MEMBERS OF THE BOARD ALLEN ISHIDA District One PETE VANDER POEL District Two PHILLIP A. COX District Three J. STEVEN WORTHLEY Chairman - 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.
Recognize
Tulare County Firefighters for decades of public service.
Supervisor Allen Ishida, District
One |
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Supervisor Pete Vander Poel,
District Two |
Robert G. Ranney - 40 Years |
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John Gutierrez - 30 Years |
Juan (Bob) |
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Jack Willingham - 28 Years |
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Supervisor Steve Worthley,
District Four |
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Supervisor Mike Ennis, District
Five |
Robert Barnes, Sr. - 38 Years |
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Randy Young - 32 Years |
Frank D. Goulart - 36 Years |
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Michelle Ray - 29 Years |
Alan Landon - 32 Years |
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Allen Ray - 26 Years |
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Pat Shrefler - 25 Years |
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Rodolfo Villalon - 25 Years |
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
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 Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; Kathleen L. Aceres; 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 use
for which the Subject Property is sought to be taken is a more necessary 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)
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 Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; Rafael Alcala and Maria De Jesus Viveros;
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 resolves as follows: a) The
public interest and necessity require the Project for Acquisition of Property
by Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; John and Judy Cutts Living Trust utd 7/8/87;
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 Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; John R. and Delores S. Garza; 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 Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; Fe B. Torio; 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 Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; Waltrust Properties, 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)
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 Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; WJD, LP, a California 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)
(Consent Calendar)
CONSENT CALENDAR (Number 11 through 35)
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. |
Auditor-Controller/Registrar of Voters
Board of Supervisors
County Administrative Office
District Attorney
Health & Human Services Agency
Resource Management Agency
PNR 10-001 - Williamson
Act Contract No.5839, Ag Preserve No. 2057, southeast of Dinuba (Davidian)
(1.05 acres from 36.99 non-renewed as a condition of PPM 09-041) (40.00 acres
in three parcels subject to contract amendment)
PNR 10-002 - Williamson Act Contract No. 5135, Ag Preserve
No. 2092, east of Lindsay (Perry) (0.83 acres from 39.80 non-renewed as a
condition of PPM 09-027) (39.80 acres in one parcel subject to contract
amendment)
PNR 10-004 -
Williamson Act Contract No. 3265, Ag Preserve No. 531, south of
PNR 10-006 -
Williamson Act Contract No. 8776, Ag Preserve No. 436,
PNR 10-007 -
Williamson Act Contract No. 3171, Ag Preserve No. 595, east of
PNR 10-008 -
Williamson Act Contract No. 5080, Ag Preserve No. 1643, south of
PNR 10-010 -
Williamson Act Contract No. 4689, Ag Preserve No. 1667, southeast of Dinuba
(Jiggerian) (1.05 acres from 40.00 non-renewed as a condition of PPM 09-040)
(40.00 acres in one parcel subject to contract amendment)
PNR 10-012 -
Williamson Act Contract No. 4458, Ag Preserve No. 1278, southeast of Dinuba
(Pauley) (1.12 acres from 40.28 non-renewed as a condition of PPM 10-005)
(40.28 acres in one parcel subject to contract amendment)
PNR 10-014 -
Williamson Act Contract No.19930, Ag Preserve No. 4381, east of Farmersville
(Rose) (1.32 acres from 82.00 non-renewed as a condition of PPM 10-002) (82.00
acres in one parcel subject to contract amendment)
ADJOURN AS THE
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE
Sheriff/Coroner
Workforce Investment Board
(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: 4
Threats of
litigation in the public record regarding the proposed Tulare County General
Plan 2030 Update and Draft Environment Impact Report
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (c)]
Number of
Potential Cases: 7
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Paula Borgioli v. County of
Tulare, et al, United States District Court, Eastern District of California
Case Number 1:08-CV-00857-LJO-SMS
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Gregory Hernandez, deceased v.
Workers'
Compensation Appeals Board Number: ADJ 7198839
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Paul Frederick vs.
Workers'
Compensation Appeals Board Number: ADJ 7299215
Next Item(s)
Sitting as...
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Cheryl Black vs.
Workers'
Compensation Appeals Board Number: ADJ-4032859
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:
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: 1
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: 1
Next Item(s)
Sitting as...
CONSIDER THE
DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:
Details
Public
Employee Discipline/Dismissal/Release pursuant to Government Code Section
54957, et seq.
Next Item(s)
Sitting as...
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley,
Jean Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...