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Be A Locavore!!! Mountan Meadows CSD Meeting Recap - 5/21/08 Wind Company Leases and Things to Watch For Mountain Meadows February Meeting Wind Turbines Coming to West Ranch? Highline and Curry Intersection Mountain Meadows Fee Increase Special Meeting Earthdance Do We Need A Motorcycle Cop? Mountain Meadows Fee Increase, Part Deux August 07 September 07 October 07 November 07 December 07 January 08 February 08 March 08 April 08 May 08 June 08 July 08 August 08 September 08 October 08 ...a zebra is just a donkey with stripes.
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The Farmer's Market starts up again this week and the forecast is great for its Thursday afternoon opening so there's no excuse not to go out and spend some of those hard-earned dollars locally. I know I'm looking forward to some fresh veggies, plump cherries, and that great pomegranate juice they had last year. Yes, sometimes the produce is more expensive than you can find at the grocery store, but it's worth it. The money all goes back into our community, rather than into some giant corporate bank account. It encourages locals to be involved and continue the farming lifestyle that is a trademark of Kern County. And we all know there is no substitute for fresh produce. Sure, a tomato grown in a garden may have a blemish, or be unshapely. But I guarantee it was picked in the last day or two, spent no time in a giant bin on a semi truck, and will taste 100 times better than the best "hothouse tomato" from Albertsons. With this in mind I challenge everyone out there to grab a handful of cash, a reusable bag of some sort, and walk, pedal, or carpool down to Railroad Park this Thursday between 4 and 7 pm and take the first steps to becoming a Tehachapi locavore - consuming only what's local for at least one afternoon. I attended the Mountain Meadows CSD meeting this week. Here's some of what happened: The board received some grant money (around $70,000 worth) from the Air Pollution Control District for road maintenance. This money will be used to oil and compact some of the more utilized roads in the CSD - like Cheyenne. You may have seen the road crew on their new (used, but new) equipment already. They've got a newer grader, loader and water truck and appear to have been working on some of the roads. Good for them. The board is applying for another grant of something like $1.2million from the Air Pollution Control District (I think). Problem is that they have to put up about 10% of the amount of any grant money they request so this limits what they can ask for. Right now they are trying to scratch together $120k for this grant application. Too bad they spent so much on all that base rock that is still piled on many roads... I asked about the plans for Dennison and as of the meeting there are none this year. According to the board, it will take more than $5 million to fix it. In the meantime they have been patching the bigger potholes and I believe a small Datsun what found in one. It looks like they are working to improve the roads and get grant money for it. This is a good thing and hopefully will continue. One issue that came up was drainage problems on the sides of the steeper roads. I guess ruts are forming on the sides of some roads that make it difficult for homeowners to cross from their property onto the road. I wonder if this is the responsibility of the CSD to put in V-ditches on private lots, or if the individual lot owners should deal with this as it is common sense that when you buy a lot on a hill there will be run-off. The $1.2 million dollar grant request is for funds to address this type of problem. No news on the wind turbine development in Old West Ranch other than the fact that the wind company has not applied for a zoning change or variance yet. Next meeting is June 18, 2008 at 6:00 pm at the CSD office on Summit. If you own more than 20 acres of relatively flat and unobstructed land in the vicinity of Tehachapi-Willow Springs Road chances are you've been contacted by a wind energy company in the past six months. With current government incentives to power companies, big wind is ramping up land leases and purchases for the next big boom in Tehachapi's wind industry. This is good for the local economy as it will provide jobs, and may be good for some landowners with otherwise "useless" land that has no water or power nearby. In the past six months more than 45 leases to wind companies have been signed by local landowners (source: Kern County Recorders Office search). About 15 purchase agreements are also recorded. I personally know of several landowners who have been approached by wind power companies to lease their land. While some of the initial offers seem quite lucrative and landowners may be ready to jump in rather than lose the opportunity, there are several factors land owners should consider when reviewing the leases. Here is a brief outline of what to look for, how to negotiate and where to go for more information: 1. Zoning. Some of the leases require the landowner to change the zoning to commercial use. In Kern County this is not required and unless you are certain you want your property to be commercial for a very long time, you may not want to do this. 2. Easements. Many of the leases contain language giving the power companies easements to cross your land. Negotiate separately for these and see if they are for a set number of years or permanent. 3. Mechanic's Liens. Sometimes companies start a project on someone's land and then run out of money. The contractors who do the work and don't get paid can sometimes put a lien on your land if you don't require the wind company to explicitly indemnify you agains such liens incurred by them. 4. Money. How much is a wind lease really worth? The new turbines are much bigger than the old ones from the '80's. Some leases offer to pay per acre of land, some per megawatt, some a flat fee, some a yearly minimum with a percent of energy revenue. This can be a complex matter. Ask how many megawatts the turbines are (nowadays 1.5-3 MW is common) and figure on about $5000 per year per megawatt per turbine as a minimum. 5. Talk to your neighbors. Chances are if you've been approached, so have your neighbors. Compare offers, join together to negotiate. In this case there is power in numbers and there are often incentives for gettting a whole section (640 acres) to sign on with one company. The first man in does not usually get the best deal in this business. Landowners who have already signed thinking they must take the first offer out there are usually the ones who end up with the least revenue and the worst contracts. 6. Ask for what you want. These companies have the money to build wind projects but they don't have the land. 7. Shop around. Chances are that if ENXCo wants your land, so does Oak Creek and Cal Wind and Alta and all the other companies out there. Don't be afraid to approach the wind companies to see if they are interested. 8. Contact a lawyer to review the lease before you sign. Unless you are extremely confident in your real estate law or just don't care, this will help you better understand what you are really signing up for. When you consider how much you have to gain from a good lease, it really does make it worth your while. 9. Length of the lease and renewal periods. These vary widely and you need to consider what you want out of the land 20, 30, even 50 years down the road. Finally, check out this website: www.windustry.org for more information on wind energy and wind leases. Good luck and be sure to pass this on to neighbors who may not have access to the internet. I know it was a couple of weeks ago, but I went to the February 20, 2008 Mountain Meadows CSD meeting so here's what happened: 1. A new board member (can't remember his name) was appointed in place of an old board member (can't remember his name either). The old board member had missed six of the last 12 meetings. That means two board members have been in charge and making decisions for a while. Yet another reason we need a five member board like everyone else if you ask me... 2. Some budget items were approved. 3. The fee increase was discussed. They could not find the code section authorizing a 20% fee increase without property owner approval so they could not implement a 20% increase this month but plan to next month. That means dues will increase from $200 to $240. Not sure when it will take effect. 4. During the open session I brought up the wind turbine development on the border of Mountain Meadows and Old West Ranch. Board members were not aware of the situation but expressed concern and interest in stopping it. They said they are on board with opposing any such development near Mountain Meadows and will do what is necessary to fight it. (Finally, a good decision by the board!) If you want to have a say about the fee increase, or the turbines, or anything else the CSD is doing, attend the next meeting on March 19 or write them a letter or DO SOMETHING. It appears there is still no budget in place to utilize the extra $40 per year per parcel (about $30,000) although my guess is that it will go to pay for all that useless base rock (the $272,000 worth spent last year without approval by owners) that has now ruined so many roads and clogged the drainage in Mountain Meadows. Next time: More on the turbine development in West Ranch. Rumor has it that a public hearing has been set. I'm trying to find out when. Rumor has it that a land owner who has 80 acres on the northern edge between Old West Ranch and Mountain Meadows has signed a lease to allow Oak Creek to put in several large wind turbines. This would bring turbines to the south side of Tehachapi-Willow Springs Road in a location in the hills behind the glider port. As a property owner in both West Ranch and Mountain Meadows, this is of great concern to me. It is a documented fact that property values decline by at least 20% when turbines are brought in. Also, folks who believe bringing in turbines will bring in power should think again. The turbines we see every day send power to LA, not our local community. Of course, there are many hurdles Oak Creek will have to overcome to bring turbines to a residential area like West Ranch. The zoning will have to be changed, neighbors will have to approve of the variance to allow turbines. Factors to consider include noise pollution, ice throw off blades in winter (this happens), the flicker effect on nearby houses and their animals (can irritate horses), and easements on the private roads for the wind company to access the turbines for maintenance and repair. Has anyone else heard about this? Is anyone else concerned? Anyone interested in fighting this to protect our land values can contact me. I am going to look into it further and approach the planning department once permits and a plan are filed for such a project. What is up with the intersection at Highline and Curry? If you are headed South on Curry and approach the intesection you HAVE to creep up past the stop sign and line to see oncoming traffic from the west. This creates a horrible traffic hazard as folks making a left turn from eastbound HIghline onto Curry often cut the corner quickly. If you are headed west on Highline and turn right onto Curry you face a tight corner and then a swerve. From any direction, the intersection at Highline and Curry is an accident waiting to happen. Has anyone else noticed this?
About 80 people attended last night's meeting of the Mountain Meadows CSD to confront the board about the recently proposed doubling of road maintenance fees from $200 per year to $400 per year. I was one of them and was impressed by the attendance and participation.
Here's what we learned: 1. RECENT SPENDING ON ROADS. The board has spent $272,000 in recent months to bring in all that base rock we've been seeing dumped on the dirt roads in the district. Supposedly it will be spread 4-6 inches thick on each dirt road and oiled at a later date because we've exhausted our funds for the next two years in bringing in the base cover. There are 27 miles of road and only one grader is doing all the spreading. The grader is in poor condition and we only have one operator. Doesn't make sense to me either. And what happens to the base rock if it's left ungraded and unoiled for more than a year? Seems something bad will happen. Anyone know how long it can sit out in lumps on the road? 2. FUTURE SPENDING ON ROADS. The board does not have an estimate for how much it will cost for all proposed road improvements for which it seeks the doubling of fees. I don't know about you, but I know when I plan a project I start with a budget so things don't get out of hand. It is absolutely ridiculous that the board called this special meeting and was unable to tell us what the increase was for or itemize out what the expenditures would be. Having already spent more than a quarter of a million dollars on base material alone, shouldn't they have this figured out yet? 3. THE MATH. There are 735 lots in Mountain Meadows. Each lot is currently assessed $200 per year for the CSD. This comes right out of our taxes. That makes $147,000 per year right now. Multiply that by two and under the proposed increase the CSD would get $294,000 per year. The board did not specify what it would do with those funds other than "improve the roads". What happens when all the road work is done? Will it cost nearly $300,000 per year to maintain them? What has happened to the $147,000 per year in the past 40 years? Most participants last night said they hadn't seen much work done in the past and were curious about where the money has gone. 4. PETITION SUBMITTED TO REORGANIZE??? A group of property owners submitted a petition of some sort and were rambling about the board being unlawful in that it must have five members while it only has three. I did not see the petition but heard it had only 33 names on it. They referenced Civil Code Section 61000 (a non-existent section). Today I realized they were referring to Government Code Section 61000 et seq., which governs Community Service Districts. There was some argument between the board and owners about the propriety and/or validity of the petition but it was getting late and loud and I kind of glossed over that discussion. Still, I looked up the pertinent code section, Govt. Code 61028, and doubt anyone has followed the protocol accordingly. You can check it out too if you'd like by clicking here. Like I said, I didn't see the petition. If anyone has a copy, please fax it to me at 823-9492 as I'd like to see what's up. 5. HEATED COMMENTS. There were a lot of heated exchanges during the meeting. The board was not answering questions and people were not articulating their questions so it caused some frustration on both sides. A lot of comments and criticisms were regarding past problems. I believe much of the frustration resulted from the board mishandling this matter and not stepping up and admitting it and offering to redo things. It is a learning process for everyone but these people are elected to represent our interests and they haven't. The board member who ran the meeting was unprofessional and dismissive of many concerns of property owners and someone else should have taken control (i.e. the other two board members who sat silently) when he started belittling people and giving knee-jerk responses. He was unprepared and that's what caused a lot of the frustration. Don't call a meeting on something you are not ready to respond to questions about. Likewise, don't come to a meeting to discuss other topics and rehash old rivalries. 6. PERMANENT ROAD CREW? Not sure many folks caught this at the beginning, but the prospect of hiring permanent, full-time employees to act as a road crew was thrown out by a board member. This idea seems preposterous. The CSD has purchased old, used, and worn out equipment that will not last. It should contract out road maintenance and services as needed so that proper equipment is used by trained professionals that will be on the hook for worker's comp, keeping things up to code, and maintaining the place. Employees will add expense, confusion, and problems. 7. NO QUORUM SO WHO CARES? The board could not confirm how many ballots it received from the property owners. One board member did not understand what a quorum is. If you look at the code section, the board needed a quorum of property owners (more than 50%) to respond to the ballots. Of that quorum, they needed a majority to say yes in order to pass the doubling of the fees. Looking at the stack of ballots, it was nowhere near the 369 responses that would be required to even bother tallying the votes. That makes the whole proposal a moot point. I discussed this with the board after the meeting and advised that the ballot was confusing as it was combined with a letter that said the initiative was already approved by the board and that many people did not receive ballots. I suggested the redo the ballot and explain it better (many people thought it was a one time increase). I even offered to help draft something clear. Their response was that they didn't have the money to do it. 8. FEES MAY INCREASE BY 20% NEXT YEAR REGARDLESS. Under the Civil Code the CSD can increase the assessment by 20% per year without property owner approval. Based on comments by the board members it looks like they will do this to raise revenue for the money they've already spent on the base material. Of course, we're already in debt beyond what is allowable without property owner approval and we don't have the funds to oil and compact all that base material so it could be years before the materials already purchased (on a promissory note, no doubt) are paid for. The CSD cannot continue to incur debt at this rate and even a 20% increase ($40 x 735 = $29,400) will have a nominal effect on the $272,000 already on the books. Economics 101 tells us this is bad business practice. Other issues were discussed and lots of confusing statements made. One of the problems is that community members do not attend meetings or exercise their rights. Perhaps this recent meeting will get more property owners involved in the CSD so we can make better decisions in the future. Right now it looks like we spent two years' worth of funds on a bunch of rubble. But I predict many attendees will grumble for a few days and then go back to their busy lives. Hopefully they won't and we can somehow band together and figure out what needs to be done (recall election? disbanding the CSD? formal audit?). Whew, that was a lot.
Did anyone local attend this weekend's Earthdance event?
We stopped by on Saturday night and were disappointed to see fewer people there than at the Octoberfest and fewer cars than were at Cattleman's. By the time we arrived they were no longer taking tickets and just asking for a donation if you wanted to stay. Especially unfortunate was that the band that was playing when we arrived was quite good but only a few chilled folks were even watching the performance. Factors that may have contributed to the low turnout in my opinion include a lack of local promotion (only heard about it in The Loop and through contacts at Old West Ranch), high ticket price ($50 for weekend without camping, $100 with camping - but no water, showers or amenities), distance from LA, other activities going on the same weekend, not being able to have a bonfire or central source of heat, and a competing major Earthdance in northern California. It's sad because it would be nice to have such an event here annually. Based on what I saw I doubt Earthdance can afford to come back.
I was walking past City Hall the other day and saw the new motorcycle for our police department and wondered how prudent such a purchase is.
With our weather it seems the motorcycle will be useless 1/2 the year and with the streets and lack of traffic within city limits it seems the need for such a vehicle is not there. Anyone understand this phenomenon?
About a month ago I posted about the Mountain Meadows CSD sending notice to property owners that the annual road fee was doubling, here is the link to that post.
Looks like the Mountain Meadows CSD checked into the code sections and realized they needed a vote of property owners to approve such an increase because I got a letter with a ballot to vote on the increase this week. Unfortunately, they only sent me one ballot for my three parcels. Funny because they sent me three notices about the increase last month. Not sure if I make copies and vote three times or what. Also unfortunate is the fact that the letter says ballots are due by September 19, 2007 - the very same evening they are holding a "public meeting" about the fee increase - presumably after ballots are due. Seems kind of silly to hold a public meeting about something after the voting has closed - after all what good is a political debate the morning after the election??? In light of this, I encourage all the Mountain Meadows property owners to vote Nay on the ballots due by Sept. 19, send them in in a timely manner, then attend the meeting for more info. The CSD can always re-issue the ballots after they tell us what they plan to do with the extra $200,000 plus the doubling of the fees will do. Some things to consider when you're voting: 1. The CSD can, once a year without a property owner vote, increase the fees by 20%. At $200 per year, they could increase by $40 this year. At $400 per year starting next year they could increase by $80 per year every year. This could get out of control quickly as each year they could increase it more without property owner approval. 2. Many of the proposed road improvements are one-time big expenses, like the paving of Dennison. We could agreed to a temporary increase of $200 per year per parcel for 5 years, then revert back to the old $200 per year fee or agree to reassess in a few years once the big improvements are made. An across the board, permanent increase is scary, especially given the power of the CSD to increase it each year thereafter by 20%. 3. There is a county code that says if we bring our roads up to county standards and turn them over to them, the county has to maintain them. Since the vehicle code applies to our private roads, no one monitors or enforces who is one them, and the sheriff patrols them, what do we have to lose by bringing them up to code and turning the maintenance over to them? This way our road maintenance could be eliminated almost entirely - at least for the main roads. 4. What about floating a bond to pay for the road improvements? I don't know much about how this works but think we could figure it out. 5. What about grants for development of rural CSDs? 6. Bear Valley Springs CSD, which supports a golf course, full time security, a lake, paved roads, and many other amenities, collects about $1100 per year from its property owners. Seems like if they can do all that for less than three times the proposed amount for Mountain Meadows' road fees we should be able to figure something out that is not permanent - or get a golf course too!!! Note that I am not against the road improvements and know it will only increase our property values. I just want to make sure all options and implications are considered before we allow something that we don't quite understand to take place. Either way, please send your ballots in on time and attend the meeting if you have an interest!!! |