to approve Fire Hazard
Abatement Cost Recovery. Confirm the
accounting as modified. Order that the costs as confirmed be recorded in the
office of the Tulare County Recorder. Order that the Tulare County
Auditor-Controller/Treasurer-Tax Collector place such costs on the County tax
roll as special assessments against the respective parcels of land.
5.
PUBLIC
HEARING: Request from the Resource Management Agency to terminate the
Resolution of Necessity proceedings to acquire property by Eminent Domain for
the Road 80 Widening Project Pursuant to Code of Civil Procedure Section
1245.330 from Fareed Odeh Saphieh for property commonly referred to as Assessor
Parcel Number 017-183-003. Direct staff
to negotiate with Fareed Odeh Saphieh to acquire the right of way necessary for
the Road 80 Widening Project leaving him the remainder of the parcel for future
development.
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; 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)
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; 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)
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; 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)
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 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Catarino Licon Jr. and Mary Helen Licon; 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 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Evangeline Limited 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)
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 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Irma L. Cordeniz and Mayme Cordeniz; 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 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; James Edward Rogers; 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 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Wilbur Clair Hettinga and Mary Lou Hettinga; 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 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 108 Widening Project Pursuant to Code of Civil Procedure Section
1245.330; Gloria Pereira, Linda Costa, and Joseph Costa and Lynn Costa Life
Estate (Costa); 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)
(Consent Calendar)
CONSENT CALENDAR (Number 15 through 46)
NOTICE TO THE PUBLIC Background information
has been provided to the board on all matters listed under the Consent
Agenda, and these items are considered to be routine by the Board. All items under the Consent Agenda are
normally approved by one motion. If
discussion is requested by any Board members on any item, that item will be
removed from the Consent Agenda if separate action is required. |
Agricultural Commissioner/Sealer
Board of Supervisors
17.
Appoint
In Lieu of Election the following for short terms ending December 2, 2011:
Teviston Community Services District |
Alpine Village-Sequoia Crest
Community Svs Dist. |
Frank Francisco Galaviz, Director |
Freda M. Walser, Director |
|
|
Tipton Community Services District |
Alta Irrigation District |
Christopher G. Adkins, Director |
John B. Kalender,
Director-Division 7 |
|
|
Terra Bella Memorial District |
Orosi Public Utility District |
James Tatum |
Johnny Sandoval, Director-Seat 4 |
|
|
Three Rivers Memorial District |
|
Margie A. Ewen, Director-Seat 4,
Non Veteran |
|
18.
Appoint
In Lieu of Election the following for a full terms ending December 6, 2013:
Allensworth Community Services
District |
Sultana Community Services
District |
John Pope, Director |
Tom Voss, Director |
|
Maria Elena Paredez, Director |
Alpine-Village-Sequoia Crest Community
Svs Dist. |
Michael S. Prado, Sr., Director |
Milburn Ellis, Director |
|
George Derkum, Director |
Teviston Community Services
District |
Roy F. Aiken, Director |
Martha Sanchez, Director |
|
Kimberly Shelton, Director |
Patterson Tract Community Services
District |
|
Allen R. Lee, Director |
Tipton Community Services District |
Darlene Lasley, Director |
Jerry Stover, Director |
Sharon Gardiner, Director |
Steven Hunt, Sr., Director |
|
Janice McKay, Director |
Ponderosa Community Services
District |
|
Cheri Benton Marchaunt, Director |
Tract 92 Community Services
District |
Bill Benton, Director |
|
Michel Strickbine-Witherow,
Director |
Rodney Morphis, Director |
|
|
Poplar Community Services District |
Richgrove Community Services
District |
Albert Morrison, Director |
Rose B. Rodriguez, Director |
Michael Clark, Director |
Jesse V. Ortega, Director |
|
Joey D. Velasquez, Director |
|
|
Woodlake Fire District |
Lower Tule River Irrigation
District |
Cornelio R. Ortiz, Commissioner |
James J. Costa, Sr., Director,
Division 2 |
|
John W. Roeloffs, Director,
Division 5 |
Alpaugh Irrigation District |
|
Kenneth Gibbs, Director, Division
4 |
Orange Cove Irrigation District |
Steven W. Martin, Director,
Division 5 |
Henry A. Collin III, Director,
Division 3 |
|
Russell Katayama, Director,
Division 5 |
Alta Irrigation District |
|
Roger Warkentin, Director,
Division 2 |
Pixley Irrigation District |
Thomas A. Marshall, Director,
Division 5 |
Raymond L. Westbrook, Director,
Division 1 |
|
Bill Degroot, Director, Division,
Division 2 |
Delano-Earlimart Irrigation
District |
Russell Schott, Director, Division
4 |
Kelley T. Hampton, Director,
Division 1 |
|
Nick J. Canata, Director, Division
2 |
Porterville Irrigation District |
Harold Nelson, Director, Division
3 |
David E. Gisler, Director,
Division 2 |
|
Guido A. Lombardi, Director,
Division 3 |
Ducor Irrigation District |
Eric Borba, Director, Division 4 |
David Schwartz, Director |
|
Gerald Peterson, Director |
Saucelito Irrigation District |
|
Steven G. Kisling, Director,
Division 4 |
Exeter Irrigation District |
Robert D. McCloskey, Director,
Division 5 |
Gregory Crosson, Director,
Division 1 |
|
Ralph E. Fuller, Director,
Division 4 |
Stone Corral Irrigation District |
|
|
|
George Murrell Simms, Director |
Ivanhoe Irrigation District |
|
Gary S. Caviglia, Director |
Terra Bella Irrigation District |
David L. Crouse, Director |
Brent E Doyel, Director, Division
1 |
Steve R. Spalding, Director |
|
|
Tulare Irrigation District |
Lindmore Irrigation District |
Michael J. Thomas, Director,
Division 1 |
Dennis R. Brownfield, Director,
Division 1 |
Dave F. Martin, Director, Division
2 |
Quinten A. Luallen, Director,
Division 2 |
|
|
|
Lindsay-Strathmore Irrigation |
Terra Bella Memorial District |
Dennis Imoto, Director, Division 1 |
Ruben M. Contreras, Director-Seat
3, Veteran |
Jeff Tienken, Director, Division 2 |
|
|
Three Rivers Memorial District |
Exeter Memorial District |
Frank P. Capalare, Director-Seat
1, Veteran |
David Heaton, Director, Non
Veteran |
Frank L. Greninger, Director-Seat
2, Veteran |
Bobbie Sperry, Director, Non
Veteran |
David Sherwood, Director-Seat 3,
Non Veteran |
|
|
Ivanhoe Memorial District |
Visalia Memorial District |
Victor R. Box, Seat 1, Non Veteran |
Roberto G. Cadena, Director, Non
Veteran |
John Williams, Seat 2, Veteran |
Josh Miller, Director, Non Veteran |
|
|
Lindsay-Strathmore Memorial
District |
Woodlake Memorial District |
Lester Seay, Director-Seat 1, Non
Veteran |
Terry Thompson, Director-Seat 1,
Veteran |
C Alan Todd, Director-Seat 2,
Veteran |
Byron Taylor, Director-Seat 2,
Veteran |
|
|
Porterville Memorial District |
Porter Vista Public Utility
District |
Edward S. Flory, Director-Seat 1,
Veteran |
Kit Murphy, Director-Seat 2 |
|
Irene Bakich, Director-Seat 4 |
South Tulare Co Memorial District |
Lewis Sewell, Director-Seat 5 |
Carlos Ramirez, Director-Seat 1,
Veteran |
|
Rose B. Rodriguez, Director-Seat
2, Non Veteran |
Strathmore Public Utility District |
Joe Ray McPhetridge, Sr., Seat 3,
Non Veteran |
Chistina Mason, Director, Division
1 |
|
|
Cutler Public Utility District |
Springville Public Utility
District |
Leonard R. Encinas, Director-Seat
3 |
David L. Ploneis, Director-Seat 1 |
Fernie T. Rubalcaba, Director-Seat
5 |
Thomas J. Carter, Director-Seat 2 |
|
|
Ivanhoe Public Utility District |
Woodville Public Utility District |
Gerardo Sanchez, Director-Seat 4 |
Mary Ellen Valdivia, Director-Seat
2 |
Betty Vicars, Director-Seat 5 |
|
|
Teapot Dome Water District |
Orosi Public Utility District |
Richard Job, Director |
Ronnie Castillo, Director-Seat 3 |
Donald Laux, Director |
Alex Marroquin, Director-Seat 5 |
David R. Sherwood, Director |
|
|
Lemon Cove Sanitary District |
|
Michael B. Smith, Director |
|
David Squires, Director |
|
Clair J. Fox, Director |
|
County Administrative Office
District Attorney
Health & Human Services Agency
Human Resources & Development
Resource Management Agency
ADJOURN AS THE
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
Sheriff/Coroner
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
(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
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 2
Ordinance
adding Chapter 11 to Part V of the Ordinance Code of Tulare County, pertaining
to medical marijuana, amending Chapters 1 and 3 of Part VI, pertaining to
regular and adult-oriented business licenses, and adding Chapter 21 of Part VI,
pertaining to medical marijuana collectives and cooperatives. Board of
Supervisors Agenda Item November 10, 2009.
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 2
Proposals
pertaining to Modification of the
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 2
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 4
Proposed
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 9
Next Item(s)
Sitting as...
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-050-082 and
149-050-083
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Gloria Pereira, Linda Costa,
Joseph Costa and Lynn Costa
Under Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-020-065
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Wilbur Clair Hettinga and Mary
Lou Hettinga
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
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...
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 048-010-024,
048-010-025 and 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...
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 119-810-005
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Catarino Licon Jr. and Mary
Helen Licon
Under
Negotiation: Price and Terms of Payment
Next Item(s) Sitting
as...
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-210-003 and
149-210-004
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Evangeline Limited Partnership
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-220-008
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Irma L. Cordeniz and Mayme
Cordeniz
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 147-010-042
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...
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 126-240-035 and
149-030-012
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: James Edward Rogers
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Kathleen Bales-Lange v. Hannah
Herron and Greg Gomez; Tulare County Superior Court Case Number: To be
Announced
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - PERSONNEL MATTER
Details
Government
Code Section (54957.)
Consider
Public Employee Performance Evaluation for the Position of:
County
Administrative Officer
Next Item(s)
Sitting as...
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley and Jean M. Rousseau
Employee
Organization: All Certified Employee Organizations
Unrepresented
Employees: All Unrepresented Employees except Elected
Next Item(s)
Sitting as...