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Turlockers talk ethics at campaign finance workshop
Council expected to address possible campaign finance regulation at next meeting
campaign finance pic
Mayor Gary Soiseth addresses attendees at the June 15 campaign finance workshop held at Dennis Earl Elementary. - photo by KRISTINA HACKER / The Journal

The Turlock City Council finished its series of special community workshops on campaign finance last week and is expected to address the issue at their June 28 regular council meeting.

The workshops — held in each of Turlock's four new electoral districts —  were scheduled as "opportunities to increase transparency at City Hall" and to "hear any new ideas that Turlock’s residents might have to accomplish this goal," according to Mayor Gary Soiseth.

Campaign finance was one of the issues brought forth during the Council meetings held from December 2015 through March that resulted in the change in process of selecting an operator for the downtown farmers’ market.

Council member Steven Nascimento has been advocating for the adoption of campaign finance regulations that would disqualify a council member from voting on an issue that financially impacts a large campaign contributor.

"Transparency without accountability is meaningless. We have to have a way to hold people accountable to their actions. If there aren't' any rules in place, there isn't any recourse for the public. The only accountability is elections and they don't come until every four years and I don't think that's enough," said Nascimento.

Although he is hoping to get a disqualification ordinance adopted, he said that any campaign finance regulation would be better than what the City has now.

"I moved forward with a disqualification ordinance, but if all we can find agreement on is a campaign contribution limit, I'm happy to support that because any reform is better than no regulations at all," he said.

Each of the four workshops began with a presentation by City Attorney Phaedra Norton on the City of Turlock's campaign regulation history, a review of the Political Reform Act and constitutional protections that apply to contribution and expenditure limits.

While the City of Turlock follows all regulations in the Political Reform Act, the City does not have a limit on the amount of money an individual can donate to a candidate's campaign or an ordinance that prohibits a Council member on voting on items that financially affect campaign donors.

The Political Reform Act requires elected officers, candidates and committees to file campaign statements by specified deadlines disclosing contributions received and expenditures made. These documents are public and can be audited by the Fair Political Practices Commission and Franchise Tax Board to ensure voters are fully informed and improper practices are prohibited.

Norton also addressed possible campaign finance regulations and how they might stand up to a constitutional challenge, with disclosure regulations, voluntary expenditure limits and contribution limits on individuals, corporations and unions getting a "green light" and expenditure limits, independent expenditures and contribution limits on independent expenditure committees, ballot measure committees and by the candidate getting a "red light" when it comes to possible legality.

Norton also left the audience with the following cautionary notes: "Campaign finance regulations are a rapidly evolving and very nuanced area of the law. Therefore, what is permissible to regulate today many not be permissible to regulate in the future."

For Turlock Planning Commissioner Soraya Fregosi, who attended the June 15 campaign finance workshop held at Dennis Earl Elementary, regulating campaign finance is a matter of ethics.

"What about ethics? Is that brought up at all?...There is nothing about ethical behavior, impropriety, or the appearance of impropriety," she said.

Fregosi also found it contradictory that she, as an appointed commissioner, had to recuse herself from voting on an issue with the Turlock Unified School District because she was  paid $500 for substitute teaching, but a city council member could vote on matters that financially affect an individual who donated thousands of dollars to that council member's campaign.

Norton clarified that state law imposes different standards on appointed officials and those elected to office and campaign contributions are considered an individual's right to free speech.

Also attending the June 15 workshop was former Mayor Brad Bates and former Council member Mary Jackson, who along with former Council member Ron Hillberg, recently started a petition to put a campaign finance regulation on the November ballot and then decided to hold off on filing it with the City Clerk's office.

"It's withdrawn to give the Council the opportunity to act on the issue," said Bates.

While they decided to hold off on filing their petition with the City Clerk's office, Bates and Jackson are still advocating for a campaign finance ordinance.

"I can connect the dots between donors and projects," said Jackson.

The City has not yet released the agenda for the June 28 City Council meeting, however, Mayor Soiseth stated during the June 15 workshop that the Council will have the opportunity to act on regulations based on Nascimento's proposal, Bates' proposal and other options.

 

 

New subdivision in Hilmar approved despite opposition
Hilmar housing subdivision
A map shows the land parcels where a proposed subdivision, called Shevlin Place, will be built in Hilmar.

BY BRIANNA VACCARI

CV Journalism Collaborative

Despite staunch opposition from residents, the Merced County Board of Supervisors gave the green light for another new subdivision in Hilmar.

The board considered an appeal of a prior planning commission decision on Tuesday during its regular meeting. Ultimately, the board affirmed the planning commission’s approval of the project on a 4-1 vote, with Supervisor Lloyd Pareira, who represents Hilmar, casting the lone no vote.

Half a dozen Hilmar residents drove the 30 minutes to Merced to register their opposition to the project. They voiced concerns over traffic, water supply and strategic planning decisions.

For the majority of the supervisors, the issue came down to property rights. 

“I understand the need to make sure we’re planning in a good way and the county is developing in a positive way,” Board Chair Josh Pedrozo said. “Yes, there’s going to be some hiccups, but I think this company who has submitted the plan … has listened to everybody, has taken a lot of time to do it the right way, based upon the county’s recommendation.

“I can’t, in good faith, vote against this project,” he said.

Supervisor Daron McDaniel said he worried that since the developers met all of the county’s requirements, denying the project may expose the county to legal action.

The 136-home project, called Shevlin Place, will include a pocket park, walking trail and drainage basin on about 33 acres of land, south of Hilmar and Irwin high schools and a new elementary school. Homebuilder Mike Wadsworth is behind the project.

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The site of the project, located near the intersection of West Geer and North Lander avenues, previously was an orchard and has been fallow for several years, county documents show. About a half dozen homes, outbuildings and a storage company remain on Geer Avenue directly north of the project site.

The unincorporated town of Hilmar is home to just over 5,000 people, according to the U.S. Census Bureau. Known locally as a dairy town with deep Portuguese roots, there’s a growing population of Latino residents as well.

 

Traffic and water concerns

Hilmar resident Danny Coder filed the appeal that the board of supervisors weighed Tuesday. 

Public records show Coder lives in one of the homes right by the project location and likely will be directly affected by construction and the resulting neighborhood.

Coder was unable to attend Tuesday’s public hearing because he got called to work, according to another Hilmar resident who spoke on his behalf during the hearing. In his appeal, Coder outlined his concerns with the project as well as possible solutions.

The main concern cited by residents and the supervisors alike is the vehicle traffic the new development will add to an area of town that’s already notorious for traffic congestion.

Outside of Hilmar, Lander Avenue turns into state Highway 165, which is managed by Caltrans

The intersection of Lander and Geer avenues  is located near a Hilmar Unified School District compound that includes the newly-opened Hilmar Elementary, Irwin High, Hilmar Middle and Hilmar High schools, Elim Elementary and its associated Head Start program.

During the hearing, Supervisor Pareira said he has seen firsthand the existing traffic congestion at the intersection.

On Lander Avenue, drivers sometimes will use a turn lane as a passing lane to bypass bottlenecked traffic, Pareira said. Other Hilmar residents described the staggered school schedules that create nonstop pickup and dropoff traffic around the various schools.

“What the public comment is saying about the school traffic is – I don’t even think they’re explaining it to the degree that it is,” Pareira said.

“It’s just unreal,” he said, later adding, “It’s a mess out there.”

Although a traffic study was conducted for the project as part of the environmental review process, Coder and others called it flawed and called for a new one to be done that considers school operations within its peak hour analysis.

However, Merced County planning staff said the study did include school drop-off times, and in the end the study found the project met “safe circulation” standards set by Caltrans and county planning.

County staff also confirmed Caltrans is planning to install a traffic signal at the intersection of Lander and Geer avenues around 2028 or 2029. After eventually being called to speak, Wadsworth told the board the traffic signal likely will already be installed by the time the first house goes up for sale, considering permitting and engineering plans may push construction out a year or two still.

Coder in his appeal, along with other Hilmar residents, also voiced concerns about the Hilmar County Water District’s ability to provide water for the new subdivision, citing lack of supply and adequate infrastructure.

Other residents also voiced concerns about the water district’s supply for the several new subdivisions coming to town, saying the district cited supply issues in the past. Residents also mentioned failed wells in the community. 

County staff said the water issue is outside of the county’s jurisdiction, but the small water district signed a “can and will service” letter for the project and a legal acknowledgement that it has capacity for the new community.

If it turns out Hilmar County Water District does not have capacity to serve the new development, “then it doesn’t get built,” said Tiffany Ho, Merced County’s deputy planning director.

 

Residents say they want ‘responsible growth’

Hilmar residents urged the board to carefully consider residents’ concerns before approving the project.

Crystal Casey, an active Hilmar resident who also serves as a member of the Hilmar-Stevinson Municipal Advisory Council (MAC), said nearly everyone in town she’s talked to opposes the project.

“It’s important to note that Hilmar is not against growth. We are advocates for responsible growth,” Casey told the board of supervisors. “We actually have already voted in favor of two subdivisions. …

“The residents of Hilmar are very clear in their vision of the community. They do not want large subdivisions built south of the school,” Casey said.

Casey and other residents criticized the Hilmar community plan – a county planning document that charts future growth – as 20 years old and outdated. She said the Hilmar MAC has requested an updated plan many times.

On the other hand, Wadsworth said that years ago, the community asked for development west of Lander so children wouldn’t have to cross the road to get to school. That’s why the property was zoned as residential, noting it’s taken over three decades for the project to get to this point.

County staff estimate construction on the development will begin around 2028.