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Agreement Could Lead to Second Tule River Dam

By Claudia Elliott

Springville - Years of effort on the part of Tule River South Fork water rights holders has culminated in an agreement that may lead to construction of a dam and reservoir high up on the Tule River Reservation.

A prepared statement released by the negotiating parties indicates that nine years of effort has resulted in “a settlement agreement which, upon Congressional approval, will finally establish the federally reserved water rights of the Tule River Tribe of the Tule River Reservation.”

Alec Garfield, a longtime leader of the tribe and former tribal council chairman, chaired the tribe's water rights negotiating team, working with the Native American Rights Fund (NARF) of Boulder, Co.

Water rights holders involved in the settlement agreement include the Tule River Tribe, the South Tule Independent Ditch Company (STIDC) and the Tule River Association (TRA).

The TRA, formed in 1965, includes most water rights holders of the Tule River at and below Success Dam. TRA includes the Pioneer Water Company, Vandalia Irrigation District, Porterville Irrigation District and the Lower Tule River Irrigation District.

The STIDC is a mutual water company which supplies water from the South Fork Tule River to its stockholders located downstream of the Tule River Reservation, largely in the Success Valley located east of Porterville and south of the Success Dam.

The current Tule River Reservation was established in 1873, having previously been located in what is now East Porterville. By the time of the presidential order establishing the reservation, settlers in the area had already established claims to water in the South Fork.

According to Phil Larson, president of the STIDC, the ditch company serves citrus, olive and other stone fruit farmers, in addition to non-commercial customers, and has multiple water rights that pre-date creation of the reservation.

“We have multiple rights that date from 1854 to 1872,” Larson said. “This put us in a unique situation because the reservation was not formed or set aside by the president until 1873.”

Additionally, he noted, ditch company stockholders have relied upon a 1922 agreement that was believed to have settled South Fork Tule River water rights for all time.

Although the 1922 water agreement was sanctioned by the Department of the Interior, Garfield said the tribe “wasn't at the table” and had no say in the agreement. When he discovered this while reviewing old documents in 1971, Garfield began a decades-long effort to ensure the tribe's water rights.

The South Fork Tule River flows to the reservoir behind Success Dam, but by late summer each year there is actually very little flow. Some water is impounded in a reservoir and ponds below the reservation and delivered to ditch company stockholders. But the tribe has had very little ability to hold water, water wells are inadequate and in dry years some households have been left without water.

There was no domestic water distribution system on the reservation until a spring was tapped and piped to some homes in the mid-sixties, Garfield said. He recalls that when he was a child, his family used two buckets to haul water from the river to his home. Since that time, some wells have been drilled and the distribution and treatment system improved, but the uncertainty of the tribe's water rights to the river has remained.

Steven Moore, an attorney with NARF, said his organization is handling a number of tribal water rights disputes and that the South Fork Tule River dispute is the first to reach a settlement agreement, although final resolution of the tribe's dispute will depend upon action by Congress and the federal administration.

Garfield said he is pleased that the settlement has been reached without litigation and is hopeful that Congress and the administration will do their part to bring the matter to a close.

“From the beginning, the tribal council wanted to see if we could work this out with our neighbors without litigation,” he said. “We've done that.”

And Larson notes that the South Fork water community has “become one in spirit” during the past nine years of negotiation.

“Coming together as a community and working together has been invaluable,” he said.

Everyone involved concedes that the issue at hand—water—is important.

“Water is a limited and valuable resource and becoming more valuable with increased population and potential reduction of rainfall,” Larson said.

“When you get used to having running water in your house, you don't want to give that up,” Garfield said. He said water is important to the tribe not only for daily use but also for fire protection.

According to the prepared statement, the settling parties have been able to reach an agreement-in-principle on all major issues “including the magnitude of the tribe's reserved water rights, the tribe's rights to use water both on and off the reservation, and the operation rules of on-reservation storage reservoirs including the near-term Phase I Reservoir primarily intended to serve municipal and domestic needs.”

Paul Hamai, an engineer with Natural Resources Consulting Engineers, Inc. in Oakland, has been working with the tribe throughout the negotiations and said that construction of a reservoir that would hold water above the populated area of the reservation for delivery as needed is an integral part of the settlement agreement.

“Without the reservoir, none of this will work,” he said.

The reservoir would allow the tribe to hold water on the reservation in a manner similar to the way Success Dam, when operated as intended, has held water during the winter and spring run-off periods for delivery to downstream users during the summer and fall.

Both the Porterville City Council and the Tulare County Board of Supervisors have indicated support for a feasibility study for creation of such a dam on the reservation and the parties to the settlement agreement testified in a Congressional subcommittee hearing in October in support of HR 2535, introduced last spring by Reps. Devin Nunes and Jim Costa.

Entitled the Tule River Tribe Water Development Act, HR 2535 would “direct the Secretary of the Interior to conduct a study on the feasibility and suitability of constructing a storage reservoir, outlet works and a delivery system for the Tule River Indian Tribe of California to provide a water supply for domestic, municipal, industrial and agricultural purposes and for other purposes.”

According to the prepared statement, the remaining issue to be resolved prior to submitting the agreement to Congress will be to secure agreement of the Interior Department and the federal administration to assume responsibility to fund the construction, operation and maintenance of facilities anticipated by the settlement agreement and to compensate the tribe for releasing water-related claims against the United States.

R.L. Schafer, watermaster for the TRA, confirmed his association's participation in the negotiations and settlement agreement.

“The TRA, recognizing the federal reserve right as established by the Supreme Court in 1908 (known as the Winters Decision), expended nine years in negotiation with the tribe,” Schafer said. “It's been a very well-attended, well-structured process and it has indeed developed a trust, understanding and appreciation between the Tule River Tribe, STRID and the TRA,” he added.

Regarding the future, Schafer said he does not know how the settlement will fare in Congress.

“The tribe will have to depend on Nunes and Costa to process the legislation,” he said. “The Congress needs, of course, to validate the agreement and direct the Department of Interior to participate in the settlement, but I have no idea what the process might be in terms of time and reaction of the Congressional members.”

Other than eliminating conflicts over the rights, he said the TRA does not “identify any specific benefit” to its members in the proposed reservoir.

Actual construction of a dam and reservoir in the upper reaches of the South Fork Tule River would not take place without a planning effort that would include following an environmental process consistent with the National Environmental Protection Act, Hamai said, noting that initial environmental studies in the area being considered for a dam have not indicated the presence of any threatened or endangered species.

Elements of the settlement agreement released indicate that the total federally reserved water right for the tribe is 5,828 acre-feet of water per year and that the tribe may use its reserved water right for any purpose on the original 1873 reservation and may use up to 2,000 acre-feet of its reserved water rights for any purpose on tribally owned lands located off the original 1873 reservation.

The agreement also states that the intent of the 1922 Water Allocation Agreement between the STIDC and the federal government as the tribe's trustee, “is honored through required minimum releases from the anticipated on-reservation Phase I reservoir and through limitations on tribal diversions from surface and ground water.”

The settlement also sets out a schedule for reservoir filling structured to minimize impact on TRA members.

In other words, Moore of NARF said the agreement does not take away the water rights of the non-tribal parties.

According to the parties, the estimated average annual flow of the South Fork Tule River at the western boundary of the reservation is 38,500 acre-feet per year with a probability of 24,600 acre-feet over 50 percent of the time and 11,800 acre-feet available over 80 percent of the time.


Storm Brings Snow, Cheer to Sierra for Holidays

Central California - Last week's storm brought some cheer all around as a cold, slow moving front brought precipitation all over the West Coast and snow to our back door in the Sierra. Kids flocking to the mountains with their families this past weekend had a chance to build their first snowman of the holiday season.

Over the several days before the storm moved east, Visalia picked up about one-quarter inch with similar amounts noted in Lemoore. Ash Mountain, above Three Rivers, got a better dose, recording 2.76 inches. Citrus farmers reported better than half an inch along the foothills allowing them to turn off their pumps for awhile.

There was enough snow to allow most of the West Coast ski areas to open for business or announce they would open soon. Some Tahoe area resorts reported 3 feet of snow, altering conditions for visitors who reported they went hiking one day and snowboarding the next.

Sierra Summit (559-233-3330) opened this past Saturday with 12 inches of new snow on the top in the popular resort that had seen only man-made snow before this event. The resort will now be open daily from 9 a.m. to 4 p.m. Yosemite's Badger Pass (209-372-1114) says it will open December 14 at what is the West Coast's oldest ski run dating from 1935. Also, this storm has closed Tioga Pass for the winter.

For cross-country skiers and snow players, the mountains of Tulare County may or may not have enough snow to accommodate you so you might want to check first. Check the NPS (559-565-3341) for Wolverton to go inner tubing and snow play. For cross-country try Wuksachi Lodge (866-875-8456) or Grant Grove (559-335-5500). You can rent skis or snowshoes on site. Also, you can ski or snowshoe at Montecito Sequoia Lodge (559-565-3388) on the Generals Highway not far from Big Stump entrance. Call to hear about conditions of their trail systems. They also rent equipment there.

On any trip to the Sierra, be sure to carry chains.

For those who watch the Kaweah River's future storage Farwell Gap had about 20 inches of snow on the ground as of Sunday, December 9 and Quaking Aspen, on the upper Tule, had 13 inches. The Western Divide Highway closed December 7 after the storm, but you can go up Highway 190 to Ponderosa Lodge.

Those snow depths are a long way from an adequate snowpack, but it's finally a start on what had been a bone-dry winter to date except for a brief event in October.

“As of now, this doesn't look like it will open the door to a series of storms,” suggests Porterville weathercaster John Hibler, although others say we could get another round before Christmas. No extreme cold weather is on the horizon, good news for citrus farmers who watch the skies this time of year. Last January was the big freeze that walloped ag producers particularly orange growers who lost more than a quarter of their crop. Workers were out of luck for months and the entire economy of Tulare County shuttered.


Turf Battles Adding to Gang Problem

By Rick Elkins

Tulare County - Officials at the Tulare County Gang Summit painted a very disturbing picture of the gang problem in Tulare County, a problem only made worse by battles between northern and southern gangs.

Visalia Police Lt. Jason Salazar said that Kern County used to be the dividing line between the rival north (nortenos) and the south (surenos) gangs, but that over the past 20 years the southern gangs have slowly moved into the north.

“Our gang battles mostly occur between northern and southern groups,” said Salazar.

He said there are 120 different gangs in Tulare County and law enforcement has validated 4,893 gang members. “But, we feel it is actually three times that number,” when you include family members and those we have not validated, he said. A validated gang member is a legal term and can double sentencing should that person commit a crime as a gang member.

In Visalia, Salazar said they have identified 930 gang members. More alarming, said Visalia Police Chief Bob Carden, is the homicide trend. He said that in the last three years, 56 percent of all homicides in Visalia were gang-related. He said that in the last year, the average age of a person committing a homicide was 16-and-a-half years and the average age of the victim was just 19.

“This is not about tagging, rowdy teenagers. This is about guns and bullets,” said Tulare County District Attorney Phil Cline.

“The southern gangs are definitely growing in size, as well as in their activity,” said Salazar. He said part of the growth in southern gangs is from people moving into the area for other reasons - more affordable housing, jobs. “The other thing,” he said, “is gangs and drugs go hand and hand. Southern gangs are finding a large market for drugs in the Central Valley.”

The drug of choice is methamphetamine, a highly addictive drug that is easy to manufacture and distribute.

Salazar said until the past 15 or 20 years, this was solely northern gang turf. He said because they were basically unchallenged, the northern gangs became disorganized. “The southern gangs have to be more organized in order to stake their turf,” he said, and as a result more violent in claiming turf. “A lot of the violence we saw this summer was a north-south battle,” he said.

Sheriff's office Lt. Mike Boudreaux said the county now has second and third generations of gang members. “The parents are raising their children from infancy to become gang members,” he said, adding the average age for kids to join gangs is 14 to 21, but they have seen children as young as 8 who have joined a gang. He said the problem is countywide.

TCSO Sgt. Kevin Cotton said the migration north of southern gang members began in the 1980s. He said the first time they saw southern gang members in Tulare County was in the early 1980s after a large company moved its operations from Southern California to Tulare County. Today, that migration is as far north as the Bay Area.

Intervention

The theme of the summit was intervention.

“A child in kindergarten to sixth grade, you still have a chance [to keep them out of gangs],” said Cotton. “By the time a child has gotten to high school, they're lost to the gang if that's what they chose. Those are more likely to end up in prison.”

Breakout sessions over the course of the day focused on what schools can do, what law enforcement is doing, what businesses can do and what youth centers and churches are doing to intervene.

“We plant the seeds, and then somebody else has to add the water,” said Wayne Sakamoto of the San Diego Department of Education, the presenter on what schools can do.

He admitted he has never heard a child say, “wow, that changed my life.” He said, “It's a slow process. We need to give kids hope they can make it.”

He said that being involved gangs has the obvious consequences, as one as some not so obvious. “If you're involved in a gang, it will take until age 30 to accomplish what takes others until just 20,” he said about lost productivity and development.

The most compelling presentation may have come from Visalian Stan Bennett, whose brother was affiliated with a gang and who died from an accidental gunshot wound.

He told of the drug addiction two of his brothers had and of his brother's gang connection. He said one brother helped police catch several drug dealers, assistance he paid for by having to move out of the area for his safety, but because of the similarity in looks between his brother and Stan, he also has paid a price.

“I have been shot at. I have been threatened,” said Bennett.

He told how he interviewed a sureno gang member to prepare himself for the summit and how that person said for $1,600 a month (about $9.50 an hour), he would go straight. However, going straight does not mean leaving the gang. Once a member, you are a member for life, the gang member told him. However, as long as he was in good standing with the gang – did his deeds, never snitched and doesn't leave – the gang will leave him alone.

Bennett then told how he has employed gang members, with fairly good success.

“They've been down and out and as low as they can go and they don't want to go back,” he said.

Why would someone hire a gang member? Bennett answered because most are unemployed and that is one of the causes of a multitude of other problems. “Investing and hiring the difficult, the not-so-desired, it'll make a difference,” said Bennett. He said they can affect others in a positive way.

Collaboration

Keynote speaker Paul Seave, state director of the Gang and Youth Violence Policy, noted that gang killings in Tulare County have risen from just 4 percent in 1981 to 16 percent today.

“Suppression is a short term solution. Our plan must include prevention and intervention. It's time for us to step up to the plate,” he said.

Carden agreed.

“This is not just about Visalia PD, Porterville PD, or the sheriff's office - law enforcement must come together. We have to come together as a community,” said Carden.

In his opening remarks, Cline laid out the task ahead.

“This is nothing, if not an opportunity to stop the gang violence that has been occurring,” said Cline. “We are seeking a means to save our children from becoming victims,” he added.

He noted that Tulare County is quickly becoming an urban county with urban problems. He said the choice is clear.

“We can address all the problems intelligently, effectively. We can be a vibrant, upbeat place where our kids can't wait to get back to after college. Or, it can be a dead zone where fear reigns.

“What it takes is why we're here today. What it takes is to step up. We have to stand together.”


Canadian Plastics Firm Considers Tulare County Move

By Miles Shuper

Tulare County - A Canadian firm which currently provides recycled plastic material for industrial uses hopes to expand into Tulare County.

The company, whose owner asked not be identified, expects to make a decision within two months.

The nearly 20-year-old firm, with plants in Vancouver, British Columbia, and Calgary, Alberta, recycles plastic soft drink and water bottles, grinding it into flakes and pellets used in manufacturing containers and other products.

 A company spokesman said the company supplies materials to many locations, including Tulare County where one of its major buyers operates.

The Canadian company currently is seeking a location to establish a plant which could employ 60 to 100 people. The firm is seeking at least several acres with close access to a rail spur line. Although no specifics were disclosed, the company official said once a decision is made to expand to a Tulare County site and property is located, the operation would be up and running in a relatively short time. He said the West Coast, especially California, has a vast supply of plastic bottles, another factor in the company's plans to expand here.

If the company moves here, it would be the third new plastics recycling firm expanding or relocating in Tulare County in recent months.

Viscotec-U.S. Inc. announced several weeks ago it had leased an 80,000-square-foot building in Tulare where it will initially employ 30 workers and hopes to increase that to 50 within two years. The company, which has plants or a major presence in Singapore, Indonesia, Malaysia and the Philippines, has been stockpiling waste agricultural plastics, especially drip irrigation tape, mulch film, silage covers and twine, at a Sequoia Field site where it had planned to use a portion of the county-owned property.

Viscotec-U.S. Inc. announced nearly two years ago it was moving to Tulare County to create a North America flagship operation. Rather than wait for construction at Sequoia Field, the company decided to move to Tulare when a building which met its requirements became available. The firm is setting up its state-of-the-art equipment at the site.

In Terra Bella, AGG (America Goes Green) is starting up a recycling plant in a large building formerly used by Grand View Citrus Packing. The company expects to employ 100 workers within two years.


NAR President Dick Gaylord Addresses Tulare County Realtors Installation

By Steve Pastis

Visalia - In what many consider a time of doom and gloom for real estate, Dick Gaylord, president of the National Association of Realtors, brought a positive and inspiring message to Valley realtors. Gaylord was the keynote speaker at the installation of the 2008 officers and directors of the Tulare County Association of Realtors.

The event, held at a the Visalia Convention Center on Dec. 5, was also attended by local dignitaries, including members of the Tulare County Board of Supervisors and several mayors and city council members.

“The reason I am here is I have so many friends here,” Gaylord told the crowd, mentioning some of the local friends he knew when he was president of the California Association of Realtors. He then worked to inspire the crowd by explaining what it means to be a realtor.

“We can be proud,” he said. “There are not many professions that have a code of ethics that they require their members to subscribe to.”

He reminded people about the innovative Multiple Listing Service that efficiently helps serve members of the public.

“It's realtors who have innovated,” he said. “We did a survey of our members asking them how many of them use technology. Ninety-some percent of our members are technologically savvy.

“As far as competition, our industry has welcomed every single new business model that has come about,” he said, citing ReMax which started about 30-35 years ago with what some at the time considered “the craziest business model” they had ever seen.

“Most important of all is as realtors, we build communities,” he said, adding how realtors associations also support charities.

“We're a part of our community and we build communities and as we celebrate our 100th anniversary, we have a great deal to be proud of,” he said.

Gaylord talked about a recent interview he gave to television news media from across the country where he was asked about the current real estate market.

“The real estate market is on everybody's radar screen today,” he said. “You can hardly pick up a newspaper that doesn't talk about how terrible the market is. Well, what I said to them is this, 'I've never been more confident in the real estate market. The problem we're having is this: we've enjoyed some tremendous appreciation over the past five or ten years and people now have a misperception about a real estate investment. They're thinking that real estate investment is a short-term, high-yield investment – and it's not.'

“But how many of us in this room can think of a client who lost money in real estate who bought real estate as a long-term investment?” he asked.

He stressed that real estate is a “solid long term investment,” adding that now is a good time for the real estate market with low interest rates, inflation under control, high employment and the fact that “buyers have more of a choice than they ever have.”


'Taco Truck' Ordinance Termed Unlawful, Board Tables Issue

by Miles Shuper

Tulare County - After being told their proposed restrictions on mobile food vendors violate state law, Tulare County Supervisors Tuesday tabled consideration of a county ordinance and pledged to work out a plan with vendors and their attorney.

David LeBeouf, a Stockton-based lawyer who has helped several cities, including Sacramento, Stockton and Salinas, adopt regulations for vendors, told supervisors, “You can't prohibit vendors on the street.”

LeBeouf, who was contacted by local vendors late last week, and only saw the county's proposed ordinance Monday, said, “I want to go through these (proposed restrictions) one-by-one so you can write a good law.” He called laws disallowing or restricting vendors “a restraint of fair trade,” citing California Appellate Court rulings to back up his contention.

During the board's closed session, the attorney talked with reporters and several other persons, citing laws dating to 1979 and the case of Barajas vs. the City of Anaheim. The attorney said the California Vehicle Code provides that mobile vendors can not be prohibited.

Although he has only little time with his new clients, LeBeouf said they want to form an alliance and work with the county to regulate operations. He said vendors in Stockton and the other cities he has worked with have formed alliances to police themselves, another advantage in eliminating citizen and city concerns.

His presentation came while supervisors were going through a revised proposed business license ordinance. Supervisors were considering a four-option proposal from county staff who had been instructed last month to return with revisions. Those revisions included provisions allowing vendors to seek waivers on some rules, especially time and location restrictions. For many years, restaurant owners and others have complained that vendors infringe on their businesses without having the overhead costs, and create traffic safety issues and leave trash.

After the lawyer's brief presentation, the board went into closed session to confer with County Counsel on anticipated litigation on the business license issue. Within about 10 minutes, the board returned and voted 5-0 to table the issue. No dates were set but board members announced they would make county staff available to work with the county's mobile food vendors to work out an equitable method of regulating them. County Executive Jean Rousseau announced he would head the county's negotiations with the vendors and LeBeouf.

The so-called “Taco Truck” ordinance has been a hot one for a number of years, but recently has drawn considerable attention as the county worked to create a business license requirement for the unincorporated areas of the county.

At Tuesday's session, supervisors were considering revisions of the originally drafted rules which they decided were too restrictive. They sought a method of allowing for waivers on a case-by-case basis.

Among the options the board heard prior to voting to table the issue was one which allows taco trucks and like vendors to obtain waivers allowing for more than one hour between the proposed 7 a.m. to 7 p.m. period and to be able to stay for more than the original one-hour limit.

Another option was to reduce the time restrictions. A third option set the hours at 7 a.m. to 9 p.m. and allowed the vendor to stay at one site for more than an hour if the site is at least one-half mile from any incorporated city.

It is possible that some of the staff proposals may be incorporated when the business license ordinance eventually becomes reality.

The drafting of rules and licensing likely will take on a new light considering the apparent willingness of vendors to work in self-regulation and policing.

Though there were a number of vendors at the meeting who listened to the discussion through an interpreter, none chose to address the Board.

In other matters, Supervisors:

-- Approved a staff request to grant an appeal by Seng and Nina Saephan of a planning commission denial of a zone change for a 4.7-acre parcel along Highway 63 north of Visalia. Plans call for a strip mall for small businesses at the northwest corner of S. Highway 63 and Avenue 322.

-- Approved a four-way stop at the intersection of Spruce (Road 204) and Avenue 256 near the City of Exeter. This is the latest action the board has taken for four-way stops at intersections having a number of accidents. The heavily traveled intersection currently is a two-way stop.

– Approved the acceptance of $25,526 from the Friends of Tulare County designated for the Sheriff's K-9 unit, the Sheriff's Search and Rescue Unit and the Tulare County Peace Officers Memorial.


What's New

Bakersfield-based Liberty Energy is scouring the county for a site to build a new 15-megawatt biomass powered plant in the Central Valley. With a potential contract to sell the power to SCE in hand, officials from the company toured Tulare's wastewater treatment plant this week where the company would use sewer sludge that would be gasified to make electric power and provide heat to the proposed meat packing operation slated nearby. Tulare Public Works director Lew Nelson says the process used by the community of Banning under contract with Liberty “has a lot of promise” for Tulare where it could potentially save the city money on the processing of its waste stream. The plant needs lots of water so this location makes sense using treated effluent. The company, associated with McCarthy Farms of Kings County, looks to build multiple plants in the valley to reduce emissions from the composting of sludge as well as animal manure. Besides, Banning, the company is upgrading its Lost Hills facility to process manure because of air district rules to reduce volatile organic emissions from livestock operations nearby. Burning the manure in the enclosed biomass plant reduces VOCs by up to 99%, the company says.  The McCarthy company already takes sewer sludge from Tulare.

Local home builder Gary Smee may be one of the few builders left standing after the real estate meltdown in recent months with several of the large home builders simply hanging up their hammers on new residential construction in Tulare County. Smee is ready to launch new homes early next year in Goshen for the rock bottom price of $159,900 on 352 lots – a three-phased project on the east side of town south of Riggin. For that price, you get three bedrooms, but just under 1,000 square feet. A new Self Help Enterprise subdivision in Goshen is nearing reality too, not too far away. Those would be the first new home subdivisions in Goshen in many years. Smee says there is still an oversupply of homes in the Visalia area, but the low entry level prices could help some folks qualify who might not be able to afford a $200k entry level price a year ago. Other builders are offering homes in the $160s as well – a level that may be about as good as you are going to find in the state of California.

A 42-unit senior housing project is slated for Tulare Ave. near Edison with federal funding in place aimed for low income residents. Construction will begin this spring. The project is co-sponsored by Visalia Senior Housing and Christian Church Homes.

What's next for Plaza Business Park? A project was tabled by the city council recently, looking to clarify zoning rules for land designated for Business Research Park projects. Some council members appear to want to limit office size in this type zoning to only larger square footage. In any case, the project will come back to the city planning commission February 14. The project is being proposed by Craig Mangano. Council already approved a 53,000-square-foot college at the site as part of the project.

State Senator Dean Florez called this past week for the immediate resignation of Fresno State's president John Welty after a court awarded Fresno basketball coach Stacy Johnson-Klein $19.1 million in a sexual discrimination suit against the college. Florez claimed he would hold up next year's Cal State budget if Welty did not step down.

Gottschalks' losses amounted to $13.5 million so far this year (as of November 3) – more than double last year's losses. But like many retailers, the Fresno-based company hopes the holidays will bail them out again as shoppers forget the sub-prime mess and focus on gifts for loved ones. The Valley's largest department store is a gauge of the local economy.

Low-rider squad car makes debut. After drawing a mixture of laughter and applause at the Candy Cane Lane Parade, the Visalia Police Officers Association's new “low-rider” squad car made its official debut at a press conference on December 4. Originally purchased by the Visalia Police Association, the 1993 Chevrolet Caprice comes complete with chrome wheels with black spokes, 14-inch whitewall tires, black and white upholstery, sound system, custom art and hydraulic shocks that cause the car to hop. The car was the brainchild of Agent Lance Brooks, who came up with the idea three years ago of using a low-rider squad as a way to reach out to admiring youths. The car was paid for through donations from the Police Activities League ($1,000), businessman Roger Vogt ($2,500) and Brock Robertson ($500). The workmanship includes local artist Alberto Herrera's scene painted on the trunk, upholstery by Nico Santos, Pro-Hopper Co. in L.A. donated the hydraulics, and the stereo was courtesy of Gambio Saucedo of Visalia and the Life Car Club. Don't look for it cruising down Mooney Blvd. any time soon, Brooks said, adding the car will be used in parades, exhibitions and car shows. It will either be trailered or receive a police escort to avoid any confusion with the real thing.


Big Cheese Plant Gets Hearing

Fresno - The proposed new Blue Ribbon Cheese plant in rural Fresno County will get its first hearing December 13 at the Fresno Community Planning Commission. The project, just north of the Kings County line, some five miles north of Lemoore Navel Air Station, is halfway between Helm and Riverdale and located on farmland.

The project was proposed by a group led by attorney and dairyman David Albers who has previously told the Voice he hopes the big project will break ground in February 2008.

The project comes on the heels of a decision by the State of California to increase returns to dairy processors as of December to build more dairy processing facilities in the state.

At 650 million gallons of milk capacity, the proposed facility is equivalent to several other large cheese plants in our area, including in Lemoore at Leprino West and CPI-Saputo in Tulare.

According to the filing with the planning commission, the project is seeking approval based on a mitigated negative declaration.

The 436,000-square-foot facility along Elkorn Ave. would enjoy rail access near Burrell. The 24-hour operation would process 650,000 pounds of cheese, 50,000 pounds of whey protein concentrate for health food use, and 350,000 pounds of whey to be used for animal feed.

The project, located on 80 acres, would have its own wastewater treatment plant. The plant would feature a 120-foot drying tower for whey.

According to the county report, the project would employ some 232 workers and salaried people. The plant is expected to be visited by 163 delivery trucks a day.

As for water use, the company plans a reverse osmosis process that would take water from processed milk and use it to offset pumping the plant would need from groundwater. As a result, the project will require just 60,000 gallons of well water per day.

Blue Ribbon would bring milk in from surrounding areas including from Vintage Dairy located just 2,000 feet to the south of the site. Most of the milk will come from dairies within five miles of the plant. The facility would be Fresno County's only major cheese processing plant, notes the report.

In the environmental analysis, the county found that of the 1,080 acres used at the site, most of it was not cultivated.


Florida Puts Squeeze on California in Citrus Dispute

California - Relations are a little chilly this month between the two states known for warmth – Florida, the Sunshine State, and California, dubbed the Golden State.

Here's why. After California protested a new USDA ruling that allows shipment of Florida oranges from canker-infested areas that can now be shipped across the country without inspection. The shipments can't be sent directly to California as a citrus-producing state, but local officials say many shipments are transshipped in California.

California is desperately trying to keep citrus canker out of the state's groves. But, the USDA says it will no longer inspect the groves for canker apparently because all the groves have the disease.

Meanwhile, angered by the protests from California, Florida's Ag department, in an apparent retaliation, slapped a quarantine on all California citrus from areas of the state that have seen Septoria citrus in the past – Fresno and Tulare Counties – despite the fact the disease is being controlled by a new protocol. That protocol has been supported by export countries like Korea. Our industry has the problem under control, says Citrus Research Board President Ted Batkin.

California is very nervous about quarantines of fresh citrus since exports account for as much as 45% of grower revenue, says Sunkist.

Now California has the matter in front of a judge in Florida to approve a restraining order on the Florida Department of Agriculture.

The legal action is being brought by Sunkist Growers and California Citrus Mutual, among others.

Sunkist's Mike Wooton says the quarantine “makes no sense at all” since Florida has known of the “minor problem” of Septoria for years and hasn't until now expressed any concern.

Besides canker, California is nervous about the issue of citrus greening – another big problem in the Sunshine State that we don't want here.


Mining Operation Expansion Plan Hearing Scheduled

By Miles Shuper 

Lemon Cove - A public hearing on a plan to expand a hard rock granite extraction operation near Lemon Cove is set for Jan. 16.

Tom Cairns, owner of Lemon Cove Granite, is seeking renewal of the current mining permit and expansion of six acres from the current 22-acre operation.

One issue expected to be discussed at the Tulare County Planning Commission hearing is the proposed widening of the Highway 198 and Avenue 328 intersection adjacent to the landmark Lemon Cove Woman's Club, the former Pogue Hotel. The realignment, according to current documents, would clip a portion of the parking lot and landscaping of the historic, two-story building.

County staff was scheduled to meet this week with Caltrans officials regarding intersection requirements for the widening needed to accommodate additional truck traffic, up to 400 daily truck trips (200 in and 200 out) from the increased mining operation. There are currently about 50 total trips per day. The mining operation currently produces 400,000 tons per year which could jump to one million tons per year, documents state.

The January hearing is a continuation of the Nov. 28 Planning Commission session where several persons spoke in opposition to the expansion citing concerns of traffic, water, air quality and noise as well as the Pogue Hotel issue. George Clausen spoke in support of the mining expansion, citing the need for building materials. Clausen, a former College of the Sequoias agriculture teacher and a longtime area farmer, said he anticipates little, if any, impact on surrounding prime farmland if the mining operation is expanded.

Ann Chapman of the county's Resource Management Agency, said this week's meeting with Caltrans would focus, in part, on exactly what the state agency will require for the expansion of the Avenue 328 and Highway 198 intersection where the famed building is located.

The historic two-story building which was built in 1879 by J.W.C. Pogue, an area pioneer, is listed in the National Register of Historic Places.

Chapman said the meeting with Caltrans would focus on the construction of a right-turn deceleration lane for northbound 198 traffic and a northbound acceleration lane for traffic turning from Avenue 328. The project would be paid for by Lemon Cove Granite. The estimated life of the mine is 20 years. Plans provide for the re-vegetation and reclamation as mining of the land is completed.

Tom Cairns, who owns the company, initially began digging at the site in 1982 in an attempt to improve orchard property. The discovery of quality hard rock granite led to the mining operation with began in 2002 after Cairns was granted a mining permit.

The proposal calls for the addition of a tertiary crusher being added to the existing crushing equipment.


Measure R Oversight Team Gets Update

By Dave Adalian 

Tulare County - With their first year behind them, members of the Measure R Citizens Oversight Committee sat down Monday with officials from the Tulare County Resource Management Agency and the Tulare County Association of Governments for a year-end update on how the 1/2-cent sales tax voters approved in 2006 for improvements to the county's roads and transit systems has been spent so far, as well as what return taxpayers can expect in the future for their investment.

Already, more than $10 million in Measure R funding has been forwarded to Tulare County, with $21.7 million expected in total by June 30, and all of it has been earmarked for a wide array of various projects. Actual disbursements to date total some $5.869 million to the county's RMA and eight incorporated cities.

Hard numbers on what's been spent and what it purchased will be available on the committee's web site - CMeasureR.com - by the year's end, said Vicki Stasch, the committee's vice-chair.

“By January 1, all the information will be on the web site, updated regularly,” she said.

When TCMeasureR.com goes live with the data, it will include numbers already available on the committee's website, such as the $124,000 Visalia received to help purchase the right of way for a bike trail along Packwood Creek, $217,000 for reconstruction of East Lakewood Avenue in Woodlake, $450,000 for an upcoming rehab of Tulare's Tulare Drive, $194,000 for road repairs in Exeter and $2.4 million for repairs in unincorporated areas of the county.

The money spent so far represents just a tiny fraction the $652 million Measure R is expected to generate over the 30-year course of the tax.

“There are some projects that would not be done if it weren't for Measure R,” said committee chairman Gil Jaramillo. “There will be some projects in three to five years, and that may seem like a long time. Without Measure R, it might be 20 years.”

The nearly two-thirds of a billion dollars the tax is expected to generate over its lifetime will not cover all of the $1 billion in projects that have been identified by the RMA for that same 30-year period. The good news, however, is the funds taken in through the end of fiscal year ending in June 2008 should be some $3.4 million more than originally estimated, meaning the $652 million figure Measure R is intended to generate may be lower than its actual performance. Caltrans also projects State Transportation Improvement Program regional funds for the county at a maximum share of $59 million through the 2015-16 funding year.

Also, to help steady the flow of income TCAG planners have proposed short-term borrowing of $20 million for a term of two to four years. Other measures intended to regulate the supply of cash to the RMA for regional upgrades such as the ongoing widening of Road 108 between Tulare and Visalia will be needed a few years into the Measure R term, said Ramon Lara, regional planner for TCAG.

“We've been talking to local banks to forward the projects,” said Lara. “We will eventually look at bonding. We don't have enough capital to fund all the regional projects.”

Should it be deemed necessary, the county could issue bonds in five to seven years. The bonds would likely be used to finance only projects fully funded by Measure R revenues, and the Measure R Finance Technical Committee has recommended either a pair of 15-year bond issues, a pair of issues with 10- and 20-year terms or a single bond issue with a 30-year term. Debt service on the bonds would range between 6.5 and 13 percent of the principal, which would be between $151 and $210 million.

While those numbers represent a vaporous future, more concrete evidence of Measure R dollars at work is already all around us. During the next four years, the county and the eight incorporated cities have agreed 50 percent of Measure R funding will cover regional projects, such as the ongoing work on Road 108 and the widening of Mooney Boulevard scheduled to begin in January. Another 14 percent of the Measure R income is promised for creation of bicycle paths such as the Packwood Creek project and improving public transport with the addition of new bus lines, longer service hours and the purchase of cleaner-running buses.

A single percent of the money - some $6.5 million over 30 years - will pay for administration, leaving 35 percent of Measure R revenue for local projects in the eight cities and the smaller, unincorporated communities. How local project money will be spent is up to the city councils of the eight incorporated cities. A series of meetings in the unincorporated communities have helped the RMA determine how local project funds will be spent in those areas.

“Most [citizens of unincorporated towns] are very happy we have projects on their list,” said Jean Brou, the RMA's assistant director of transportation. “We want to do roads that serve the communities.”

The RMA has decided 55 percent of its portion of the local projects funding will be spent on set projects, with 35 percent of the remainder committed for discretionary spending, a move made in response to the RMA's realization their funding could not satisfy all citizens' demands for road repair and construction.

“They want to do more and that's the problem, we have only so many funds,” Brou said. “What I see is they would like to see more done. We can't do more than the money we receive.”

Henry Hash, RMA's director, pointed out Tulare County has the third most extensive system of roadways in the state, larger even than that in Los Angeles County, which receives 20 times the funding for road upgrades and maintenance per mile. Measure R has been a boon for transportation in the county, Hash said.

“It only does a fraction of the roads, but we couldn't touch them without Measure R,” he said.

While only required to meet once a year, the Measure R Citizens Oversight Committee has been meeting on a nearly monthly basis during the 12 months since its inception. That will change in 2008, when it will limit itself to quarterly meetings, the first of which will be held on Monday, Feb. 11 at a location to be announced.


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December 12, 2007

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