Rural Laws: January, 2002 - Number #1

Tulare county is included in the American Community Survey. In November 2001, a year ahead of planned detailed data collected from one in six households during the 2000 census, the ACS found that, of 216 U.S. counties with populations greater than 250,000, Fresno County had the fifth-highest poverty rate and Tulare County ranked sixth. In both of California's leading farm counties, about 25 percent of residents had incomes below the poverty line and one-third of adults did not complete high school.

According to the ACS, Tulare county had 362,000 residents; 51 percent were Hispanic, and 95 percent of the Hispanics were of Mexican origin. Some 78,000 residents, 22 percent, were born abroad, and 35 percent of the foreign-born residents entered the US after 1990. About 45 percent of Tulare county residents five and older speak a language other than English at home.

Of the 199,000 residents aged 25 and older, 38 percent did not complete high school, while 12 percent had a BA or more. The Tulare county labor force was 154,000 in 2000. By industry, 24,700 workers were employed in agriculture, compared to 52,000 in services, and 26 million in trade. Median household income was $33,000, compared to $53,100 in California.

Some 35,000 Tulare county residents received public assistance income or noncash benefits, including 7,700 who received a mean $6,200 in Supplemental Security Income; 9,100 who received a mean $4,800 in cash public assistance; 12,034 who received Food Stamp benefits; and 21,000 who received free or reduced price school meal benefits. About 24 percent of Tulare county residents had incomes below the poverty line of $17,603 in 2000 for a family of four, including 35 percent of children under 18.

There were 120,000 housing units in Tulare county, including 11,300 mobile homes. The 66,000 owner-occupied units had an average of 3.2 occupants and a median value of $99,000. The 43,000 renter-occupied units had an average 3.5 occupants and a median rent of $534 a month- about 36 percent of renters spent 35 percent or more of their household income on rent. Home equity migrants from coastal areas of California are moving into some parts of the San Joaquin Valley, but not into Tulare county. The highest median incomes and median home values in California are in Santa Clara and San Mateo counties: household incomes are about $70,000 in these counties, and median home prices are $450,000 to $500,000.

Tulare county, which typically has the highest unemployment rate in the eight-county San Joaquin Valley, 13 percent in September 2001, also had the fastest job growth in the US, 5.3 percent in 2000. The city of Farmersville is using state Community Block Development Grant funds to develop several gas station mini-malls, and has promised to forgive $10,000 of the loans for each job created.

State aid for economic development in the San Joaquin Valley has often been the addition of prisons. A $350-million, 2,000-employee, 1.2-million-square-foot hospital to house violent sexual predators state mental health facility is being built in Coalinga in Fresno county adjacent to the Pleasant Valley State Prison. The annual operating budget is expected to be $100 to $150 million a year.

Many farm workers are employed between 1,000 to 1,500 hours a year, which is less than full-time work- full-time is usually defined as 50 weeks at 40 hours a week or 2,000 hours a year. There are 13 organizations in California that help farm workers and other low-income residents who have more time than money to build their own homes. In southeast Madera in October 2001, the 40-unit Cottonwood Creek family housing project, built by Self-Help Enterprises, was opened; 90 percent of the residents are farm workers. This is a traditional rental project, not self-help.

The eight-county San Joaquin Valley is in serious non-compliance with federal standards for particulate matter -- tiny particles that can damage human lungs. Areas that do not reduce particulates lose federal road-building funds. The San Joaquin Valley Air Pollution Control District board in November 2001 agreed to exempt "implements of husbandry" such as tractors from new efforts to reduce dust.

The Center on Race, Poverty and the Environment is suing to block the issuance of permits to operate dairies in the San Joaquin Valley, arguing that the environmental impact statements filed by farmers do not satisfy the California Environmental Quality Act (CEQA). Tulare county is California's major dairy county; no new dairy permits have been issued since 1999.

Voting. Most of California's 476 incorporated cities elect city council members at-large. Only 29 elect members by district, including Los Angeles, Berkeley, Long Beach, Stockton, Sacramento, Oakland, Long Beach and Watsonville. Under prodding from Hispanic activists, several San Joaquin Valley cities switched to district elections for city council elections, including Fresno, Bakersfield, Dinuba, Hanford, Sanger and Parlier. The argument is that, if Hispanics live in one part of the city, they are most likely to have Hispanic representation if council members are elected by district. Reedley is considering a switch to district elections; all five council members live on the west side of town, while most Hispanics live on the east side.

Parlier, a city of 11,000, has not had stable politics. A Fresno County civilian grand jury found that there was widespread nepotism among city employees- 30 percent of city employees were related to one family by blood or marriage. Mayor Luis Patlan responded: "It's no secret that Parlier is 98 percent Hispanic, and the culture of the Hispanic community is to have a large, extended family. I'm not going to apologize for that." The grand jury report led to a recall effort that failed to garner sufficient signatures. Parlier has 2,800 registered voters, and 193 signatures were required in each of the five city council districts to order a recall.

Racial tensions in some California cities are increasing with redistricting. Latinos are 16 percent of the electorate statewide, and held 22 percent of the state Senate seats and 24 percent of the Assembly seats. In the city of Los Angeles, the Hispanic population share rose from 18 percent in 1970 to 46 percent in 2000, while the African American population share fell from 17 to 11 percent. Latinos hold four of the 15 city council seats.

The Mexican American Legal Defense and Education Fund (MALDEF) sued to block implementation of new voting districts approved by the California Legislature, targeting the San Fernando Valley district represented by Rep. Howard L. Berman (D-CA), which is 57 percent Hispanic. MALDEF's redistricting suit is before a three-judge panel in federal court.

Napa County. A new law allows grape growers to assess themselves $10 an acre to provide funds for farm worker housing. With 40,000 acres of grapes, the assessment district is expected to raise $400,000 a year in its first five years; and can be renewed for another five years.

Napa county provides one of the best examples of agri- or agro-tourism, in which farm business is conducted for the education and enjoyment of consumers. Agro-tourism encompasses everything from farmers' markets to wine tasting and Christmas tree cutting. The Flower Fields of Carlsbad, Apple Hill in Placer county, and Napa wine tasting are examples.

However, agri-tourism has contributed to rising housing costs in Napa. The average rent for a one-bedroom apartment in Napa in September 2001 was $850, up $85 from a year earlier, and $1,000 for a two-bedroom apartment, up $90. The National Low Income Housing Coalition estimates that a worker would have to earn $15.38 an hour to spend 30 percent of his earnings on a one-bedroom apartment, or $18.75 an hour for a two-bedroom apartment. The Napa Valley Housing Authority offers federal rent subsidies to more than 1,000 low-income local households, but the wait for rental assistance is typically two years.

Many farm workers live in the city of Napa. Landlord Ed Kreith owns the 180-unit Stonehouse Apartments on Stonehouse Drive, the 160-unit Vintage Apartments on Pueblo Avenue and the 147-unit Napa Valley Village Apartments on Laurel Street and Collier Boulevard. All are considered substandard, prompting fines and repair orders from the city.

Napa voters in 1980 approved Measure A, which established strict numerical allocations of housing by type for which building permits can be issued in a given year. Only 109 houses a year can be built outside Napa's five cities, according to Measure A, but the county has been allocated 257 units outside cities by the regional planning association, ABAG, and 35 percent of them are to be for low and very low income earners. Napa makes building permits available for affordable housing, but most have not been used, so Napa is one of 12 California counties considered out of compliance with the housing element of its general plan.

The Napa wine industry is consolidating. Constellation Brands, the second largest US wine company, may buy Trinchero Family Estates, owner of Sutter Home brand and fifth largest US winery. If the buyout occurs, Constellation, which owns Franciscan and Mount Veeder, would leapfrog Gallo to become the largest US winery.

Sonoma county produces more wine grapes than Napa county, but has a smaller agri-tourism industry. Sonoma County growers planted 13,000 acres of new vineyards during the past four years, bringing the total to 56,000 acres, and an expected 60,000 acres by 2002. In October 2001, Sonoma apple grower John Kolling was charged with 14 criminal counts for allegedly providing substandard housing for 50 to 100 farm workers, and charging them $120 to $360 a month. Kolling's attorney said that his client "wants to do the right thing. What he has to do is abate the nuisance, demolish the buildings and go out of business." During the 1980s, Kolling threatened to go out of business when he was charged with housing violations.

In Mendocino county, wine sales were $88 million in 2000, compared to $115 million for timber and $12 million for pears. The volume of redwood logs has decreased- only 25 percent as many logs were cut in 2000 as in 1990--but the value of timber in 2000, $115 million, exceeded the value in 1990, $93 million.

Lori A. Carter, "Sebastopol apple grower faces 14 criminal counts over 'deplorable' living Conditions," Press Democrat, October 19, 2001.