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Suit Targets General Plan Approval
Don Manro's 5th Tussle with City will Hold Up Projects


Tulare - Do you remember the famed Dr. Seuss children's book “The Lorax” who was a small man that popped out of tree stumps claiming he “speaks for the trees” that have been chopped down. Today, the 1971 story is considered a metaphor for what is happening in industrial society rapidly displacing the natural environment in a constant drive to “get bigger.”

Today environmentalists, like Tulare's Don Manro, are happy to call themselves members of the “Lorax Society” and Manro himself is unapologetic about his fifth lawsuit over the years filed in Tulare County Superior Court last week against the City of Tulare. The latest is against the city's recently adopted general plan update, a plan outlining growth in the city for the next 30 years.

“Like before, I believe they made technical blunders and left out important information and ended approving their EIR without adequate review,” says Manro pointing to the city approval of a large industrial annexation south of Elk Bayou as a good example of the lack of adequate review or mitigation required by CEQA – the California Environmental Quality Act.

Manro's suits are always related to growth and Manro is adept at using the CEQA process that has the effect of slowing the approval on plans and projects by pointing out that the plan has shortcomings, errors in procedures or has not accounted for all environmental effects or migrated those effects to the degree possible.

Tulare city attorney Steve Kabot says Manro filed the latest suit May 15, the last day possible to meet statutory requirements. The city also received a notice of intent to sue from the Sierra Club, says Kabot, but that he knew of, no lawsuit had been filed by last Thursday.

The suit against the city's general plan update will likely mean any project that depends on that general plan will be delayed, says Kabot, with a likely nine-month wait before a court renders a verdict on the suit's merits.

Manro says he is upset that there are several projects that depend on the new general plan including the airport master plan and the upcoming motor sports plan that will each likely affect Elk Bayou, “the only natural riparian area that is left in Tulare. “How would you like to be a nesting bird in Elk Bayou and subject to the noise from the decibels coming from those top fuel dragsters?” he asks.

He says the bottom line on the motor sports complex that gets its approval partly through the general plan adoption and its own EIR still coming up – is that “the big picture is that we are running out of oil, the growth of global warming, the decline of the automobile industry and locating a sports park that races cars by the only riparian area we have left in town amounts to insanity.”

City Manager Darryl Pyle says the city has made a good faith effort to accommodate growth and that was the purpose of the general plan update. Pyle says a judge will have to decide if and how much a delay there will be on projects that are part of the general plan update.

One issue that the city is working to address is a plan to mitigate the development of ag land around the city by buying conservation easements or farm land elsewhere to protect in perpetuity.

“We are committed to that idea,” says Pyle, and are “working with the City of Visalia to hire a consultant to come up with a plan” – a matter that will be heard by the Tulare City Council in June, he says. Observers expect all Tulare County cities to have such a plan in the future.

Also, the city has approved the regional “blueprint” that will mean Tulare County cities over the next decade will require builders meet 25% higher residential densities in town to help slow the sprawl of the city onto farmland.

“Even if environmentalists want to stop growth in Tulare, the people are coming anyway,” says Pyle, pointing to estimates that Tulare County's population will reach over one million from about 430,000 today by 2050.

Kabot says Tulare is 3 to 1 in their battle with Manro who has represented himself in court over the past few decades, saying the one loss in appeal court was actually on a technicality. “Ironically, we told the court we would fix the problem in the new general plan” that has now been challenged by Manro.

So it appears the legal challenge will hold up the approval process on the proposed 300-acre industrial annexation, the big 700-acre annexation for the motor sports park and perhaps the development of the meat processing plant although this last project does not involve annexation but does include a new development of farm land.

“We can't yet respond to Mr. Manro because as of yet we haven't received the lawsuit,” says Kabot.


Isherwood, Vander Poel
Square-off in Supervisor Race

Tulare - The two candidates in the District 2 race for Tulare County supervisor each contend they will bring good problem-solving skills to the five-member board and both say public safety, water and growth issues are among their top priorities.
The candidates in the June 3 race are:

• Patrick Isherwood, a 33-year-old Tulare resident who is a Tulare County Probation Department administrator and serves as vice chairman of the Tulare Redevelopment Agency board. He worked many years for Albertson's grocery store.

He is a graduate of Tulare Union High School and attended College of the Sequoias, California State University, Fresno, and Chapman University, earning a bachelor's degree in history.

He also has served as incumbent District 2 Supervisor Connie Conway's alternate on the Tulare County Association of Governments and as an alternate on the Tulare County Transportation Board and the San Joaquin Regional Policy Council. He is a TCAG appointee to the California Blueprint Learning Network and serves on the Tulare Chamber of Commerce's Governmental Affairs Committee.

Isherwood stresses the experience he would bring to county government.

• Pete Vander Poel, a 23-year-old company controller for Mendes Calf Ranch, who recently was endorsed by Conway, who initially said she would stay neutral in the campaign.

Vander Poel is a product of Tulare Union High School and graduated with honors from UCLA, where he earned a Bachelor's degree in environmental studies and a minor in accounting.

After graduation he worked as a tax consultant in Los Angeles and then as a financial analyst for Wells Fargo Tulare County Commercial Banking Office.
Vander Poel said he would be “a fresh voice” and “a catalyst for change.” He says his Spanish speaking skills will serve him well in reaching out to all segments of the community.

Isherwood made a remark at last week's debate linking the Conway endorsement and a $1,000 contribution made by Vander Poel's grandfather to her 34th Assembly District campaign. The comment created the only real stir in the campaign and generated an especially angry response from Conway. (See story p. 4)

Other than that, the candidates have for the most part focused on the issues and strengths they feel they would bring to the board, although Isherwood is critical of Vander Poel's emphasis on his endorsements, which in addition to Conway's, include such people as Rep. Devin Nunes, R-Visalia; Sheriff Bill Wittman, District Attorney Phil Cline, Tulare City Council members David Macedo and Carlton Jones.

“Content versus contacts,” is how he described the difference between his campaign and Vander Poel's.

Vander Poel, who declared his intent to run about 41/2 months ahead of Isherwood, says the endorsements he's garnered came after one-on-one meetings in which he was able to demonstrate to proven leaders his ability to listen well and grasp the issues.

“There's a reason they stood up to endorse me,” he said.
Isherwood's endorsements include the Tulare Police Union, Tulare County Corrections Association, Greg Powers, treasurer of the California Organization of Police and Sheriff's, Tulare Vice Mayor Phil Vandegrift, former Mayor Bill Cooke and Phil Lozano, the Latino Police Officer of the Year.

What follows is a series of questions asked of the candidates and their responses:

Why are you running for the Board of Supervisors seat?

Isherwood: “We want the quality of life to be sustained here. I saw pressing issues of gang violence, the need for more public safety resources, a need for more fire protection resources. We have transportation issues, water issues, growth issues and healthcare issues.” He describes himself as a problem solver, who has experience in government and truly cares about people.

Vander Poel: He said he figured he would eventual run for public office and decided to do so now at the urging of Tulare City Councilman David Macedo and others. “I want to help make Tulare County a better and safer place.”

Can you give us examples of your problem solving abilities?

Isherwood: “I received a commendation from the Chief Probation Officers of California for my statistical work in organizing juvenile data. I also was part of the [Probation Department] management team that received an Assembly proclamation from Regional Valley Legislators for our successful development of a program for minors on probation. It has reduced recidivism.”

As a member of the Redevelopment Agency board, he said he has been part of efforts resulting in more than 60 new street lights in West Tulare and in downtown businessman Jim Pidgeon building a new quick-lube facility on former Union Pacific Railroad property at Cross Avenue and J Street.

Vander Poel: As Student Body President at Tulare Union High School, he said he worked with administration to “bring together a very diverse population.” As Vice President of the UCLA fraternities, he said he identified problems within the Greek system, including alcohol abuse and “helped to launch an educational program.”

How might you pay for the beefed-up public safety services you proposed?

Isherwood: Noting talk of a revenue sharing agreement between the county and the cities for new development, he said he would like to see the county's share pay for public safety improvements.

Vander Poel: “I think, in a general sense, we need to look at county programs…get in there and identify the inefficiencies, trim the fat and make ours a lean, mean machine … If people see a problem such as gangs getting worse, we need to look at ways to make public safety stronger…Maybe a Measure R [sales tax increase] will be needed down the road.”

What do you think about a policy in the county's 2030 General Plan update that would “discourage” development within a one-mile radius of a working dairy?

Isherwood: “I'm against the wording … It's not clear and it does not provide clear direction. … I believe it's an infringement on private property rights.”

Vander Poel: “I do not think that language should be included in the general plan update. … It doesn't allow the cities to grow. Tulare, Visalia and a lot of cities would be landlocked. It's not realistic.”

Do you support the 700-acre Tulare Motor Sports Complex project proposed for Tulare?

Isherwood: “I'm optimistic about the racetrack. … If the project comes to fruition, we're looking at 2,500 jobs for this area. It would be a needed economic boost for Tulare and Tulare County. This is the way we pay for health care. This is the way we pay for public safety. This is the way we pay for fire stations.”

He said he has listened to constituents' concerns and realizes there are noise, air pollution and other concerns that have to be addressed before the project can be approved.

Vander Poel: “We need to look at the EIR [Final Environmental Impact Report]…and see if the concerns can be mitigated. I've made no assumptions to date.”

“The jobs and economy are so important, but to say there is one thing that would solve all our economic woes at this time is not possible….It's important to look at the bad impacts also and factor it in to any decision we make.”


Growing Student Numbers Force
Sober Grad Party Out of Town

 

Visalia - Organizers of the 2008 Sober Graduation Party said this year's event is being held at Visalia Adventure Park for one reason only: They could not find a facility in Tulare to accommodate the nearly 1,000 graduates and their guests.

“We've had a lot of people ask us why [the event was moved],” said Jackie Brockway, who along with Vivian Vander Poel, is co-chairing this year's event.
The party has been held at what is now Whole Life Fitness for more than 30 years, but the numbers of students attending keep getting larger each year, said Tia Gallo-Pickett, another sober grad committee member.

“Kids were just packed in there,” Gallo-Pickett said, adding when organizers checked on the Heritage Center, they found wedding receptions were scheduled there on graduation weekend.

They also learned Visalia, Woodlake and Corcoran schools were having their grad parties at Adventure Park

The all-night grad party will be from for 11 p.m. to 5 a.m. on June 7-8. The committee announced last week free bus transportation from Tulare Union and Tulare Western will be provided for students who cannot or do not want to drive to Adventure Park.

Laser tag, bumper boats, fast and slow race tracks, miniature golf, in-door video games and other activities will be available for students, Gallo-Pickett said, adding the committee also has scheduled a performance by a hypnotist.

The $20 per person ticket cost for the event is expected to cover the cost of reserving Adventure Park and the committee is striving to spend the cash donations it is receiving in Tulare to buy food and prizes, Brockway said.

“We are keeping our business in Tulare,” she said, adding the exception is electronics. “We don't have a place here to purchase electronics.” Computers and printers are among the prizes awarded as incentives to keep students at the event.
Community donations have been slow for this year's party and organizers are asking businesses, clubs and individuals to consider that the event is an expensive one to put on (It cost about $20,000 in 2005, Brockway said.) and it provides a safe, alcohol- and drug-free environment for students wanting to celebrate this milestone with their friends.

“ But more importantly, it sends a strong message that parents, businesses, and concerned citizens want to reduce the number of alcohol or drug-related fatalities, which all too frequently occur within the few days following graduation ceremonies,” committee member Lynn Stafford said in a letter to the Tulare Voice.
Stafford thanked those who already have donated to the event and emphasized more money and gift items are needed.

“There is a concern that the number of donations received to this point is not nearly enough to fund this special event,” she wrote.

Donations of money, food, gift cards and other items teenagers would enjoy receiving as prizes are needed, as well as items students can use for college, organizers said.

Call Jackie Brockway at 679-6243, Lynn Stafford at 901-6237, or Vivien Vander Poel at 688-0110 for more information or to let us know how you'd like to help. You can also contact us via email at TulareSoberGrad2008@comcast.net.


Bad News Unearthed at Two Clean-up Sites

Tulare - Environmental clean-up crews have discovered buried oil drums and other items at the former Imperial Anchor Pallet Company site on South K Street and contaminated soil that reaches the water table on vacant railroad property on Inyo Avenue and J Street.

The Tulare Redevelopment Agency authorized the excavation and testing on each of the vacant properties to pave the way for eventual development.

The agency owns the pallet company land in the 4200 block of South K Street and wants to purchase the 24-acre Union Pacific site on the southwest corner of J and Inyo, where Quong Enterprises of Orange County wants to build a shopping center.
The clean-up team on K Street found three 60-gallon drums—one filled with oil-- buried in the ground. Other items found included debris from a building that was apparently demolished on the site, old car parts, batteries that have started to break down and a metal roof, redevelopment project manager Betsy McGovern said.

Whether the tanks have leaked oil into the ground or lead or other substances have contaminated the soil is not yet known, she said. Items could have been buried on the site for four decades or more, if a bottle unearthed that appears to be from the 1960s is any indication.

The Redevelopment Agency has a $200,000 Brownfield grant from the Environmental Protection Agency to clean up the site. The estimate cost was between $86,000 and $130,000.

“We're pushing up on the $130,000 now and maybe looking at more,” McGovern said.

The Redevelopment Agency bought the land for $28,000 in 2007 from the county of Tulare with the intent of first clearing the debris, which had created an eyesore visible from Highway 99, and then determining whether hazardous materials were buried at the site.

Firefighters battling a small arson fire on the property in 1985 found 55-gallon barrels, some rusted and leaking, that were labeled “hazardous.”
The county took possession of the land after the property owner defaulted on his taxes.

J and Inyo

Diesel oil was found at a depth of 100 feet on the Inyo and J Street site south of the railroad spur line and the contamination is down to the water table, McGovern said. Water samples have been taken and test results are expected by June 6.

No soil contamination was found on the northern end of the property, but workers did hit a piece of metal that is probably a pipe and will have to be removed, she said.

The agency board approved the purchase of 24 acres of Union Pacific property in October but the agreement has not been signed. The board last week decided the agency should go-ahead with the purchase, but eliminate the contaminated portion from the agreement and initiate a state process to request the parties responsible for the contamination to submit a clean-up plan.

“If they don't, we have the authority to go onto the property, clean it up and recover the costs in court,” McGovern said.

Organizers of the 2008 Sober Graduation Party report more donations are needed to cover the cost of the event. Committee members are available to pick up cash, food, gift cards, prizes etc. Call Jackie Brockway at 679-6243, Lynn Stafford at 901-6237, or Vivien Vander Poel at 688-0110 for more information or to let us know how you'd like to help. You can also contact us via email at TulareSoberGrad2008@comcast.net.


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The above stories are the property of The Valley Voice Newspaper and may not be reprinted without explicit permission in writing from the publisher. 

 

May 22, 2008


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