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Lawsuit Over San Joaquin River Suspended

Tulare County - Judge Lawrence Karlton ordered a 30-day stay of the litigation over the future of the San Joaquin River on November 30 after both parties to the suit - NRDC and Friant Water User Authority - agreed enough progress was being made in settlement talks to call the court case off, pending a January 6 status update. The suit in the 19-year-old water war that pitted fish against farmers had been scheduled to begin February 14.

Both sides have been meeting for over 10 weeks to see if a federal suggestion to agree to some core principles on water use could bear fruit. Four people in the room, including Kole Upton and Dan Dooley for Friant and Hamilton Candee and Philip Atkins-Patterson for Natural Resources Defense Council, have been negotiating at the urging of Senator Dianne Feinstein and Congressman George Radanovich.

A court filing asking for the stay stated that “these four negotiators reached an agreement on the text of a settlement document” that they shared with their representative clients. That agreement includes a plan to restore the San Joaquin River “while reducing or avoiding impacts to water deliveries to Friant Division long term contractors,” it says.

By the time of the January 6 status conference, both sides expect to be ready to formally back the settlement. The court brief says for Friant’s part “all of the member districts of Friant Water Users Authority conducted board meetings the week of November 21 and unanimously agree to the so-called “Stipulation of Settlement,” pending Federal participation.

“Now we have the federal government in the room with us,” says Friant’s Kole Upton, representing both the Department of the Interior and Department of Justice. The Department of the Interior was sued in the case by NRDC. “I’ve been pleasantly surprised how prepared the federals were to participate,” says Upton, after the first meeting with all three parties in the room took place last week. A second meeting is scheduled December 6th.

This will be “good news for everybody who lives on the eastside of the San Joaquin Valley,” says Upton, suggesting the deal will allow “us to stay in business” after fears that increasing the water flow down the San Joaquin River would mean the crops wouldn’t grow in the sprawling Friant district that runs from Fresno to Arvin and irrigates a million acres.

Farmers feared the long term cut in water availability from this local Sierra watershed could doom the south Valley’s economy.

Sources say in order for the deal to come together, Friant will have to agree to some mitigation efforts, the government will have to front expenses to improve the carrying capacity of the river and downstream interests, including the so-called exchange contractors, will have to sign on as well.

Meanwhile, a Department of Interior Upper San Joaquin River Basin storage investigation continues for the next 2 years when a draft EIS/EIR is expected to move toward a new dam and reservoir above Millerton to help both water use of farmers and cities as well as the goals of river restoration. If feasible, the project could begin in 2009.

The current talks started in September after Feinstein and Radanovich released a two page core concept list asking both sides if they could be used as a possible basis to resume settlement discussion. Both sides agreed.

Apparently what is being contemplated is certain language that would be adopted for the coming fiscal year through the Energy and Water Appropriations Act that would codify that the “Bureau of Reclamation would by October 1, 2010 release sufficient flows from Friant Dam (“the Dam”) in order to restore a viable and self-sustaining salmon fishery on the San Joaquin River.”

The concept paper suggested what many studies have found - that modifications to the channel will be needed first to allow the migration of salmon - including channel improvements at Mendota pool, Sack Dam and San Slough Diversion dam and others.

Second, a guarantee that at least 100,000 acre-feet of water, even in a critically dry year, be released for the salmon fishery, 125,000 acre-feet in a dry year, 150,000 acre-feet in a normal year, and 200,000 acre-feet in a wet year.

To augment the water supply, the draft concept paper says Reclamation will develop additional water supplies and at least 150,000 acre-feet to be used to make their water releases for the fishery and excess water above that would be divided 50-50 between more water for fish and additional water for the service contracts.

The concept paper says costs are to be allocated on the basis of “beneficiary pays.”

No New Fee?

Upton told the Voice that the concept paper put forward by the federal legislators presumes that the government would have to pay for projects outlined in the concept paper with “tacking on another fee to water users” other than the substantial amount CVP users already kick in every year. “Even NRDC has agreed to that” says Upton and now the government has to agree.

One Friant member - Tulare Irrigation District - sees the chance to make a deal now as advantageous. “Heading back to court and filing another appeal sets up long-time uncertainty,” notes TID’s general manager Paul Hendrix. Then there is the high cost of litigation that has gone on for nearly two decades. Instead, a deal that calls for some sacrifice “puts all this behind us.” There will be times when there is less water available to contractors but the deal calls for a limit that Friant Users believe they can live with.

Trucking the Fish?

TID brings in Friant surface water in wet years like last year and sinks it in the aquifer and in wet years that will continue. Hendrix says repair and restoration along the river will require more water be released from the dam and lots of work along the channel through federal funding to increase the capacity to carry that water.

Just how the negotiators are planning to meet water requirements for both fish and farmers in extremely dry years is enlightening. There is a lower threshold Friant won’t be asked to give up despite what Mother Nature brings. Sources say NRDC is studying the idea of trucking the fish up river to the spawning grounds in extremely dry conditions to keep the salmon run alive that season. Rainfall in the central valley and upper San Joaquin can vary wildly from year to year.


Developers Want to Build 600 Homes Near Springville

By Claudia Elliott

Springville - Tulare County planners will meet Dec. 8 with representatives of Sequoia Ranch Estates, the company that plans to develop a Springville area ranch.

Deborah Kruse, Assistant Director of Development Services for the countys Resource Management Agency, said the developers are choosing an unusual way to submit their development plans. Along with their initial application for review of a specific plan for development of the 1385-acre Sequoia Ranch, they will sit down with county planners and show a Powerpoint presentation.

Although the plan has not yet been made public, an engineer working with the developers told members of the Springville Public Utility District Board of Directors on Nov. 14 that the developers are planning about 600 homes for the property.

The development group, Sequoia Ranch Estates, has considered development of the property since 1992. Fresno attorney Brian Wagner is a spokesman for the owners. He could not be reached for comment prior to presstime this week, but in early 2004 he told Springville writer Peyton Ellas that any development of the property "would be sensitive to the land and take into consideration the needs of the Springville community."

He promised a "conservation-minded" development, noting that "only about 300 acres [of the 1385 acre ranch] are feasible to build on."

Sequoia Ranch Estates has been working with the strategic planning firm, Martin and Associates of Newport Beach, for a number of years. Randy Martin of that firm said Monday that the meeting with county planners this week is just the beginning of what he expects will be a "years-long" process.

"We're still years away from this ever happening," he said. "Were throwing out where were going and getting feedback from the county."

Kruse said she is pleased that the developer is coming to the county with a specific plan for the property and added that review of the development will be subject to the California Environmental Quality Act. Whether the project will require an Environmental Impact Report (EIR) has not yet been determined, she said.

"Thats one of the things well be looking at [this week]", she noted.

"Its a larger project than most of the projects here in Tulare County", Kruse said. "These are folks who, as near as I can tell, have done their homework and the easiest way to convey their understanding of what they propose to do is a Powerpoint."

The computer-generated visual presentation will accompany the written specific plan application.

"This is not unusual, theyre submitting a preliminary site plan; theyll be submitting other applications with more in-depth information but this is really the countys first look at what they propose", she said. "Well send the information they provide us out for referral and comment. "

Kruse noted that she expects the county will ask for input from its various departments, local government and school districts, the Tule River Tribal Council, and various state agencies including CalTrans and water and air quality agencies.

Following review, the project will eventually be considered by the Tulare County Planning Commission and ultimately the Tulare County Board of Supervisors. Consideration at that time, and perhaps during an EIR process, will allow for public input. Kruse concurred with Martins assessment that it will be "years" before the property is developed.


Plans For Visalia Ethanol Plant Filed

Visalia - Pacific Ethanol, headed up by former Secretary of State Bill Jones, last week filed a permit request for a 50-million-gallon ethanol plant across Highway 99 from the Visalia airport. The news comes only weeks after the Fresno-based ethanol company announced an influx of $85 million from Microsoft’s Bill Gates having invested in the company, enabling it to build 5 ethanol plants on the West Coast.

The Visalia plant would employ about 40 people working 3 shifts, 7 days a week.

“We filed our permits and we are moving forward on the site,” says Pacific Ethanol’s president, Neil Koehler.

The project is located along the Union Pacific tracks at the southwest intersection of 99 and 198 on 89 acres owned by Kent Kaulfuss - the site of a composting facility run by Kaulfuss’ Wood Industries Co.

With the filing of the special use permit for the site, consulting firm Quad Knopf is beginning the environmental impact report process, which could take 6 months to a year to complete.

The site already has special use permits that allow the use for commercial biomass fuels manufacturing as a future land use. That permit has been in place since 1994.

Kaulfuss has been working with Pacific Ethanol for several years to do what he calls “phase 2" of his vision for the site. Biofuel facilities that use ag products to make fuel are allowed in the county ag zones.

The permit lists the building and storage facilities that will be built on the site visible from Highway 99 - not unlike several other grain and milk plants along Highway 99 in Tulare County. The largest building would be a 165-ft. steel distillation, drying and evaporation tower next to a 44-ft. processing building at the site, including two 40-ft. corn silos and two 35-ft. ethanol storage tanks.

According to the permit request, the ethanol plant will be served by a new 7000- ft-in-length rail loop connected to the main line that will accept a unit train (110 cars) once every two weeks. About 20% of the corn will arrive from local farms delivered by trucks - about 40 a day. In addition trucks leaving the facility will include trucks carrying the wet distillers grain - a feed byproduct of making ethanol destined for local dairies - 75 trips a day. The plant will ship ethanol out by truck as well - 20 trips a day and CO2 - another byproduct of the process - will be shipped out at 12 trips a day. The site will be accessed from 198 west of 99 where there is a frontage road to the property.

The permit says the company plans to make about 100,000 gallons of ethanol a day hauled to blenders who will mix the renewable fuel with gasoline for motor fuel. Ethanol is blended in the state at 5.7%, but plans are underway to increase that to 10% in California. Blends at 85% ethanol are being promoted as well because ethanol produces far less greenhouse gases than gasoline.

The by-product - wet distillers grain - will help the project turn a profit providing 1500 tons daily for area dairy cows.

The facility will have its own natural gas-fired power source cogen plant to make electricity and produce steam. The co-gen will be equipped with ultra low Nox burners, notes the application. Pacific Ethanol has worked with the Valley Air Board on their air permit for the project similar to their permit in place in Madera.

Pacific Ethanol will need an approval from the Airport Land Use Commission to move forward. The site, located just outside the city limits of Visalia, will nevertheless be of some interest to the city, and Kaulfuss says preparations are being made to brief city officials about plans for the property located near the city’s waste water treatment plant.

A few years ago, an industrial task force suggested the city look at the acreage west of the airport and 99 for ag-based industries with high water requirements to be located near the city sewer treatment plant. The idea didn’t go anywhere then. But the fact that this big ag-related use and a nearly mile-and-a-half rail loop and cogen plant could make the site attractive for other ag industries could see a new look at the idea that would not require miles of new sewer laid to accommodate food processing companies.

The Visalia ethanol plant could be one of three new ethanol plants at the doorsteps of Visalia with the opening last month of the Goshen ethanol plant - the first major plant in the state - and plans are underway for a Calgren ethanol plant south on 99 near Tipton. Visalia could bolster its claim as “Biofuel Capital of California” once all the plants were running, adding it to our claim to fame based on proximity to Sequoia Park, distribution hub for the state and county seat for the nation’s number one milk producing county. California requires nearly a million gallons a year of ethanol, shipped mostly from the Midwest. Now the Visalia area plants will produce at least 115 million gallons to be used by California motorists.

The investment announced by Bill Gates a few weeks ago means that Pacific Ethanol now has the financing to build all five of their planned facilities by 2008, including Madera and Visalia, one in Washington and two elsewhere in California.

Although the plan in Visalia begins with using corn to make ethanol, the long-range plan calls for cellulose-based ethanol manufacturing making the fuel from ag waste products.

Koehler says ethanol is important in California because it extends the fuel supply that is very tight otherwise. As a renewable fuel it helps fight climate change because it is far lower than oil-based products when it comes to CO2 emissions. Recently, the California Energy Commission embraced higher use of ethanol in California fuel blends - upholding a standard of 10% ethanol being used by refiners - a blend used in other states.

Most recently, the California Energy Commission surveyed most of the state’s refineries on the use of ethanol. Since restrictions were removed on the amount of ethanol that can be blended, about one third of the refineries surveyed by the CEC said they were blending about 7.7% ethanol. The survey took up the question of banning ethanol use in California in the summer months - a proposal favored in some quarters. But refineries told the CEC that during summer the supply of gasoline would fall 10% in the state and one refinery reported they would close their refinery if that happened. On the other hand, the survey asked the benefits of increasing ethanol in gasoline and the survey showed our state’s gasoline supply could go up 4% - helping to satisfy increased demand here. If refiners did use more ethanol long term, the CEC report said many infrastructure hurdles will need to be addressed to allow for greater movement of more ethanol.


Farm Groups Say Builders Should Pay New Air Fee

San Joaquin Valley - Farms have been in the bullseye over air quality in the central valley. In the past few years ag has had to dig deep in its pocketbook, vow to carry on best practices and ban field burning to reduce emissions. So it may not come as a surprise that when home builders step up rhetoric against a new air board fee that would affect the homebuilding industry - a number of farm groups are less than sympathetic.

Already suffering from labor shortage caused in part by the boom in demand for workers in the red hot real estate market here, farmers are worried that if the builders’ heavy lobbying pays off and if there is no fee put on new development, regulators will be back looking at farms, the oil industry or household fireplaces again to meet near and long term air quality goals.

With California gaining an additional half million residents a year and many of them streaming into the central valley - its no wonder regulators are looking at new subdivisions, malls and big distribution centers to help them meet tough EPA standards.

A new Valley Air Board rule that would require home builders pay a fee on new homes to help fight air pollution will be debated at a closely watched December 15 meeting. Area building industry representatives have been carrying on a full court press to get support for the position that the proposed fee - under so-called indirect source rule - is unfair and an “economy buster.” They’ve been making the rounds of cities, counties and area chambers where they have been gaining at least some traction. “There are poorly written draft rules that need to be thrown out,” says the BIA Chief Bob Keenan.

But a growing number of area farm leaders feel that ag has “stepped up the plate” on the air emissions issue in the past few years - and now it’s the building industry’s turn “to do their fair share.” That’s what Kings County farmer Tony Oliveira, a member of the County’s Board of Supervisors, says about the issue.

Nisei Farmer’s League president Manuel Cunha is even more vocal. “This rule has to pass” in part because the state legislature has passed a law to mandate it and the district has been sued and must comply by December 30 or face a new suit.

“The enviro groups would win and the EPA would come in” with the likelihood of local control over our air pollution issues out the door, he says.

Exeter’s Citrus Mutual spokesperson Shirley Batchman says unlike ag producers that have to pay yearly fees to fight air pollution, builders are facing a modest one time fee. “When you think about it, the houses are generating air pollution not just when they build them but when they have cars parked in front and trucks bring all the goods to the stores needed to service those homes; the pollution goes on year after year.”

Tulare-Kings BIA executive officer Bob Keenan says the Air District has “no budget for how they are going to use the money” and that it makes more sense to show the needs first. In addition, he says a fair way to spread the burden of air pollution out is to put a fee on all development - existing homes for example and “not just new homes.” Furthermore, he said it doesn’t make good sense to make bad laws just because there are lawsuits hanging over their heads. “They are doing it because they were sued by Earth Justice.”

But Cunha counters that what the Air Board wants to target is the 10 tons of emissions that are being added because of “new growth” and that the building industry is the only major part of the local economy that isn’t doing something to help clean the Valley’s air.

Indirect sources are land uses that attract or generate motor vehicle trips - the main reason our valley air has not improved more than it has. The rule affects not just homes but malls, commercial projects and industrial buildings, hospitals and schools.

Cunha says charges made by builders that the fee will shut out low-income buyers out of the chance to buy a new home ring hollow considering builders’ high profit in recent years and the skyrocketing price of homes. Cunha noted that smaller subdivisions of 50 units and under are exempt, as are businesses that are already regulated by the Air District, like gas stations.

The idea of a fee on homes, malls and industrial buildings as a way to get to what the district can’t regulate - mobile sources - seems to be the heart of the issue for some. “I think the builders will be asked to contribute because the Air Board can’t touch mobile sources that are 60% of the problem,” says Tulare County Farm Bureau president Craig Knudsen. “It was unfair for the Air Board to hit ag so hard on emissions and it is unfair for them to hit the builders, too,” he figures.

Early estimates that builders would have to pay $5,000 a home have been whittled down to about $700 a home in the first year. The Air Board believes that amount won’t cause too much of a burden on the home buyer. But Keenan notes that a few dollars can knock some buyers out of the market.

Cunha seems to agree that while home builders - in principle - should “be part of the solution,” the exact fee should be negotiable. He notes home builders can pay zero fee if they agree to mitigate emissions with some smart growth in the designs, like electric outlets to charge electric cars or siting a subdivision close to the shopping center or adding walking or biking trails to the project.

Cunha says if the fee is not adopted, the clean up of our air demanded by EPA will fall on others, including farmers who have already agreed to generate lower emissions. “We’ve agreed to stop burning - you don’t think that has cost us plenty, too.”

Cunha says arguments that the Air District needed to budget first does not make sense to him. “We have a budget of $33 million at the district but it’s all spoken for in coming projects” that will help clean the air. He notes that farmers must pay fees on a regular basis. “My dehydrator pays a fee every year. Builders are being asked to pay only a one-time fee.”

Although the BIA was successful in getting support for their position from a number of groups, they failed to get the support of the Kings County Farm Bureau, the Kings Board of Supervisors or the Tulare County Board of Supervisors.

This week, the City of Visalia agreed to send a letter of concern to the Air Board regarding the economic impact of the rule on schools, hospitals and other public facilities. The city suggests exempting critical public facilities. Regarding housing, the city suggests exempting “affordable housing” projects.

Builders are coming to the December 15 meeting with their own ammunition. They say they have research that shows the Air District’s model overestimated residential project emissions by 70% because the district’s modeling is flawed.

“These proposed regulations will end up costing small and large businesses, retail, industrial and commercial developments hundreds of millions of dollars in new taxes - hurting the region’s economy,” says the BIA.

Cities are worried that the high fee for large shopping centers - important to the tax base of all valley cities - will be big enough to discourage their development. According to a “worse case estate” by the Air Board a super regional shopping center would pay a $2.7 million fee when the builders took out their permit. Likewise for big industrial plants where the valley is competing against other regions for jobs, the fee could scare some away.


Supervisors To Decide How To Spend
$4 Mil For Mental Health

Tulare County - Tulare County - like all California counties - will have a new annual revenue source in 2006 to help combat a rising tide of mental health problems among its residents. With passage last year of Prop 63 - the millionaire’s tax - Tulare County stands to receive more than $4 million to augment services here once a 3-year plan under the Mental Health Services Act (MHSA) is approved by the State.

Ironically, Tulare County voters did not vote for the proposition even though we arguably have perhaps the greatest need among counties in the state. “We have a dearth of services in Tulare County,” says Dr. Cheryl Duerksen, director of Tulare County Mental Health. On top of a lack of service seen in urban areas typically run by non-profits or universities, Tulare County has “a large underserved population,” says Duerksen.

For most of this year Tulare County has been carrying out “public outreach” to survey communities - large and small - around the county as to what the unmet needs for mental health are. Now, they say they have a plan of how to use the money and have laid it out at community forums held in the past few weeks.

The plan was put together by the county’s mental health agency and, as has been true for several years - a number of non-profit groups who already deliver health service to the low income population question how the money will be spent. Their basic argument - the county stacked the plan’s implementation committee required by MHSA with county affiliated members and froze out input from other non-profit providers. The committee has no current health care providers.

If they aren’t health experts, they are representative of the community, say supporters. “We’ve had 15 community forums this year” to reach out to the community on this, says Dr. Duerksen.

But the plan was late in coming to the county implementation committee last month and the 200 page plan was put in front of the committee one day and voted on the next business day, says critic of the county, Larry Gates - a member of the committee and one of two members that voted against the county’s plan.

Tops on the critics list is a plan to expand $1 million this coming year to outfit two large mobile vans that will bring mental health services to rural areas. “We found access and transportation were major issues in Tulare County,” says Dr. Duerksen.

At forum after forum she says residents seem to like the idea of a mobile van that would be staffed by a nurse that could bring mental health service to the smaller towns of Tulare County where need is great.

At a recent forum, Family HealthCare Network administrator Janet Paine suggested the mobile vans could “stigmatize” those who seek service when the van shows up in town.

Instead, several groups suggest the real problem in Tulare County is there are few places to refer people that seek services. Several speakers at a recent forum suggested non-profit groups that have offices in rural areas could reach out to those communities. Consultant Vickie Stasch, for one, told a forum that working with a networked providers already in place makes more sense. Dr. Duerksen says staff for this mobile service will be offered on an RFP basis.

At a recent Porterville forum on the plan, First 5 administrator Brooke Frost said while her agency had a backlog of 2100 children that need service, the non-profit has a budget to help 400 of them but didn’t expect any help from the MHSA funds. Community activist Joan Cuadra told the forum she was concerned about the lack of a drop center to provide crisis intervention.

No doubt the need is great in Tulare County. The local MHSA application suggests there are over 2100 children and youth that are underserved needing mental health services - mostly Latino kids. Transitional youth with serious emotional disturbance number over 2800 in the county the application estimates and among the adult population there are some 1533 people in the same disturbed category. Also among older adults the application suggest there are some 323 in need of service that is not being delivered today.

One thing the application does not tell you - Tulare County has one of the lowest number of mental health providers in the state per capita. According to the Petris Center Tulare County has just 4 psychiatrists for every 100,000 population compared to a state average of 14.5. As to psychologists, Tulare County’s 1 per 100,000 population compared to a state average of 33. Among marriage and family therapists the state average is near 69 compared to Tulare County that has 24.5 per 100,000. The county simply doesn’t have the trained professionals to meet an overwhelming need.

Because of that, Petris Center ranks Tulare County among the lowest in the state when ranked on need - for example, the number of people who feel blue all the time or that have low energy and high anxiety levels.

Despite this, the MHSA plan here calls for hiring no new psychiatrists or psychologists that could deliver service.

Dr. Duerksen says hiring these type of professionals “did not show up on the wish list at the forums.”

Instead, the county will focus a large portion of the budget on their “one-stop centers” where money will flow to provide service at mostly the county’s own network of health clinics as well as the mobile vans.

Part of the state mandate calls for the county to focus on a group of mentally ill individuals and “do whatever it takes” to get them back in the mainstream. The county plans say this category will address an estimated 44 people who will be served through mobile unites where the state mandates over 50% of the expense to this category. County spokesman Eric Coyne notes that mobile vans are a good way to reach the underserved population and cites the county library vans that pull into rural areas regularly. Others say mobile vans to deliver health services don’t work pointing to Kaweah Delta’s mobile van experiment for example.

Mr. Gates, who has been critical toward the county’s approach on most fronts, agrees with the transitional population effort aimed at working with homeless youth in the county through a half-way house here - Youth Vision. The needs of the homeless - particularly homeless youth - was a key factor in the state’s voter approval of Prop 63. The proposed budget calls expositive $180,000 for this in the first year and higher the next two years.

The budget says operational costs under administration will be $1.27 million in the first year but falling to $470,000 next.

Asked about the apparent hurry to get this plan in place, Duerksen notes that the legislature set the time line. “Once the supervisors approve this we will rush this plan up to Sacramento,” says Eric Coyne. Of course, he says, they will get the input from the Board of Supervisors first.

In a related matter, this week Tulare County finally came to the table with Kaweah Delta on a plan by the health care district to found a new mental health hospital here. Tulare County was near last to agree to a letter of intent to do a joint project with other counties so there would be a place to treat acute mental health problems. Dr. Duerksen said any impression that the county was not eager to participate were false. “We’ve always been supportive of the idea - we just want to make sure it’s feasible” noting that 4 other in-patient facilities in the county have opened and then closed. Duerksen says the county has now agreed to work with the hospital and other counties to put forward a final plan.

If ever there was an unmet need - in-patient beds for acute psychiatric problems is right up there and a place the mobile van reach out and refer a local patient to. MHSA money could be used to augment this new service to our residents.

In a recent letter to Dr. Duerksen, Family HealthCare Network director Janet Paine wrote: “Although we have serious concerns with the Plan it is with reticence that we submit this letter because our history with Tulare County officials has been that we are penalized for speaking out by loss of future contracts with the County.”

“In the Report on Public Input on Mental Health Services in Tulare County, prepared and submitted by Dr. Jacqueline L. Ryle, (Facilitator), priority areas were summarized under System and Services. A variety of references were made with regard to the System, including: ‘being disconnected, not accessible, needing overhaul, failed, non-responsive, inadequate and the county was encouraged to shift their focus to collaboration and partnering.’”


What's New

What's New In the most recent Visalia elections some 13,000 citizens went to the poles to vote while about 10,000 chose to vote by absentee ballot. The percentage of voters who vote from home is approaching 50% in many places compared to just 10% in 2000 and 30% in 2004. One big reason - a 2001 law that allows voters to request a permanent absentee ballot and the popularity of the choice. The news affects campaign strategy that no longer suggests last minute blitz as the way to win since absentee ballots can and are mailed weeks before a November election.

Farmersville is facing a sewer capacity crisis says city planner Karl Schoettler and the city council may opt to suspend new annexations as an option when it meets late this month. LAFCO requires a city show capacity today for approval even if the project is way off. The council will meet December 12 to look at options that may accept annexation requests without approving them.

County of Tulare is set to finalize EIRs on four new or expanding dairies in the next two months - the largest number of new dairies to be permitted in several years. Altogether the new dairies would permit some 21,000 new animal units. The dairies are southeast of Tulare, two southwest of Pixley and 7 miles north of Alpaugh. Tulare County has nearly a million cows and replacement animals today.

After months of testimony the county planning commission allowed Riverland resort to move forward on their plans on the Kings River. Complaints that the resort was violating their special use permit were rejected by the county planning commission. The issue could still be appealed to the Board of Supervisors.

Developers Ark Partners have completed the purchase of 150,000 sf - half the former Candlewick Yarn building from the City of Lemoore, says Mike Porte of Pearson Realty. The developers have the space for lease for industrial or storage uses, says Porte. Pearson is also handling the lease.

What happens to Calpine's big 1000 mw power plant proposed in the city of San Joaquin if the company goes belly up? Calpine's stock value fell this week to just 24 cents and one group watching closely is the Kings River Conservation District who are working hard to form their own public power district. The Calpine location - fully permitted by the state - would be perfect for KRCD to erect a new plant. The City of San Joaquin has signed up to be part of the new public district if the plant is located there. Some 12 cities are expected to sign on the proposal to be submitted to the PUC soon. If Calpine declares bankruptcy it could make it harder to acquire the site, says Dave Orth of KRCD.

The City of Visalia is negotiating with Viking Ready Mix over the future of their company's Downtown Visalia batch plant on School St. The plant is a back up for the company. The old plant is near the city's new transit facility and may be in line for future development.

The Visalia city council tentatively approved a plan to build 111 houses just east of the Sunset Waste receiving station on Goshen Ave. this week. Concerned about complaints over smells, the developer Del Valle Homes, says they are going to plant "aromatic trees" that will also buffer the subdivision from the recycling center. Sunset owners say they are concerned about future complaints from the new homeowners but the council provided a way to write in a "right to operate" notice in the deeds when sold to the new homeowner that puts them on notice that the recycling center was there before them.

Investors have driven up the cost of homes in the US this past year but by the third quarter of this year investors and second home purchases are on the retreat, says this week's Wall Street Journal. The paper published a list of the metropolitan areas with the highest percentage of investors and Visalia-Tulare-Porterville was number two in the nation with 21.3% behind Redding, California. The source is Loan Performance. Many of the top ten were from the valley. The article says the decline in speculative interest could put more homes than usual to be put back in the market creating a glut - a prediction that may be coming true when you look at the rising inventory of homes for sale here.


Cigna Plans To Lease 50,000 To New Company

Visalia - Cigna Health Care has had vacant 50,000 sq ft of office space at their Akers service center for well over two years. In recent months the health care company has been in talks with the County who is seeking to relocate employees in their downtown Visalia buildings. But now Cigna told the County they have "made a business decision" to lease the space to an unnamed private company who will bring in "plenty of workers" to the space in coming months, says administrator Phil Boucher. "I think they will make an announcement shortly" on their plan, says Boucher. He says the company is a compatible use who needs employees that don't compete with Cigna's workforce.

The news means the County is still looking for space for their Downtown employees who were told this past week they would not be relocating for now. The County wants to get all the employees out of the old 1930s former welfare building as soon as possible. But the County has been working on the relocation for the better part of two years. Visalia officials have been urging them to relocate to a build to suit site in Downtown.

In other Cigna news, Boucher says the company is continuing to look at a possible vendor to provide child care service to the 1000 or more Cigna employees at the Visalia service center. "It's on our wish list," says Boucher. Such a vendor could for example, set up a child care facility in the Cigna parking lot, for example, not unlike the County's complex on south Mooney. But he notes that Cigna has not made the decision to move on the idea as of yet.


Collins Sees City Hall Further East

Visalia - Visalia city council member Greg Collins speaking at a council retreat this past week suggested moving the potential location of the new Civic Center further east than the city had been recently looking at - just down the block from the Chamber of Commerce building. The site along Oak Street alignment between Burke and Tipton is part of land the city purchased from the railroad in the past year.

Instead, Collins suggested the city rethink the location to the former VanNess property - a 13 acre piece also owned by the city at Goshen and Burke - adjacent the railroad land. "I offered the idea of some kind of design contest for a design of Civic Center that has combined uses with housing and even some commercial," says Collins suggesting the city offer a sum to design companies to compete to come up with a project Visalia could buy into.

Collins said he wants to keep the Oak Street alignment as a trail and gateway to the Civic Center area by enhancing the creek and trails that would lead from Downtown to the new Civic Center. This corridor could have mixed uses along the creek trail as well. "I think there is room for a water basin" that could hold water all year to help bring water back to the creek year round and help with Visalia's groundwater recharge as well, he suggests.

The city will meet with consultant Bruce Race December 18 to look at plans for East Visalia including the Civic Center. Other council members at the retreat didn't comment on Collins ideas. City manager Steve Salomon had been working with the idea of using the former VanNess site for housing in part because the railroad has a provision in the sale to the city that no houses or overnight accommodations can locate on the former railroad land because apparently the Union Pacific fears some future lawsuit over noise, no matter that a lot of Visalia has the same railroad running through its entire length.

The city wants to begin design of a new Civic Center with room for other public users and a new police station on the nearly 50 acres it owns east of Santa Fe.


Cities/County To Back Mandatory Recycling
Of Construction Waste

Tulare County - A new ordinance mandating recycling of all construction and demolition waste in both the county and in all eight Tulare County cities promises to help each entity reach the 50% recycling threshold required by the state.

Following the lead around the state, Tulare County Board of Supervisors will hear the proposed ordinance in January that will require developers building homes with certain number of units to file a recycling plan for construction waste. A similar ordinance is being considered by the city council of all eight cities in the county as well including the City of Visalia is looking at the ordinance this week.

The county solid waste manager Jeff Manaco says he estimates that 50,000 tons of demolition debris and construction waste is shipped to county dumps currently. He says he expects the new ordinance will mean at least 20% of that tonnage will be diverted.

Manaco says the county has fallen behind the state mandate to divert at least 50% of solid waste from county landfills. "We're at about 44% right now." Recycling construction waste should put the county back on the state's good side however, enabling the jurisdiction here to reach that 50% level with the new program.

Construction waste has been a bigger problem in the past few years because of the valley's building boom, says Manaco. Typical waste products include concrete, framing materials, drywall, roofing material, cardboard and wood. Other demolition-related waste would include truck loads of old shingles with glue still attached.

Manaco says right now builders can divert construction waste at a drop off site run by Wood Industries across 99 from the airport or Tulare County Recycling on Lovers Lane. He says the county plans to offer a contract to a vendor that will take construction waste instead of the dump and sort them for a fee helping the contractor to meet the state Integrated Waste Management 50% recycling mandate.

But setting the price to encourage recycling will be the key.


College Votes To Sell Property Including 94 Acres In Tulare

Visalia - College of the Sequoias trustees are expected to approve a staff recommendation to sell property it owns including 94 acres of the Tulare COS campus property at their board meeting December 7. COS president Don Goodyear will recommend the sale of the 94 acres of the 494 acres it owns on east Bardsley. "There's just no way we are going to lose those buildings," says Goodyear, referring to the match shortfall the college has regarding the proposed new science building and new PE/Disabled Program gym, both planned for Visalia.

The college also needs local funds to build infrastructure at the new Tulare center and to make improvements at their Hanford campus. The COS District is in line for over $57 million that it will lose unless it comes up with the local match.

Goodyear says the shortfall amounts to about $13 million prompting the plan to sell the excess property to help meet the local match. Goodyear is recommending the sale of the 94 acres that could bring in $9.4 million, sale of a triangle piece of land at Wagner and Atwood on the current COS Farm site that could bring in $150,000, sell off ten acres at the current COS Farm site that could fetch $1.75 million and use of $1.7 million in direct reserves.

Local funds needed to build the new science wing that will also house the expanded nursing program is $4 million, the new gym requires $2.3 million, the Tulare campus needs $3.5 million and the Hanford vocational building is short about $1.6 million. The college has built in a $1.6 million contingency to come up with the $13 million needed.

If the district moves forward now the college would put the properties out to bid in coming months and be able to tell the state it has the local match to move forward on the Visalia building that came in over cost estimates largely because of higher construction costs in the past two years when the projects were budgeted.

In a related matter, Mr. Goodyear visited with Visalia City Council this week to lay out the prospect for a new COS bond next year offering survey results recently collected. The survey of potential voters about a bond vote that requires 55% approval would pass for an $87 million bond by 58% if it cost $16 per $100,000 assessed valuation.

The college would prefer not to split up the district and offer community-specific bond requests. The problem has been support for Visalia in past elections. The survey found strong support for the local bonds - an issue the COS trustees will wrestle with later. COS got strong support from the city council in looking at a new bond this coming year. The bond would include funds to build a 4-year college center in Visalia - a top priority of the city council.


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December 7, 2005

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