Agri-Center
Refuses to
Extend Racetrack Escrow
Move
'Not a Deal Killer'
Tulare - The developer has not come up with a requested $240,000, so the International Agri-Center board of directors has refused to extend an escrow agreement to sell 331 acres of land to the Tulare Motor Sports Complex (TMSC) limited partnership.
The decision is “not a deal killer” and the board is still interested in this or any other project that would give the Agri-Center the hotels, parking and other amenities it needs to secure the future of World Ag Expo, said Jerry Sinift, Agri-Center general manager.
The escrow agreement expired on Dec. 31 and Bud Long, general partner in the TMSC limited partnership, had asked property owners to extend the escrow because the entitlements were not in place.
The five owners of the remaining 380 acres have agreed to the extension, said Lynn Dredge, president of the Tulare Industrial Site Development Foundation (TISDF), which is handling the land deal for all property owners.
The Agri-Center notified the TISDF it would not extend its agreement after Long refused to pay the $240,000 — 1 percent of the purchase price — the board had wanted in exchange for the extension.
Sinift stressed the board's action “does not mean we're not for this project or don't think it's vitally important for this community.”
City Councilman Richard Ortega said he thinks “chances are very good” that if Long comes up with $240,000, the Agri-Center would extend the agreement.
Owes City
Long owes money to the city for the approximately $1 million it has paid Michael Brandman and Associates of Fresno for preparing an environmental impact report on the project, which includes two race tracks, a recreational vehicle park, multiple hotels, retail commercial and office space.
The city has paid the bills as they were received with the expectation developers would put an amount equal to the charges into a bank account as a guarantee of reimbursement.
The majority of the City Council that was in place when the agreement was struck did not understand the bank account would function as a guarantee and thought the city would be drawing from it to make the payments.
When this and the fact Long was behind in funding the account came to light at a Jan. 6 City Council meeting, the council withheld approval of a developmental agreement needed before the project can go forward.
At the same meeting, attorney Michael Houston of Costa Mesa gave the council copies of a lawsuit that a Fresno bank had filed against the TMSC partnership, alleging it had defaulted on more than $1.59 million in loans.
Houston, who represents Nunes Brothers Dairy, which opposes the project, also told the council Long's company has a $1.1 million tax lien against it.
The development agreement was not
on the council's June 20 agenda and City Manager Darrel Pyle has said
it won't return for council approval until a check covering the approximately
$1 million cost of the EIR is in the city's general fund.
In the meantime Long, who had promised on Jan. 6 to pay the $83,000 he
owed the guarantee account within five or six days, has not done so. Since
then, the city has received and paid the final bill for the EIR, bringing
the amount owed the account to about $130,000.
Neither the city nor the TMSC can access the money in the account unless both parties agree in writing to the release. Long has said he will agree to a release when he gets a bridge loan for the project.
City Manager Darrel Pyle reports the developers' financial representatives are working with two banks, including Wells Fargo, to put together a loan package.
Harsh Criticism
The way the city has handled payment
for the EIR has come under harsh criticism.
Visalia attorney Michael Lampe, who has clients opposed to the project,
said officials have put $1 million of the public's money at risk and operated
in a “conspiracy of silence” regarding the escrow account.
“Weren't we all being told that Long was 'doing everything he said he would do?'” Lampe said, reporting documents he has received as the result of a Public Records Act request indicate Long was behind on his payments to the EIR guarantee account on two other occasions.
A May 8 e-mail from Finance Director Darlene Thompson to Pyle and other city officials, which Lampe provided to the Tulare Voice, indicated Long had not responded to a March 20 bill the city had sent and was about $175,000 behind in his payments.
A July 17 e-mail from Thompson to Pyle and others indicated he was again behind, this time by about $189,741. (Prior to bills she sent on June 5 and June 19, it appears the account was overfunded by $1,752.)
Mayor Craig Vejvoda, Vice Mayor Phil Vandegrift and Councilman Richard Ortega said Monday they were not aware Long had ever been behind prior to the present time and would have liked to have known.
“I thought he was always current until this last go-around,” Vejvoda said. “That was part of the arrangement. If at any point he was behind, we tell Brandman [the EIR consultant] not to go any further.”
In his response to Thompson's first e-mail, Pyle told her: “We will not proceed one more step until the account is paid current.”
Contacted Monday, Pyle said he recalls contacting Brandman once during the process to stop work on the EIR and doesn't recall needing to do that a second time.
“I think we were very consistent
all the way through the process,” he said.
“Nobody was trying to be secret” about the matter, Pyle said,
adding he did not view the relationship with the developers as problematic.
He added he “had a lot more grief” dealing with the parties
involved on another city project.
Paying for EIRs
The city has been criticized for not
having the developer pay for the EIR directly, with some critics suggesting
Long and his group were given preferential treatment.
City officials argue that is not the case.
“We've done this all different
ways,” Planning Director Mark Kielty said.
He cited the South I Street Specific Plan, which if adopted paves the
way for a new industrial park, as an example.
“The city was very pro-active and we up-fronted the money on that EIR,” Kielty said, estimating the final cost at “a shade over $200,000. “We will get reimbursed when the properties develop.”
The recent meat packing plant project, which required a $575,000 EIR, was paid for with a federal job creation grant, Kielty and Economic Development Director Bob Nance said.
In the case of the Cartmill Crossing project, he said the developers have hired their own consultant. “We haven't had to fool around with any billings or managing the process.”
As for the race track project, Kielty said Long wanted to make sure the EIR was viewed as an independent, non-biased study, so he had the city take charge of the process.
Houston, the Cosa Mesa attorney, said in representing government agencies and private clients such as the Nuneses, he has found cities handle the EIR process in a variety of ways.
In one somewhat typical approach, he said, the developer gives a list of four or five consultants to the city, which then solicits a proposal with cost estimates and selects one to prepare the EIR.
The developer then deposits money into a city account, from which the city pays the consultant, Houston said.
“What's so bizarre [in Tulare's
case] is the city has fronted all the money out of its account,”
he said. He also maintained it is “highly unusual” to give
the developer the power to block the city from withdrawing the money once
it has incurred charges.
City Attorney Steve Kabot has explained that the account was established
in this manner because the original plan was to create a community facilities
district in which the developer/property owners could sell bonds and use
the proceeds to pay for a portion of the EIR as allowed by law.
The fear was if the developers paid up front, they would be ineligible for reimbursement, Kabot said, adding the city has since learned the council need only adopt a resolution of reimbursement to allow them to recoup funds.
PAW
to Take Animal
Control to New Level
Tulare - The scope of animal control services in Tulare is continuing to grow beyond capturing dogs and hauling them off to the pound as evidenced, for example, by a new program the city plans to introduce into the Tulare City School District next school year.
The Pet Awareness Workshop (PAW) program will teach elementary school children how to humanely treat and care for dogs, the importance of licensing, spaying and neutering them and how to prevent dog bites.
“What makes this program unique is we're using a good will ambassador in the form of a dog,” said Frank Furtaw, who heads the Code Enforcement/Animal Control Division of the Tulare Fire Department.
The division is asking the community for help in raising the $5,000 needed to purchase a Golden Retriever who will be trained in more than 90 commands and who is “extremely tolerant and submissive,” Furtaw said.
“The animal will be a member of the division and assigned to Russell Lasswell, a code enforcement/animal control officer. “This dog will actually go home with him and be with him every day when he's at work,” Furtaw said.
The dog is expected to help capture the attention of the students when Lasswell takes his message into the classrooms.
“I can be the best public speaker in the world and still bore the kids, but you put a dog in front of them and you've captivated them,” Furtaw said. “They will go home and this will be the one thing they will talk about.”
In introducing POW, the city officials — including the City Council which has given its support to the program — hope to reduce the large population of unlicensed dogs and those not neutered or spayed.
They also want to reduce the calls for service relating to animals and the number of dog bites.
“Almost 60 percent of dog bites
affect juveniles,” Furtaw said. “The staff responds to school
sites for animal problems over 100 time out of the 180-day school year.”
In a letter of support sent to the city, officials in the Tulare City
School District called the program “an important outreach”
and said that skills required for caring for animals are not always taught
in the home and “often transfer into other relationships at school
and at home.”
According to Furtaw, individuals who abuse animals are:
· Five times more likely to commit violent crimes.
· Four times more likely to commit property crimes.
· Three times more likely to have drug or disorderly conduct offenses.
Dog Whisperer
PAW is only one example of how animal control in Tulare has changed in recent years.
Prior to the mid 1990s, the city had only one animal control officer for the whole city. By August 2005, when the task came under Furtaw's jurisdiction, the city had 1 ½ officers. Today, the city has five people who are bi-trained as both code and animal control officers.
The officers also are receiving training previously unavailable to them.
Shawnda Gibson, for example, attended
a Dog Whisperer training based on the techniques used by Cesar Milan,
host of National Geographic Channel show.
Gibson said she learned a lot about body language — both her's and
the animal's — that has proven valuable.
“Our body language tells them a lot,” she said. “And their's can tell you if they're going to rip your leg off.”
Had she had the training earlier,
she said, she might have avoided the “battle wound” she suffered
as she tried to take in an older chow dog. “I would have dominated
it.”
In September, Furtaw brought to Tulare the first Dog CPR and Emergency
First Aid Training offered by the Tulare and Kings County Chapter of the
American Red Cross.
His officers — and a few from neighboring communities — underwent the training, which also included training for handling choking dogs and other emergency situations.
“We're not trying to be vets out there, but at least we can recognize or render some kind of medical aid until we get the animal to the vet,” he said.
Tulare officers also receive on-going
training in how to use bite sticks and the department's tranquilizer rifle,
which can be used on animals as large as a bull or as small as a fox,
Furtaw said.
Vern
Barlogio Hanging
Up Mustang Spurs
Tulare - Tulare Western High School's sixth principal saw the school on the city's west side come of age during his 12-year tenure.
“I think we made great strides as a school. I think we kept our eye on the target,” said Vern Barlogio, who will retire June 30 as principal of Tulare's largest high school. “I tried to be resilient and look forward at all times.”
When he became principal, Tulare Western
was not the school of choice in Tulare.
“He's been able to lead that school into new territory and academic
success,” said Fernie Marroquin, who served as a vice principal under
Barlogio and now works for Visalia Unified School District.
“I feel he's been the best principal Tulare High School District has ever had,” Marroquin said.
Barlogio said having the school's graduation at Bob Mathias Stadium was a big step forward. After outgrowing its Greek Theater, the graduation ceremony was held at the International Agri-Center before moving to the stadium.
“I knew we came of age when our graduation was moved to Bob Mathias Stadium,” Barlogio said, adding that occurred about two years into his tenure.
38-year Career
After growing up in King City, Barlogio earned his bachelor's degree and teaching credential from Cal Poly, San Luis Obispo, at the age of 22. He noted the mascot for his high school, college and Tulare Western is the mustang. “I guess it was meant to be,” he said of his final destination.
His first teaching assignment was at Sequoia Continuation High School in Visalia, teaching social studies and English. He was the head counselor when he left there nine years later to become dean at Golden West High School for eight years.
He was an assistant principal and activities director at Redwood High School when Tulare Western Principal Rod Hollingsworth hired him as assistant principal – a position he held three years before succeeding Hollingsworth.
Western had an enrollment of 1,400 students then and it would later climb to more than 2,600, before dropping to 2,100 with the opening of the district's third high school last fall.
Years Flew By
Barlogio said the past 12 years have gone by quickly and “I couldn't have asked for a better place to lead as far as [a school] fitting my personality.”
One thing that stood out about his former mentor is how he interacted with students, Marroquin said. “He was always out there with the kids. They kids knew who their principal was through interaction with him.”
Barlogio praised the staff he has worked with over the years. “The staff and students have responded fantastically – not all because of me.”
He said the boundary adjustments made by former Superintendents Ned Kehrli and Gerald Benton also greatly benefitted the school, which some had considered academically inferior. He believes today that stigma is gone. Those boundary adjustments created more equality among socio-economic groups on the campus and blended students from the city's east side with those on the west.
Kids Will Be Kids
Kids are not that much different than when he began in education, but society as a whole has definitely changed and that has changed the kids, Barlogio said.
“I call it the McDonald's generation,” he said, explaining students today expect immediate gratification. “Life is a lot harder than that. There is a lot more to that hamburger – where's the work before that?”
He said many students today are “not
willing to put forth the effort. They feel stuff is going to fall from the
sky and there's no effort, no commitment” needed.
One of the biggest challenges has been gangs, he said. “You have to
be able to confront those kids in a way you can get through to them.”
Gangs change with the times and he said it has been important for the staff to recognize those changes and be proactive. He does not see the gang problem going away soon.
Good Memories
Barlogio will take many good memories with him. One of those is the parents. “I can't say enough positive things about parents I've been association with over the years, he said.
He also spoke of the students who had a rough start to their high school years but matured and graduated.
“They were always in trouble – in the office – and then you kind of forget about then and they make it,” he said. “That is gratifying.”
Another accomplishment he is very proud of is getting the school over the 700 mark in state testing.
“We had a great celebration,” he said. (It appears his hair still hasn't fully grown back from having his head shaved as part of that celebration.)
What's Next?
Barlogio does not have specific retirement plans, but said he would like to work with student teachers.
Asked why he is stepping down now, he said: “I just think it's time for some fresh eyes and fresh perspective.”
Retiring won't be easy, he said. “It will be bittersweet leaving the staff and kids. The staff and kids have really put forth the effort we've been trying to get out of them.”
Nothing,
Not Even Pain,
Could Spoil Inauguration
By Rick Elkins
Editor's note: Terence Woody is a 2007 graduate of Tulare Union High School and a sophomore at the University of California, Davis, where he is studying political science. He had previous worked as an intern in the Visalia office of Rep. Devin Nunes-R-Tulare, who provided tickets for him and his grandmother, Norma Burns of Tulare, to attend the inauguration of President Barack Obama. He shares his experience with our readers.
By Terence Woody
That Tuesday morning was a cold one and the travel on the Metro was hectic and packed. The walk to our assigned section was a challenge and my grandmother, with her problem knee, had much difficulty with the long lines and hills.
But she never really complained; she just said “never in my life time did I expect to see this day” and that “a little pain is not going to discourage me from seeing my man Obama.”
Her words echoed the feelings of many older men and woman who turned out in droves that cold Tuesday morning for the inauguration. For them who had traveled from Mississippi and Kentucky, South Dakota and Texas, for them who had not only witnessed but experienced the racism and bigotry of the 1950s and 1960s, the election of Barack Obama was a extraordinary occasion and being there to witness his inauguration was an event that warranted the tolerance of much discomfort and pain on their part.
For me, who in high school often joked of being America's first black president, that Tuesday morning was truly special. Although I was raised in Tulare and thus spared the social marginalization known by so many, my grandmother's stories about my Great Aunt Ida Willis, who marched with Dr. Martin Luther King Jr., and books and films had given me a glimmer of the importance and significance of President Obama's inauguration.
After blocks of walking and going through check-points of security, we finally were seated. We rested and took pictures of the passing celebrities: Oprah, Usher, Denzel, and Forrest Whittaker just to name a few. Finally the ceremony began and Barack Obama was inaugurated the 44th president of the United States.
With a few dozen words, the hopes and dreams of so many people not only from the black community but from all those who labored, sweat and bled for Rev. King's dream of a day when every man was judged not by the hue of his skin but by the contents of his heart had been brought a little bit closer to fulfillment.
I was proud and excited. My Grandmother Norma said she was “inspired to see that Dr. Martin Luther King's vision of the Promised Land was one momentous step closer to realization.”
President Obama's inaugural address was, like most of his speeches, quite stirring. When he said “the time has come to set aside childish things” and “reaffirm…the God-given promise that all are equal, all are free, and all deserve a chance to pursue their full measure of happiness,” I was particularly elated.
When he said that on his inauguration day we the people have “come to proclaim an end to the petty grievances and false promises, the recriminations and worn-out dogmas, that for far too long have strangled our politics,” I was likewise enthused. Although I do not agree with all of President Obama's views, his stance on abortion for just one example, I do believe in his message of unity over that of fear-mongering and division.
My grandmother said that when President Obama spoke of “those values upon which our success depends — honesty and hard work, courage and fair play, tolerance and curiosity, loyalty and patriotism” and referenced his father who “less than 60 years ago might not have been served at a local restaurant” was a moment very touching for her because she had never before dreamed she would live to see the day when America's first African-American president would have been elected and cheered on by people of every race, religion, and ethnicity; not on the basis of his race but because of his merit.
The crowd that day was very excited. The few obnoxious members did nothing to spoil the mood. Even after the ceremony closed and the time had come to leave, those in attendance by and large had high spirits despite the long Metro lines and cold weather.
I wish our new President all the best and hopefully by God's grace the coming challenges to our nation's freedom and prosperity will be met by the hands of driven citizens under the guidance of a new and competent leader.
Council
Could Direct Board to
Impose Water Rate Increase
Tulare - Concerned the city could miss an opportunity to buy surplus water to recharge the underground supply, the City Council will consider directing the Public Utilities Board to move up the date for imposing a water rate hike.
The utilities board approved a 7 percent rate increase last week, but did not set a firm start date. Yielding to complaints from the public that the time is not right for such an increase because of the economy, commissioners decided to wait until September — and possibly longer — before setting a date.
“Do we need to take a stronger stand…to help the Board of Public Utilities to move forward…?” Vice Mayor Phil Vandegrift asked at the City Council's goal-setting session, which was held the day after the board acted.
The council, which could not take official action Friday, asked that the item be placed on its Feb. 17 agenda.
The water rate increase, which was proposed initially to go into effect March 1, would add 40 cents to the base rate, which includes 10,000 gallons of water, bringing it to $10.07 cents. The cost of each addition 1,000 gallons used would increase from 54 cents to 58 cents.
The purpose of the 7 percent increase
is to raise money for the city's groundwater recharge program, which began
in March 2006 when the city borrowed $250,000 from the Water Fixed Asset
Replacement Fund and authorized the Tulare Irrigation District to purchase
surface water available because of two consecutive wet winters.
As a result, about 10,000 acre feet of excess water was placed in existing
ponds to percolate. (The city pumps about 15,000 acre feet a year.) Officials
said later the TID could have purchased even more water if the city had
more money and land.
In July 2007, the utilities board adopted development impact fees earmarked
solely to purchase land and construct sinking basins for groundwater recharge.
Later that year the city and TID agreed to purchase a 154-acre site northeast
of town for a ponding basin.
The city will use proceeds from the water rate increase approved last week to purchase surface water when it is available.
Proposition 218 required the city to notify property owners of the rate increase. If 50 percent plus one of them protested the fee in writing, then the board could not adopt the rate.
Public Works Director Lew Nelson said the city had received 1,173 protests, which fell short of the 7,750 that would be needed to derail the hike.
Several speakers urged commissioners to vote down the increase.
“You're seeing a lot of businesses closing down and a lot of homes going into foreclosure,” Tulare resident Katherine Magness said. “You're seeing a community just beginning to shut down.”
Commissioner Ron Quinn agreed the time was not right.
“People are hurting,” he said, adding the dairy industry has been hit particularly hard. “It's a very, very serious situation.”
Like Magness, he also said he was concerned
about the impact on senior citizens.
“Could we get a senior rate,” Commissioner Dick Johnson asked.
Nelson said that unlike the senior rate for sewer service, which is tied
to the level of service, he could not think of a basis upon which to recommend
a discount rate.
In the case of water, usage already is the key to how much a customer pays,
he said.
After consulting with City Attorney Steve Kabot, commissioners decided to approve the rate without an effective date, agreeing only to discuss that matter again in September.
By adopting the rates, the board avoided the expense of having to re-notice the public and conducting a new hearing, Kabot said.
Quinn originally wanted to delay imposing the rates until 2011, but Kabot said that was too far into the future.
While questioning the timing of the rate increase, Quinn was clear that the need for water is great.
“If we have no water, we won't have a city; we won't have industry; we won't have farming,” he said.
He was worried the groundwater recharge approach won't solve the problem. “You can't have enough ponding basins, if growth continues,” Quinn said.
The last water rate increase was five years ago.
Senior Sewer Break
In other action, the utilities board approved:
· A 13.6 percent increase in the sewer rate, instead of a previously approved 8 percent increase in the 2009-10 fiscal year, which begins July 1;
· An 11. 8 percent increase in the 2010-11 fiscal year, instead of a previously approved 8 percent; and
· A 10.5 percent increase in the 2011-12 year.
The increases mean the current $29.93 average monthly sewer bill will rise to $34 on July 1 and to $42 in 2011.
The board also approved Nelson's recommendation to increase the discount for senior citizens to 50 percent of the regular rate. This means seniors who are now paying $14.80 a month will pay $17 per month in 2009.
The hikes are related to the cost of
expanding and improving the wastewater treatment plant. The city is under
a state cease and desist order to comply with state standards by November
or pay a $10,000 for every day it is out of compliance.
Tulare residents also will face 10 percent garbage rate increases for each
of the next three fiscal years, but only if necessary. The city lost $667,000
last year in its garbage collection division.
Nelson presented the board will a consultant's comparison of Tulare's existing utility rates with eight other Valley communities.
The comparison shows Tulare's $59.26 combined rate is the third lowest among the cities, which includes: Corcoran ($98.73); Lindsay ($85.76); Selma ($80.78); Kingsburg ($71.43); Fresno ($66.52); Porterville ($61.47) Visalia ($56.84) and Hanford ($54.79).
The above stories are the property of The Valley Voice Newspaper and may not be reprinted without explicit permission in writing from the publisher.
January 29, 2009
