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Council Leans Toward 'Yes' on Racetrack

Tulare -Three City Council members say they are leaning toward a 'yes' vote next week on the Tulare Motor Sports Complex.

The council will meet at 7 p.m. Monday at the Tulare Senior Center, 201 North F St., to first conduct a public hearing and then vote on the controversial project.
“I believe this council is going to vote 3-2 in favor…that's a foregone conclusion,” Dr. Tom Drilling, a retired dentist and project opponent, told the City Council at a study session last week.

Conversations with the five council members seemed to indicate a 3 to 2 vote — with Councilmen David Macedo and Wayne Ross opposed — is a strong possibility, although not a foregone conclusion.

Councilman Richard Ortega said he is leaning toward a “yes” vote, but still wants reassurance “we're not going to be left hanging in the lurch” if lawsuits are filed.
“I want to make sure the city is well-protected,” Ortega said.

During the study session, Mayor Craig Vejvoda asked City Attorney Steve Kabot about reports the County of Merced recently had to pay $279,264 to plaintiffs in a lawsuit over a proposed racetrack because the developer defaulted on a court-ordered payment.

Kabot said he only knew what he had read in the newspaper about the case, but that the city has taken steps in a development agreement to protect itself.
“If there is that kind of litigation…we will require the developers not only to indemnify and defend us, but provide us with the financial reassurance — by way of a bond or some other security — that they would pay what they're required to pay,” Kabot said.

Ross Wants to Know

Ross said he wants to know exactly what went wrong in Merced.

“History is the greatest teacher, right?” he said, adding later “I'd like to see what was signed, because I guarantee you Merced did not think it was going to be handed a $300,000 bill.”

Ortega said later that this is one of those once- or twice-in-a-lifetime projects that would be an economic boon to the community and ensure the long-term viability of the International Agri-Center and its annual World Ag Expo, which is facing competition from a new Florida event.

“[The Agri-Center] has wanted hotels, recreation centers and a convention center that this facility would officer,” said Ortega, who is one of the charter members of the Agri-Center board and served 19 years as a voting member and three as an ex-officio member.

In addition to a speedway and drag strip, the complex would include hotels, retail businesses, professional offices, a recreational vehicle park, condominiums and lots of parking.

Ross and other opponents have insisted the numbers developer Bud Long and his group have presented regarding number of events, attendance and spending by attendees are grossly inflated and they are worried the project will fail.
“If it doesn't work, all the other developments around it will probably cease to exist,” Ross said.

Ortega said the numbers seem high to him too, but he believes over time they will become reality.

“Who am I to doubt an investor or developer who comes to our community and wants to risk his own money,” he said. “It's not our risk…it's their risk.”

'Change is Coming'

Vejvoda said he continues to lean in favor of the project. “People, they don't want change, but change is coming,” he said. “We can live in denial of it or we can shape it and embrace it. I think the city will be at very little risk and potentially see phenomenal returns.”

Like Ortega, he said it wasn't his job to determine whether the project will fly or fail. In a conversation with the mayor of Newton, Iowa, he said he learned people there thought a racetrack project “wouldn't fly,” but it has.

Vice Mayor Phil Vandegrift did not actually say he was leaning toward a “yes” vote, but said he is watching the public process and thinks “the process is shedding good positive light on the opportunity that is before us.”

He also said it's up to the investors and bankers to determine if the project can succeed. “Our job is entitlements,” he said, referring to the land use, zoning and permitting requests the city must consider.

“We're not here to judge people's business plans,” he continued. “This is America. You have a right to make as much money as you can and you have a right to lose as much money as you can.”

'Wrong Project for Tulare'

Councilman David Macedo continues to oppose the project, as he has from the beginning, describing it as “the wrong project for Tulare.”

The community, including the agricultural sector, is split on the project and he — as well as Ross — wants the people to vote on the proposal, Macedo said.
While several council colleagues disagree, saying they were elected to make the hard decisions, Macedo said he thinks this decision is different from most the Council makes.

“This changes the look of your city a little bit; it makes it a different kind of city,” he said.

“I get calls daily against it…but I still get calls for it and questions about 'Why are you doing this?' from people I respect,” he said. “Some of my best friends stand on the other side of the fence. I guess I'm not vain enough to think I should be one of only five people that get to choose the direction the city takes.”

Development Agreement

During last week's study session, Kabot reviewed the development agreement that the Council will be asked to approve Monday. He said the agreement is designed to protect the city financially, lock the project into the city standards, requirement and fees that exist today and set a timeline.

The timeline is important or the agreement won't work, he said.

“We want to make sure we don't grant 20 years worth of locked-in conditions and then wait until year 19 for everything to develop,” he said. “It has to be a reasonable and orderly progression to make this work.”

The agreement will allow the developer to forego paying millions of dollars in development impact fees up front. Instead, the city will allocate a portion of the sales tax and transient occupancy tax revenues generated by the project to cover the DIFs, Kabot said.

If the revenue stream is not sufficient to cover the fees, the developer will have to pay the balance directly.

Before the tax revenue sharing formula is calculated to cover the DIFS, an additional $2,800 per net developed acre will be taken off the top and go into the general fund to cover the cost of providing police, fire and other municipal services to the complex. The $2,800 per acre figure is the state Department of Finance's estimate of the cost to provide services, Kabot said.

The agreement calls for the developers to build for more than $50 million in private and public infrastructure improvements at their own costs, with the city reimbursing them for its share in the future.

To help the property owners pay for the improvements, the city will support formation of a Community Development Facilities District, which will be recorded. In the future — when the bulk of the project is completed and can be used as collateral — the district will have the ability to sell bonds to retire their higher-interest private loans.

This is not a primary funding mechanism, but an alternative means that the city and developer can use, Kabot said.


Tulare: The Giving City

Tulare - Susan Henard, co-pastor at the Vineyard Christian Fellowship Church, said she would like everyone to know what Debbie Jaskar did this holiday season, because she thinks it would dispel false perceptions people have about others.

“People are so cynical,” Henard said. “They think everyone is a taker.”

That is certainly not true of Jaskar, who is a 48-year-old disabled truck driver on a fixed income. While she has participated in the Vineyard/FoodLink of Tulare County food distributions when she has had trouble making her groceries stretch to the end of the month, she is very much a giver.

Jaskar had signed up to receive a Christmas food basket in October, but before Christmas she went to see Henard again, this time with a bag and a request.
The bag was filled with nearly 30 toys she had purchased on sale throughout the year when she had managed to save a little money. She wanted to donate them to the church's toy giveaway.

The request: “Please take my name off your food list, because in October we weren't doing so well, but we're doing better,” Henard recalled her saying
“She gave up her spot and not only gave it up, but gave us toys,” an amazed Henard said.

When she delivered the toys at the church, she heard Henard trying to explain to others who had requested food baskets that “she had to take the people who signed up first,” Jaskar said.

That's when she decided to give up her slot. “They needed it more; I'm not going to starve,” she said.

As for the toys, Jaskar said she grew up in a family of seven children — she was the only girl — with a single mother who struggled each Christmas to get gifts for her kids.

“I told myself, 'When I get older, I want to help and do what I can,'” she said. “If I ever win the lotto, the first thing I'm going to do will be for the homeless and families that don't have anything.”

Jaskar is a giver — and so are the many hundreds of other Tulare residents who have come together to make Christmas a bit happier for those struggling economically.

What follows is just a small sampling of the giving that has occurred during this special season:

Nearly Double

Vineyard Christian Fellowship, in conjunction with FoodLink of Tulare County, provided food boxes for 850 families for Christmas 2007. This year, the little church of 150 people and its volunteers distributed boxes for 1,650 families.

“You can't believe the amount of people in need,” Henard said. “Their husbands were working and then they were laid off and they don't know what they're going to do…The needs are very, very great.”

In addition to the food that comes from FoodLink, the church's Compassion Ministry raised and spent $7,500 more on groceries at R-N Market, which “has been very, very good to us,” Henard said.

The church also conducts a toy giveaway during the two days food boxes are distributed.

“Our church sanctuary is taken down and turned into a giant toy store where kids up to age 13 can come into and select their own toy,” Henard said. “It's such a wow factor when the kids come in and see the boys.”

Harley Davidson of Visalia donated toys for about 1,200 children and the Oakdale 4-H donated about 100 toys.

'Huge Outreach'

Principal Barbara Xavier says her students at Garden School never cease to amaze here. After collecting more than 5,000 cans of food for Vineyard Christian Fellowship's food pantry at Thanksgiving, student body leaders decided to undertake another service project, this time playing Santa to 220 third grade children at a needy school outside the Tulare City School District.

“Every child gets a piece of clothing and every child gets a toy,” Xavier said a couple days before the gifts were assembled and taken to the other school.
“It's a huge outreach and my Garden people have been terrific,” Xavier said. “Garden families — some who have multiple kids — every single one of them adopted a child. I actually had one parent come in and say, 'I'd like 10.'”

Garden students are “special kids,” she said. “There have been moments at other schools and in other years that I have had students who have been very sensitive, concerned and compassionate about the needy… [but] I have never been part of a school community has been so anxious to do things regularly to help others.”
The outreach was the student body's third of the year. Three more are scheduled for the spring.

'Blown Away'

Tulare District Hospital employees decided to celebrate the holidays in a different way this year and 40 Tulare families are having a brighter Christmas as a result.
With the help of the city's two school districts, each TDH department adopted a family, decorating a tree and buying gifts that in most cases were delivered to their home.

The hospital got things rolling by buying 31/2-foot tall, pre-lit trees from Lowe's, which was “very generous” in its pricing, and conducted a decorating contest among the departments, said John Barbadian, vice president for human resources.

“When we did the judging, I just got blown away,” Barbadian said. “In one department they actually had bought two two-wheel bikes; another had collected more than $500 in gift certificates they were going to give their family and in the OB Department, one of the nurses actually knitted sweaters for the kids.”

Delivering the trees and presents was a moving experience for many employees, he said. “At one house, the mother had passed away earlier in the year on one of the kid's birthday and the father told the group, 'I'm so grateful” … I don't know what I've done to get this.”

Times are tough economically on a lot of people, but “the silver lining is people are coming together to help one another,” he said.

'Giving Like Crazy'

One again Rick and Nannette Allison spearheaded American Thunder's annual Christmas Dreams Toy Run, which found a large group of bikers — led by Allison wearing a Santa Claus suit — delivering toys, clothing, blankets and grocery certificates to 14 families last weekend.

Allison said people have been especially generous in donating to the run this year, despite the poor economy. “They're giving like crazy,” he said.

R-N Market donated $500 worth of gift certificates and Christmas Dreams bought an additional $1,000. One person donated 100 Teddy bears.

The list of giving moments in the community goes on and on and includes The Salvation Army providing food and gifts for 500 families with the help of volunteers who staff the kettles and supporters of Res-Com's annual Christmas party. It also includes the Tulare Police Department's annual Toys for Kids, which made deliveries at 646 households this year and the numerous efforts by students, churches and others to replenish the shelves of Tulare Emergency Aid.
Merry Christmas, Tulare.


Developer: Wal-Mart Eager to Build

Tulare - Cartmill Crossing North, a proposed 132-acre regional shopping center along Highway 99 that is expected to include a Wal-Mart Supercenter, has taken another step forward with completion of a draft Environmental Impact Report (EIR) that outlines how the project will proceed.

Developers R.W. Henry and Associates of Moraga and Ben Ennis of Porterville plan to build the project in four phases on the north side of Cartmill Avenue at the Highway 99 interchange, the draft report said.

The first two phases will include 763,000 square feet of retail space and a 237,000-square-foot Wal-Mart that is expected to operate 24 hours a day seven days a week and include a 14,500- square-foot garden center.

The third and fourth phases will include another 100,000 square feet of retail space and a 16-screen, 70,000-square-foot theater with seating for about 2,900 movie-goers.

While the EIR reported the first two phases are targeted for completion in 2010, developer John Henry said he suspects a portion, but not all, will be built by then.
“The economy definitely has changed things,” Henry said.

While it might seem pie-in-the-sky to talk about building a center at least twice the size of Preferred Outlets at Tulare as the country struggles through a recession, developers and city officials say Wal-Mart's interest in the project is an encouraging sign because of its ability to attract other retailers.

He was told In and Out Burger was not interested in going into the center until it learned of Wal-Mart's plans, said Vice Mayor Phil Vandegrift, who also is the real estate business.

Wal-Mart wants to open as soon as possible, Henry said. “It wants to upgrade all its existing units to better serve consumers.”

Supercenters include a full-service grocery store and more than 35 departments of general merchandise. Tulare's 146,000-square-foot Wal-Mart in Plaza Del Lago was built in the mid-1990s and is not a supercenter.

“Wal-Mart is under contract to a developer who will take over the former Wal-Mart space after it is vacated and lease it to a new tenant or tenants,” the EIR said.
Henry's company developed the Hanford Wal-Mart Supercenter and Ennis is working on the Wal-Mart Supercenter project in Porterville.

Cartmill Crossing developers have spoken in the past with Galaxy 10 Theatre officials about moving to the proposed center, but Henry said they “we're not talking to anyone at this moment.”

An economic study done in conjunction with the EIR noted competition from a 16-screen theater would likely force the Galaxy 10 Theatre in the outlet center to close, but concluded that would not harm the center, which would have several options regarding the building.

Significant Impacts

The proposed regional center would have significant impacts on the environment. While most can be mitigated to a “less-than-significant” point, the impact upon agricultural resources and air quality would remain significant regardless of mitigation measures, the EIR said.

The project would mean the loss of 132 acres of prime farmland, most of which is currently cultivated for row crops such as wheat, corn and alfalfa.

The city is working on an Agricultural Conservation Program that would require developers who build on prime farm land to take steps to preserve an equal amount of prime land elsewhere, but that would not decrease significance of the loss, the report said.

As for air quality, the center's operations would have a “significant and unavoidable” impact even after 14 mitigation measures are put into practice.

Those include such things as providing bicycle lanes and connections throughout the center, starting carpool/vanpool programs for employees and prohibiting trucks with diesel engines from idling more than five minutes.

The potential impact on traffic is huge, but the developers, city and Caltrans are working on design and engineering plans and financing strategies to reconstruct the Cartmill/Highway 99 interchange, widen Cartmill from J Street to Mooney Boulevard, build an overpass at the Union Pacific Railroad Tracks and widen Highway 99 through Tulare.

In addition to economic factors, the timing of phases three and four of the project is dependent on when the state builds the new interchange, because it will be key to handling traffic volumes created by the expansion.


Planning, Technology Helped Fight
Possibly Largest Blaze in 25 Years

Tulare -A change in strategy, technology and determination all played a major role in the success firefighters had in limiting damage at the Land O' Lakes fire last week.

Fire Chief Mike Threlkeld called the fire possibly the city's largest since the old Tulare Hotel burned in 1983. He said by far it was the most challenging the city has faced in more than a decade.

The Dec. 16 fire did in excess of $2 million damage to a 90,000-square- foot building at the creamery, which processes more than 12 million pounds of milk a day, but the savings was estimated at several million dollars, City Fire Investigator Frank Furtaw said.

The fire broke out shortly after 8 a.m. and it was nearly two hours later before it was contained. Furtaw said firefighters were still dousing small flames eight hours after the fire began and crews did not leave the scene
until 9 p.m.

“When we got there and saw what we had, we knew it was going to overwhelm us,” Threlkeld said. “We knew we needed a second aerial device (ladder truck).”
Besides requiring nearly every Tulare city firefighter and piece of equipment, the fire brought two engines and a ladder truck from the county, as well as a ladder truck from the city of Visalia. County and Visalia crews and engines also covered the city while Tulare firefighters attacked the blaze.

The fire began in a second story storage room used by Yoplait Yogart when it operated a plant at the creamery, Furtaw said. The room had not been used in three years, but it still had electricity and apparently that is what started the fire that quickly spread to the roof.

“The only plausible conclusion - looking at everything - is electrical,” Furtaw said.
Power to the entire building went out at 8 a.m. and soon afterwards workers noticed smoke coming from the room, he said. Something significant had to occur to knock out power to the entire building, part of which is dry storage and part cold storage, but they could not pin it down. “It was a significant short,” he added.

Furtaw said a worker had entered the sealed room just 20 minutes prior to the power going out and didn't notice anything unusual.

The building, constructed in the 1970s, is part of Plant 2, which was shut down and evacuated, while the creamery's other three plants continued to operate, Furtaw said.

As big a challenge as the fire was, damage was limited mainly to the roughly 40-by-50 foot room and the roof above. There was water damage in other parts of the building because the sprinkler system, although below where the fire was burning, did activate.

Change of Plans

“It was burning pretty good,” when engines arrived, said Threlkeld, but by the time firefighters were able to get set up and get to the roof, the fire had progressed.
Plant employees were attempting to contain the fire when firefighters arrived, but because it was burning just below the roof surface, they were not very effective, he said.

Threlkeld praised the employees, saying they had already done a good job of accounting for everyone in the building and already had drawings ready for firefighters. “Everything we asked, they had an answer. Cooperation was 100 percent,” he said.

Workers also quickly shut off ammonia that is used to power the refrigeration units, eliminating what would have posed a danger to both firefighters and the public had there been an extensive leak, Threlkeld said.

Firefighters began attacking the fire from the roof, but were not having a lot of success. An hour into the fire, crews were reporting the roof was getting “spongy” and the decision was made to pull them off of the roof. That proved to be a good call.

“One of the steel I-beams had separated, the roof was near collapse,” said Threlkeld, although it did not collapse. “There are hundreds of stories of firefighters getting killed on roofs. We were very lucky, but we're better trained and better prepared.”

So, the firefighters had to take another approach - one that proved very effective.
They went inside and located the fire using thermal imaging and applied a master stream from the Tulare Fire Department ladder truck, the chief said. That master stream was 500 gallons a minute.

“That's when we really started making progress,” he said, adding the thermal imaging tool, which the department has had on its engines for five year, “is a tremendous tool. Instead of guessing, you can find the fire.”

An hour into the fire and Threlkeld was worried they could lose the entire plant, but the new approach was turning the situation around in favor of the firefighters, who were able to cut holes in the roof to get the water to where the blaze was burning.
In all, more than 40 men and women attacked the fire.

“One of the things I was most impressed by was the staff's effort. The men and women did a superior job. They did everything in their possible power,” the chief said.

The size of the building and its 20-foot height posed many challenges for the department, especially since it has only one ladder truck. The city's 2000 model truck replaced the old 1974 model in 2002. A new one would cost $1 million, Threlkeld said.

Because of the height of the building and lack of space to set up ladders, crews could not use ladders to access the roof. While the city's truck was the only used to apply water, Visalia's truck was used for access.


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December 25, 2008

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