Real Name: Barb Holmes-Reynolds Cell: (661)972-6767 Member Since: April 13, 2006 Last Signed In: November 18, 2007 Profile Views: 1408 Blog Views: 2953 TEHACHAPI SYMPHONIC CHORUS AND ORCHESTRA CONCERT THIS SUNDAY. FRAUD IS BEING PRACTICED ON YOU, IF YOU HEAR IT. You've Got LOCAL FOLKS To Help Tehachapi Residents With Estate Planning. Arab Saying: "Invite Them To Dinner -- But Tie Up Your Camel". TO BE "FOREWARNED" ABOUT THIS GROUP - IS TO BE "FOREARMED". I DON'T THINK THE SENIOR CENTER HAD ANY IDEA ABOUT THIS GROUP. Thank You Tehachapi News For A Great Means of Conversation With Everyone. Ever Noticed The $ ONE MILLION DOLLAR Star In The Street? JASON CAUDLE LOOKED SO HOT IN HIS NEW BLACK HUMMER ! Relevant Parts of The Brown Act That Govern City Council Meetings-Part 3 of 3 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 
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Term Limits
Tehachapi Councilwoman Deborah Hand was recently quoted -- in the Sept. 20, 2007 Edition of The Desert News' Article entitled "Wild Tehachapi Council Meeting" -- as stating: "Term Limits Are Anti-Democratic". That was not an opinion open for debate. That was a statement of Councilwoman Hand's belief -- with a period at the end of her statement; and with no supporting authority whatsoever to bottom a public statement at a public City Council Meeting where the Desert News Reporters of California City were in attendance. With all due respect, I don't think even Aristotle will agree with that statement, when he is quoted (by the Institute of Governmental Studies' Public Affairs Report of the University of California, Berkeley) as stating: “It is not enough to say a citizen is someone who lives in the city or has access to the courts of law, since these rights are open to resident aliens and even slaves." (emphasis added.) "Rather, ARISTOTLE SUGGESTS that A CITIZEN is someone WHO SHARES IN THE administration of justice and the HOLDING OF PUBLIC OFFICE. Aristotle then broadens this definition, which is limited to individuals in democracies, by stating that A CITIZEN IS ANYONE WHO IS ENTITLED TO SHARE IN DELIBERATIVE or judicial OFFICE.” (emphasis added.) "Though there were certain leaders concerned exclusively with the government of the city, all citizens were required to contribute in some way.
ASSEMBLIES OF CITIZENS made decisions in bodies whose modern equivalents are law courts and CITY COUNCILS, and THESE ASSEMBLIES WOULD ROTATE MEMBERSHIP SO THAT EVERY CITIZEN SERVED A SPECIFIC TERM." (emphasis added.) Hence, even Aristole saw THE WISDOM in term limits that promotes the interests of the Citizens -- not a single Citizen. Notwithstanding the fact that I am "lettered" in Political Science from UCLA, it was astounding, as a Citizen, to hear the Councilwoman make the statement -- as factual -- expect Tehachapi Residents then in attendance to accept such an unsupportable claim -- in the face of evidence to the contrary. I offer to Councilwoman Hand the following Legal Authority on the issue.
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LEGAL AUTHORITY FOR TERM LIMITS:
CALIFORNIA GOVERNMENT CODE, Section 36502 (b).
Councilmember, clerk or treasurer; qualifications; vacancy upon nonresidence; term limits; electoral approval
(b) "Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve."
Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision. Tehachapi HAS NEVER had term limits -- and you wonder why we still don't have city council meetings televised? Albert Einstein stated that "It's INSANITY to keep doing THE SAME THING over and over -- expecting a different result."
Based on Councilwoman Hand's claim that term limits "are anti-democratic", it's a foregone conclusion that the current City Council WILL NEVER ADOPT such a resolution under Government Code Section 36502(b). This comment was an "excited utterance" by Councilwoman Hand; who saw the issue of "term limits" as an immediate threat to her position and her position alone. Term Limits -- you would have thought somebody said the "N" Word at the last council meeting. BANISH THE THOUGHT of any discussion of "term limits", the councilwoman could essentially be heard stating. With all due respect, who died and made her queen? I can almost hear Councilwoman Hand saying: "I at least want to remain in power for 16 years -- as long as Phil Smith"! Hence, the only response to a clear BELIEF SYSTEM of Councilwoman Hand (and presumably others on the Council for the past 16 years) is A Voter Referendum. Aristotle and the California Legislators who enacted the California Government Code -- can't all be anti-democratic. Councilwoman Hand, with all due respect, you may be the lone man out on this unsupported claim. Au contraire, "term limits" is democracy at its best. Please Read the foregoing comments from persons whose comments are "timeless" and legally supported Councilwoman Hand. The "Word Is" that Councilwoman Hand and Councilman Smith never want to see the new Tehachapi Hospital built in Capitol Heights (over by the Post Office), nor see the City Hall and Community Amphitheater built in Capitol Heights, notwithstanding that Tower Investments is ready to start construction. Tower has agreed to build out NOW the new City Hall, the new Tehachapi Hospital, the new Medical Office buildings, the new multi-purpose Community Amphitheater (where Tehachapi's Symphonic Chorus And Orchestra could perform, where Tehachapi's Drama Club could perform instead of the lunchroom, & where Head-Liner Groups would generate $$$$. .
Do we want some semblance of CULTURAL ARTS to assist to lead Tehachapi forward -- or do we continue the downward spiral that created the recent drug-related-homicide at Walgreen's this past week? This offer of immediate construction by Tower Investments is in exchange for a 30 year lease and everything built to Tehachapi Residents' specifications. Come to the October 8th City Council Meeting and observe the presentation by Tower Investments on this topic. Why the strenuous objections by Councilwoman Hand and Councilman Smith to where the new construction of City Hall takes place? It's not rocket science. They want to see the construction occur over by the Fire Station -- with enough parking for about two cars. Oh, the residents will just love the added congestion. Whose kidding who?
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With all due respect, BOTH Councilmembers should recuse themselves from any discussion in the manner because Councilwoman Hand's BUSINESS is currently just across the street from the Current City Hall and would be just around the corner from where SHE'S PUSHING that the new City Hall and Amphi-Theater be constructed; and Councilman Smith resides just around the corner as well. They wouldn't have personal agenda not factoring in the utilitarian purpose of what's in the best interests of The City would they?
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Word is: If the new City Hall and Community Center were constructed in the Capitol Heights area by Holiday Inn, you'd at least have the post office parking lot after hours to absorb some of the additional parking for the Amphi-theater where performing arts will take place, seminars, and sports activities -- on the order of Rabobank Arena in Bakersfield. We could easily construct for 750 to 1,000 attendees to events at the Community Amphi-theater. Not to mention the free publicity of building signage to be viewable by freeway passersby on Highway 58. (Where's the freeway viewing by literally tens of thousands of daily passersby -- across from the Fire Station? Duh ! )
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Don't even talk about the WORLD's largest wind energy farm coming into Tehachapi and the families that will come as well needing hotel rooms, entertainment and medical facilities so they can spend their dollars IN TEHACHAPI. Bet their families would love to stay at the Holiday Inn and new hotel scheduled for construction by Tower Investments and enjoy the entertainment at the Community Amphi-Theater -- that the Tehachapi Symphonic Chorus and Orchestra, The Tehachapi High Drama Club, Head-Liner Singers, Group Performers and sports activities would afford. That's at least $50 a head at the Amphi-Theater (that would seat 750 to 1,000); and $100 to $150 per hotel room. Figure the numbers and then go figure why a FEW councilmembers are ANTI-GROWTH on the ONLY SITUS with room to grow -- THAT MAKES SENSE for the New City Hall, Hospital, Community Amphi-Theater, etc. -- sorta like "ANTI-DEMOCRATIC" wouldn't you say?
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Come to the October 8th City Council Meeting and hear more about this and you're bound to be in for another "Wild Tehachapi Council Meeting" as quoted by the Desert News Reporters.
35 comments from 16 users
posted by
jimr
on Sep 23, 2007 at 05:42 AM
Thank you Paralegal, for your insightful, professional and well reasoned comment on the Hand/Smith Term Limits issue. You did what they should have, but failed to do. You presented facts backed up by well documented proof as support. The citizens of Tehachapi have been accused of apathy because of such small attendance at the Council meetings and their failure to speak out on items of concern to them. I hope that will change and they will all become involved because decisions made by this Council affects everyone who lives within the greater Tehachapi area, whether they live IN the City, or not. Such decisions affect us all and will affect us for many years and generations to come. With her thoughtless public utterances Hand has revealed herself to be not only anti-government, but anti Consitution. The First Amnedment states, in part...."the right of the people peacably to assemble, and to petition the government for a redress of grievances." If this is also "undemocratic" in her opinion, I suggest she resign her postion and move to another country whose laws are more in line with hers! The Capitol Hills site for the hospital and new Civic Center is logical and for all the reasons you stated. Only with overwhelming citizen support can this happen because it is contrary to the interest of Hand and Smith. Yes, because of their personal interest agenda's they should be recused from voting on this matter. I know that Beckham is on the side of the Capitol Hills site but where do Vernon and Grimes stand? Let that be known. If they vote against it, the public should know exactly WHY and what research and documentation can they produce to support a negative vote? The people of Tehachapi need to stand up in righteous indignation and become the force they are supposed to be...The Citizen Legislature! And, one more thing. What is the position of the Tehachapi News? Are they afraid of writing an Editorial on this? Are they not also a part of Tehachapi? Jim Richards posted by
medicone
on Sep 23, 2007 at 10:08 AM
Hand needs to think before she opens her mouth. If she can! This is not the 1st time she has said something so dumb. It is time for her to go. We need term limits at all levels of government. One of the reasons we don't have people running for office is because they think they will not be able to beat a guy that has been in place for 20 years.
posted by
teresr
on Sep 23, 2007 at 03:11 PM
That guy that has been in place for 20 years also made a rather arrogant statement at the council meeting. He stated, "We already have term limits. If people don't want you in office they don't vote for you." Smith said this in such a tone that he truly believes no one can beat him in a race. He is apathetic about his job and I also read something disturbing on the blogs the other day. One writer said, "At least Smith is moving things forward in the City." I would like to know how she came by that statement because I never see him doing anything. It is Beckham that pushed to, among other things, shut down the city fire department to stop the bleed of money on this $3 Million DISASTER and to get the new city hall and community center going over in Capital Hills. When Beckham went into office, Smith and Hand mostly, were still wringing their hands about Wells School as they have been doing for the past three years. It took Beckham exactly three months in office to determine that the City would never be able to obtain Wells School because under the law several other entities would have the option to buy the school property first, EVEN IF the school district decided to sell. All the while, instead of moving forward, Phil Smith was whining that he wanted the school because, "...he went to that school as a child." Vernon and Grimes sure haven't done anything constructive lately either. If ANYONE out there wants to take a shot at Smith in November 2010, I'll be willing to talk with them about directing their campaign. This guy can't continue to sit on his laurels anymore. Tehachapi is on the cusp of going from a sleepy little town to a large town and we need people on the council with vision and forsight who are living in the present, not the past, and who want to and are willing to WORK as this job, because it is a FULL TIME job. Come on folks, there has to be someone willing to take this on. If not, you have the government that you deserve.
posted by
paralegal39years
on Sep 23, 2007 at 05:20 PM
Great analysis. Smith is truly in a time warp that bears no resemblance to modern reality. Who gives a rip that he went to Wells. That's reason enough to purchase the building. Is he truly that out of sync with reality? The question is academic. I think the current old guard in the council are running out of excuses to justify their existence. Smith's comments along with Hand's was over the top in self-serving comments to disregard the need for term limits. I'm considering the run to keep things balance on the council and to the flower child goes pound sand somewhere else. By the way, I'll keep your wife in my prayers as she protects this Nation and the family she dearly loves. She's a grand lady in more ways than one.
posted by
THSpride
on Sep 23, 2007 at 09:57 PM
What would be a good term limit for a city council member? Why don't we vote on a Mayor? How does one become Mayor of Tehachapi?
posted by
rm6
on Sep 23, 2007 at 10:33 PM
I think the mayor is appointed by the city council.
posted by
Xcite
on Sep 23, 2007 at 10:38 PM
what about term limits for the City Manager
posted by
countygirl
on Sep 26, 2007 at 09:24 AM
This is the first time I've heard of this Tower Investments. I'd like to learn more. I think Capital Hills would be a great place for all of these things. Honestly though the only thing I'm a little worried about is this mega amphitheater you speak of. I don't think we can support a Rabobank like arena and I actually wouldn't want one here. Don't get me wrong..... I would love to have a place where local groups could preform. My daughter just started dance and not having to drive to Lancaster and spend all day there for recitals would be wonderful! I just think a space that can hold up to 1,000 people isn't really necessary. This of course is my opinion and some may not agree. On the other hand if a company is willing to build our hospital(not sure if I understood that correctly) I say let them. A hospital is NOT a luxury that we can live without we NEED this hospital!! One last thought, I believe Hand.....or was it Smith? ....stated that one of the reasons they didn't want the City Hall in Capital Hills was because they didn't want to have to worry about waiting for trains. I find it interesting that a council member that LOVES serving this community and voted to spend money to restore our OLD train depot suddenly doesn't want to be reminded that we have trains here in Tehachapi. If they really don't like "dealing" with the trains there is a way around them....it's called a freeway!! posted by
ReddHerring
on Sep 26, 2007 at 11:38 PM
Someone should be asking about Beckham's relationship with Tower Investments and the number of homes (12,000?) they also plan to build along with the new civic center they have so generously offered to build and finance. They want to build it "over there" because they can use the highway as a traffic buffer, claiming less environmental impact on local roads = less community infrastructure dollars coming into the city with the mega-deal. And just how does Stan feel about a Casino coming to Tee-hyactch-a-pee? Doesn't anyone else find it odd that an elected official can't even correctly pronounce the name of his hometown correctly? It must be the non-indigenous Casino Tribe dialect.
posted by
countygirl
on Sep 27, 2007 at 11:22 AM
Thanks awsmom for the tip! Well I did check them out and I can't say I really liked what I saw. I have a bad feeling about this. One thing is that they've been really paying attention to the progress (or lack of) of our hospital. One thing I notice in one of their articles was that time was of the essence here and a hospital was desperately needed. Why do I get the feeling they are using the building of our hospital as a lure? Like they know we've hit a financial wall when it comes to the hospital so they've offered us a "package" deal in order for them to build it for us. Another thing that doesn't sit well with me is the fact that I HAVE heard rumblings of a casino here and this company HAS built them. I still think Capital Hills would be a great place for the civic center etc, but not if we are inviting development that we DO NOT want or DO NOT need! Boy, I wish I could get more info. I guess I'll have to go to the meeting! :)
posted by
countygirl
on Sep 27, 2007 at 12:51 PM
LOL! I think I have and I got NOTHING about me! HA! I don't exist. Fine by me.
posted by
jimr
on Sep 27, 2007 at 12:57 PM
"I don't agree with Mrs. Hand very often but I also don't want to see all five council members time out at the same time." Shane, all City Council seats do not expire at the same time. Check out the City Hall website and click on the Council button and you will see that Grimes and Hand are the only two whose current terms expire in Nov. '8. That's their 4 years "in the sun". I'm afraid we will be stuck with Smith and Vernon till Nov. 2010!!! Yikes!!! Jim Richards posted by
countygirl
on Sep 27, 2007 at 01:21 PM
Wait! I do exist, but only because of my profile here. That's all the info I've got. What can I say....I lead a very boring quiet life! LOL
posted by
madkow2747
on Sep 27, 2007 at 02:03 PM
OMG! I exist- in bulk! I googled one of my usernames and found every single message board posting I've written as well as every blog. Hmm, wonder if I can get rid of those... might be incriminating, lol!
posted by
oohchild
on Sep 27, 2007 at 02:55 PM
I love googling old friends & coworkers, just to see what they've been up to since we last were in touch. You're right, awsmom8, it's sometimes very troubling what you can find out about people through google! My real name is so common that when I google myself I find out I'm: a photographer, a news reporter, a lawyer, a doctor, and quite few more. As for actually finding me, no links to be found, yet. I googled my maiden name in images when that feature first was introduced, & the first picture to come up was of my paternal grandfather. It was a picture of him that I grew up with; it hung on the wall in our house until my father died. The attached article was written by the hospital he worked for in Hawaii before he died. It contained more info about him than my father had ever told me! I found out he was a pilot, & he rode in a submarine shortly after WWI to attend a war buddy's funeral. Quite a news item at the time, apparently... Sorry for derailing the thread, paralegal! |
