Report: Developer Point of Controversy

Tulare - A citizens' advisory committee that studied the potential impacts of the proposed Tulare Motor Sports Complex on the community for three months has issued its findings on 13 issues, including land, water, air quality, traffic and other matters.

The report did not produce an overall recommendation for the Planning Commission, which was scheduled to consider the 711-acre project this week, or the City Council, which will hold its public hearing Dec. 29.

“Many of the committee members support the project, while others remain undecided,” the report said. “Several individuals on the committee expressed explicit opposition to the project.”

The report indicates the development corporation headed by Fresno developer Bud Long was the committee's most controversial topic. Almost from the start, Long, who pled guilty to federal tax fraud in 2001, has been a focus of concern by project opponents.

“Although the committee held various opinions of the development corporation's reputation, to the committee's knowledge the developers have fulfilled their obligations for this project and funded all of its known obligations at this time,” the citizens' report said.

The report in its appendices also includes a 13-page review by committee member and farmer Ron Clark that sharply calls into question the economic impact analysis the Ramsay Group did for the project.

Clark notes the analysis relies on the developers' projections regarding number of events, visitors and visitor spending.

His review was based on interviews with track managers for Infineon Raceway, Las Vegas Motor Speedway, Auto Club Famosa Raceway, NASCAR and National Hot Rod Association staff members, and The Goodguys Rod and Custom Association event coordinator and nationally known racers and racing industry executives, Clark said.

'Wishful Thinking'

“The unanimous consensus of this group is clear,” he wrote. “The numbers that were provided by the developer regarding number of events and visitors, and visitor spending profile, are based on wishful thinking, not reality. All agree that without participation and cooperation of either International Speedway Corporation (ISC) or Speedway Motorsports Inc. (SMI) a project of this size is doomed from the start.”

Long has said racing corporations won't commit to hold races at a site before a developer takes control of the property, which in this case is still in escrow.

Clark also said most of those interviewed had not heard of either Long or the project.

The Ramsay Group also notes a variety of reputable sources were used for its study, but Clark contends the firm lists no reputable sources regarding “the critical racing component” for the project. In addition to a speedway and drag strip, the project also includes retail commercial projects such as hotels and shops, offices, condominiums and a recreational vehicle park.

Natural Waterway

The citizens' report also gives considerable attention to the idea of preserving and protecting Elk Bayou, given the fact the motorsports complex's proposed RV Park is to be built within 100 feet of it.

“A natural aesthetic transition between campsites and the bayou habitat should be studied and planned before the project is approved,” the report said.
Members also called for formation of a citizens committee to manage the waterway and for a plan to protect the bayou from off-road vehicle use.

What follows are summaries of the committee's findings regarding other environmental concerns and the issues the committee wants the Planning Commission and City Council to consider.

Land Use Findings:

· The project would take approximately 600 acres now farmed for corn, cotton and winter crops out of production. The land is considered “prime” for agriculture, which means it's among the best in the county for growing crops.

· The city already has identified the land for future commercial and entertainment development in its 2030 General Land Use Plan.

Issues:

The loss of prime agricultural land remains a concern because agriculture is the county's number one industry and the matter remained unresolved with the committee.

Committee findings suggest it is possible to mitigate this land loss through measures identified in the environmental impact report. (One of those measures calls upon the developer to take steps to “conserve one acre of equally good, equally at-risk farmland for every acre of farmland converted by the project.”)

“However, the loss of prime farmland that is currently under Williamson Act contract for farm land conservation is an ongoing and unresolved concern for the Tulare County Farm Bureau and some of the committee members.”

Air Quality Findings:

· Impacts on air quality during construction would be no different than with any other commercial project and mitigation measures in the EIR appear “thorough and comprehensive.”

· Mitigation measures relating to operation of the complex are inadequate. “We believe the most effective measure to offset the pollution generated by racing activity, and resulting spectator vehicle traffic, would be an investment in large-scale photovoltaic solar energy technology.” It was also suggested “green” building and solar energy techniques be used during construction.

· A residential housing development would impact air quality more than the racetrack project, because there would be more vehicles and more people on a daily basis, excluding the six major racetrack events expected each year.

Issues:

Asthma, which is affected by air quality, pollen, mold, dust and infection, is a concern among South Valley children. Scientific studies have found children living near busy roads may have more asthma and bronchitis incidents.

A recent study shows more premature deaths related to air quality occur each year than previously thought. One of the worse pollutants is PM 2.5, which are particles that result largely from internal combustion engines associated with the increasing number of vehicles in the Central Valley.

Water Findings:

· The racetrack project would result in a 75 percent savings from current water usage. The committee did its own calculations and concluded the EIR's estimates that the current average annual groundwater use for 700 acres of ag land is 2,080 acre feet and that the projected annual use by the racetrack would be considerably less — about 670 acre feet — are “reasonable.”

· If the city allowed housing on the site instead of the proposed project, as much or more water would be required as is currently used by agriculture.

· Rainwater would be diverted to two ponding basins that are part of the project.

· A “gray water” system would be used for landscaping.

Issues:

“California is currently facing unprecedented demand for water for urban, residential and agricultural needs. All new development must have a reasonable supply of water assuredness, while not impacting existing uses…”

Noise Findings:

· There may be more traffic, but the noise from it will remain the same.

· As for the impact of the noise on milk production, committee members researching on their own found: dairies themselves can be noisy inside and outside the milk parlors; county dairies operate near busy roads/highways and train tracks with no apparent adverse conditions; no definitive studies on racetrack noise and milk production have been done; three dairies operate about a mile from the Lemoore Naval Air Station and experience jet engine testing noise without problem.

· Speedway noise may or may not be an issue with residents of Sunrise Estates to the north or the dairies to the south. Races last from 30 minutes to four hours and the sound level would be equal to that of heavy traffic. These types of events may occur two to six times per year, according to the developer.

Issues:

Drag strip (as opposed to speedway) noise generated by 6,000-plus horsepower Top Fuel dragsters and Funny Cars is going to be heard. The total time these cars would be on the racetrack is about two hours spread over the race day. The developer anticipates these types of vehicles would appear once a year.

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Killion: Protecting City's Past, Future

Tulare - Jeff Killion moved to Tulare nearly 30 years ago when he and his wife, Lori, purchased Gainsborough Studio, and he has enthusiastically participated in the life of the community ever since then.

That involvement includes nearly 20 years on the city Planning Commission, which plays a key role in the growth and development of the community, and a commitment to help preserve the town's history.

For these and other activities, the Tulare Chamber of Commerce has named Gainsborough Studio its 2008 Small Business of the Year.

“I'm still shocked and surprised,” Killion said several days after the announcement, which was made at a Tulare Rotary Club meeting.

Curt Lange, president and general manager of Lange Plumbing Supply, the 2007 Small Business of the Year, and a member of the selection committee for this year's award, praised Killion for the manner in which he serves the community.

“We like the kind of people who don't have to toot their own horn,” Lange said.
Ellen Gorelick, director and curator emeritus of the Tulare Historical Museum, and Darrel Dumermuth, author of two books on the history of Tulare, written as museum fund raisers, praised Killion for his contributions toward preserving and recording the city's history.

“He digitalized all the pictures in both books,” Dumermuth said, reporting the first, “A Town Called Tulare,” had 256 photos and the second “Tulare Legends and Trivia from A to Z,” featured 450.

“It took him hours and hours to do that,” Dumermuth said, adding Killion charged “not a penny” for the work. “If he had, that would have raised the price of the books considerably. I think it's very gracious of him to do all this.”

Killion is also a life member of the Tulare City Historical Society and has been involved since the beginning, Gorelick said.

“Not only has he preserved our distant history, he's preserving things today for the future,” Gorelick added, noting Killion can often be seen photographing community events, such as the recent unveiling of the Bob Mathias and Sim Iness mural.

“He's really such an asset to the community and I'm happy he's being recognized,” she said.

Richard Miller, chairman of the Planning Commission, said he also was happy to hear the community is honoring Killion, who is commission vice chairman.

Miller and Killion, who were both appointed in 1989, have more than a few times vigorously debated issues, but Miller said he has nothing but respect for Killion, whom he describes as a good businessman who is not afraid to voice his opinion.
“He's been very loyal to Tulare and very supportive of downtown,” Miller said. “I'm real happy for him.”

Comes Naturally

Involvement in the community comes naturally to Killion, who said his father, a career Navy officer, was always involved in Boy Scouts and other activities.
“It is what you do,” he said. “You give back to those who help make a good life for you.”

His passion for preserving history shouldn't surprise anyone, Killion said.
“Photographers are historians, because every time you push a button, you capture a moment in time,” he said.

So many images from years past in Tulare have been lost and he is committed to preserving what remains, a job that digital photography has made easier. “Digitalizing is important, so we can have images in two locations so we don't lose anything,” he explained.

Like his father, Killion served on the Boy Scouts' district council when it was in Tulare. He is a past member of the Tulare Historical Society board of directors, a past president of the Tulare Rotary Club and served for a number of years as treasurer for the United Methodist Church.

He is a past president of the Chamber of Commerce and of the Tulare Business Association, which eventually merged with the chamber. He also served on the Tulare Redevelopment Agency board before his Planning Commission appointment and is a past president of Professional Photographers of California.

Born in Washington D.C., Killion, 62, has lived in Hawaii, Seattle, San Diego, St. Louis and the Philippines. He is a graduate of the Brooks Institute of Photography in Santa Barbara and served in the Navy reserves after graduation. He worked in color laboratories in San Francisco and Bakersfield before moving to Tulare.
He and his wife, Lori, have a son, David, and three grandchildren.

Downtown Fixture

Gainsborough Studio has been a downtown Tulare fixture for nearly 90 years. Thomas Cooke founded the business in 1920 at 215 East Tulare Avenue and named it after a relative of his, Thomas Gainsborough, who painted the famous “Blue Boy.”

Cooke operated the studio until he sold it to Mr. and Mrs. W. R. Missman in 1935.
Gene Smith, who was born and raised in Tulare and who previously had worked as a city editor for the Tulare Advance-Register, and his wife, Gerry, purchased the studio in 1945, when it was located at 251 North K St. in what is now Tower Square.

In 1973, the Smiths purchased the old State Theater at 225 East Kern Ave. from United Artists in Hollywood and remodeled the building to house the photography business. Gerry Smith continued to operate the studio after her husband died, selling the business to the Killions in 1979.

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Ariel Still Committed to Outlet Expansion

Tulare - For six months Ariel Preferred Retail Group has scoured the market looking without success for construction money to begin Phase IV of its Tulare outlet center, but the company has not abandoned the project and is determined to see it come to fruition.

A company official reports the group is even contemplating using its own money to add another 164,000 square feet of retail space to the Preferred Outlets Center at Tulare.

“It [the expansion] is so important to us as a company that we're seriously considering this,” said Ariel's Donald E. Chapman, managing director of operations and development.

While not at liberty to announce specific companies that are ready to come to Tulare, Chapman said Ariel has signed leases for about half the phase. He described the tenant list as “impressive” and said it includes upscale brands similar to Tilly's that appeal to a broad segment of the population.

The expansion will take the center to 400,000 square feet of retail space.

“You're a serious player in California when you get to that number,” Chapman said.
When Ariel bought the center about 2 ½ years ago, it spent an additional $11 million to acquire adjacent properties that it has land banked for future expansion, turning down numerous purchase offers, he said.

When the center grows to 500,000 to 600,000-square-feet, he explained, “we will totally insulate ourselves from any one (competitor) in the San Joaquin Valley.”

'Very Bad Start'

Chapman was involved in the Tulare outlet center in 1995 and said it got off to a “very bad start” because the company built a first generation center, placing it half-way between two large metropolitan areas — Fresno and Bakersfield — and assuming people would drive 60 miles for a good shopping experience.

While that was true at one time, already in the mid 1990s the market was seeing a new trend in which shoppers were staying closer to home. Had the company considered the number of rooftops Tulare had then, it might have built, instead, on the outskirts of Fresno, he said.

But, fortunately, the market over the past 13 years has grown up around the Tulare center. The population within a 30 mile radius is 642,124, which is “dramatically higher than in 1996 — a healthy number and it's growing,” Chapman said. “Thirty miles is now considered to be a drivable distance.”

Ariel has spent the past 2 ½ years spreading the word in the outlet industry about its Tulare center and how market conditions have improved and that effort is paying off, which is why the company is eager to do Phase IV as soon as possible, he said.
In his 30 minute meeting with planners, Chapman shared other information about the center's demographics. He reported:

• The predominant shopper age group is 25 to 44 years old with average household incomes above $59,000.

• Two-thirds of current shoppers have at least one child in their household between the ages of six and 18.

• The average group that comes to shop has 3.5 people.

• The average annual shopping frequency is 9.3 visits.

• Typical shoppers visit 5.8 shops on the average and purchase in 2.7 of them.

• The “zero spending rate” is low at 6 percent with the average expenditure at $184.

• Shoppers spend an average of 121 minutes per visit.

• Most current shoppers have only shopped at Preferred Outlets within the last year.

• Customers indicate they would visit more often if there were more eating places and parking.

Market penetration figures show 87 percent of shoppers at the Tulare center reside within a 60-mile radius, while the remaining 13 percent live further away, Chapman said.

About 30 percent of the shoppers live in Tulare, he reported, adding that “our penetration into the Tulare market is extraordinarily high.”

The center opened in November 1995 with 138,647 square feet of retail space. Phase II, completed in November 2003, added another 31,400 square feet and Phase III, which opened in November 2005, added another 56,358 square feet, bringing the total to 226,405 square feet. Galaxy Theatre was added in 2004.

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Tulare Business Grows Despite Economy

Tulare - Tulare businessman Tom Humphrey is finding that even in economic hard times, a good idea can take hold and grow into a profitable business.

Humphrey, owner of Humphrey Biotic Solutions, is now distributing his Microbial DP — a high-powered bacterial concentrate that he developed that digests and liquefies dairy waste which is then used as fertilizer — in three Australian states, New South Wales, Victoria and Tasmania. He is also going through the paperwork to distribute the product in New Zealand.

“In the future, we look to be going to South Africa as well,” he said. Prior to expanding to the international market, Humphrey sold his product mostly in Tulare County.

What excites him the most about Microbial DP is its ability to deal with dairy solids in “an eco friendly and inexpensive manner,” Humphrey said, adding not only is the product not harmful to the environment, it's helpful.

“I don't have a farmer in my stable buying any commercial fertilizer,” he explained. “Not only are they not buying commercial fertilizer, which is chemically based, they're not using fuel to spread it.”

Humphrey said he was researching the impact of enzyme activity on rose petals at California State University, Bakersfield, in 1988 when he came across an article about the bacterial remediation of swine manure for methane production.

“Why aren't we doing this for cow manure?” he recalled asking. People in the industry told him it couldn't be done but the question stuck with him and a decade later he formulated an extremely concentrated blend of seven bacteria that produce the enzymes needed to break down dairy manure.

Other products exist, but Humphreys said Microbial DP is “the right blend of the right bacteria in the right concentration at the right price” and there's not a dairy waste system it doesn't work in.

Going International

Humphrey often helps take Tulare visitors on local ag tours and was conducting one in April 2006 when he met Grant Rogers, a New Zealand transplant living in Tasmania.

Rogers, one of 50 dairy owners who had won a trip to the U.S. that included the tour, became very interested when Humphrey made brief mention of manure management practices.

They had a lengthy discussion later and Rogers asked for a shipment of the product so he could test his own system. He liked the results and eventually began his own company, distributing Humphrey's product.

In September, Humphrey flew to Australia and for two weeks spent 10- to 12-hours days meeting with groups of dairy owners and explaining how his product works.

In addition to spending time with Rogers and dairy owners in Ouse, Tasmania, he also traveled to Port McQuarie, New South Wales, where he stayed with Nick Bullock, a dairy consultant who has partnered with Rogers, and conducted field trips. In Cowra, New South Wales, which is in the center of Australia and east of Sydney, he linked up with Ian Hindmarsh, a farmer who was the National Rugby League's Player of the Year in 1995.

“I lived with the people and it was a great experience,” Humphrey said. “I loved the people.”

Humphrey would not say how many dairies he supplies with Microbial DP, but said it is “enough to make a comfortable living, not a killing.”

The 1980 graduate of Tulare Western High School has lived in Tulare since he was 3 years old and is married to Claudia Soares Humphrey.

He received an associate of arts degree in music from College of the Sequoias in 1987, but fell in love with biology while attending the community college and went on to obtain a Bachelor of Science degree from California State University, Bakersfield.

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