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NO THEY DIDN'T SAY THAT !
Researched Responses to Published Statements Made by Tehachapi City Officials.
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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 $$$$.  

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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.
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posted by paralegal39years on Saturday, September 22, 2007 at 08:37 PM
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posted by packerfan on Sep 27, 2007 at 05:50 PM

Yes I did have a plan for the Term Limits Shane and you are right about the council not discussing it.  They heard "Term Limits" and panicked.  The resolution would have allowed all council members to keep their seats until their terms expire, i.e., Phil Smith until 2010.  If at that time they had served 8 years their term would end.  If they had served 5 years they would have been allowed to run again and, if elected, serve another 4 years for a consecutive total of nine.

A council member could serve 8 years consecutively and a total of 12 years over a lifetime.  The details could have been worked out during discussion with the resolution amended as needed to accomodate everyone's sentiments.  But as I have found is typical, on our council the members just make statements and don't discuss anything in public as is proper and constructive for a council to do.

By no means would the entire council be new at any given time.  There would be continuation in government.  Also, if a council member was not able to serve out their full term, all former council members would be given 'first right of refusal' to serve out the remainder of that term to insure continuation in our city government.

Not as harsh as it sounds when 'reasonable people' are willing to discuss the issues.

Onward and upward!

Stan

posted by packerfan on Sep 27, 2007 at 06:14 PM

awsmom8 - There is no conspiracy theory here.  The council is "keeping you abreast by scheduling the special meeting on the 8th for the citizens of Tehachapi to discuss two possible sites for the new City Hall and Civic Center.  If the citizens don't like either one, then we work on something else to incorporate what they do like.  Yes...Tower Investments has made a presentation to the Land Development Committee and so has Empire Land, LLC. 

Everything is preliminary at this point but something needed to be developed so that we would be able to have something to show you folks.  Please note that the meeting on the 8th falls between the regular council meetings scheduled on the 1st and the 15th.

Lastly by your previous posting PARALEGAL is feeding you this conspiracy non-sense.  If so, she needs to rethink her campaign stratagy before she does serious damage to the citizens of Tehachapi.

 

 

posted by GregL on Sep 27, 2007 at 06:26 PM
Anyone who fears term limits in a small town like Tehachapi (or anywhere else really) is WAY too full of themselves!  I would love to hear an argument of why term limits would be a bad thing.  How can NOT having term limits be in the best interest of the community?  The answer is simple, it isn't!
posted by packerfan on Sep 27, 2007 at 07:03 PM

ReddHerring, I’m not going to waste much time on you. 

No I do not own any part of, or personally even know anyone that owns any part of, Tower Investments except through recent business meetings.  I do not own any land in that area.

I have heard rumors for years about Indian Casinos but I have seen none develop yet.  That is tribal reservation land and my understanding is that all approvals happen at the federal (Washington, DC) and the state level (Sacramento, CA).  The City may not have any say so in what happens.

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.

For your edification, I pronounce Tehachapi the way I do because those of us who have lived here the longest pronounce the word the way it is spelled.  Another reason is that old advertising signs around here spelled the word “T-hachapi”.  There was even an article about this in the paper a while back but, of course, you would have to be a regular reader and observant to pick that up.

By the way your last sentence sounds racially biased and that is why you aren’t worth the time of day.

posted by packerfan on Sep 27, 2007 at 08:14 PM

Scare tactics do a disservice to everyone.  I will make no secret that I am backing Capital Hills because for the money to be spent and the long term investment my business judgment tells me this is the best deal for the citizens of Tehachapi.

I don't know who started all of this nonsense about Tower Investments but my research has found that they own 1463 residential lots in Tehachapi, most off of Highline Road and some in Golden Hills.  NONE in Capital Hills and certainly not 12,000!

As for casinos they have built, there very few and they are all built in New York state.

By the way, Empire is the developer wanting to build the shopping center where JASON CAUDLE wants the new City Hall to be.  As usual Jason has a lack of vision for the future growth of Tehachapi.

I find that Tower Investments records are public and their Web site is informative.  What you should be worried about is Empire Land, LLC.  Try Googling them and see what you get.  Very little information.  They seem to be non-transparent, like Jason Caudle.

Barb, I apologize for getting off your thread about term limits.  I'll move all this stuff over to my blog.

Thanks so much, you are such a dear friend,

Stan

posted by packerfan on Sep 27, 2007 at 08:28 PM

awsmom8 - You have the bone.  I'm a bit paranoid too and I would love to get these projects out to the public sooner, but look what I have to work with.  Jason did his best to unethically sneak that $30,000 a year 'part-time' EOC job past the council and give it to his buddy Tim MacLaughlin.

Tower Investments owns the land and is willing to build the project for the city to the city's liking with no out-of-pocket expense to the city.  The city will then lease back the property for 30 years with a $1.00 buyout at the end. 

This is no free lunch of course and I will explain more in my blog.  I hope you will be reading it.  But otherwise I agree with you on no-bid contracts.  I don't like them.

Thanks for your time,

Stan

posted by LoriMorales on Sep 27, 2007 at 11:09 PM

I thought the "term limits being anti-democratic" statement was so ridiculous.  Doesn't our President have a term limit? 

And - I think Tehachapians should vote out these arrogant nincompoops.  I sooooo wish I could vote!  Jimr and Shane ...... please put your names up.  I'd do some campaigning for ya.

posted by countygirl on Sep 28, 2007 at 12:32 AM

Empire Companies is a business associate of Tower Investments. I looked up Empire Companies and found this in their future develpment plans ........

Empire Companies- Future Plans

In Kern County in central California--between Bakersfield and the Antelope Valley--lies the site of these two proposed master plans. Tehachapi One is aimed at entry-level buyers with 134 lots 7,300 square feet in size. Tehachapi Two will be home to second and third-time move-up buyers with more homes on much larger lots. Active parks and a senior community are part of the plans, as well. The area's lifestyle is growing more and more attractive to today's buyers with a small town atmosphere, tight knit community and the experience of all four seasons at its 4,000-foot altitude.

http://www.empirecos.com/AS...

Empire Companies is also assoiated with Presige homes.....they are building the homes off of Curry up past Pinion.

Company: Prestige Homes Principal: Paul Roman Prestige Homes, a business unit of Ontario, Calif.-based The Empire Companies, is building first-time homes with luxury amenities and increasing sales dramatically. Prestige found that by building in secondary markets, such as Tehachapi, Calif., they can offer buyers a luxury product at an affordable price. Tehachapi is located on the tip of the Sierra Nevada Mountain Range, about 40 minutes from Bakersfield. "Prestige Homes understands the need to ... fit the lifestyle of today’s homebuyer,” said Paul Roman, vice president for The Empire Companies. "At Alta Estates, we have developed more than just homes. We have developed a community, interconnected by a 3.5-acre park and paseo system.” In California and Arizona, affordability is an issue, and Prestige is confronting that by building a slightly smaller product. "So on our lower-priced home we’ll do things like a side-loaded three-car garage, and we’ll put in features normally seen in much more expensive homes, like granite countertops,” says Roman. Prestige is beginning what Roman calls the "Greening of our company” in California in its affordable homes. It’s starting a new community in south Corona, Calif., where every home will have solar panels, tank less water heaters and low-VOC paints. It’s a follow-up to a trend it started in Arizona with its Energy Star-certified homes in Flagstaff, for which the company received a U.S. EPA award for outstanding achievement. Homebuyers have the option of choosing Spanish, Craftsman or Tuscan exteriors, which are offered on all three floor plans. A 1,520-square-foot home at Alta Estates starts at $236,990. Note: According to the Greater Antelope Valley Economic Alliance-2007 Economic Roundtable Report, the affordability index of Tehachapi is 36 percent—however that is based on a 2006 median house price of $297,750. Prestige Homes and The Empire Companies came in with pre-model pricing at $229,000. I tried looking up some of their(Tower Investments) business assosiates..many of them are really hard to get info on. Here is the page with their current land listings in Tehachapi. http://www.towerinv.com/ind... 
posted by jimr on Sep 28, 2007 at 06:19 AM

Thanks for the offer Lori. (And anyone else who wishes to help.) I'll take you up on it. Shane and I are both now committed to stepping up to the plate and can use all the help we can get. I think one of the incumbents will be easy to beat (you know who SHE is) but the other one will be tougher. I have a list of all 3,265 registered voters in the City of Tehachapi and at the proper time they will all need to be contacted by mail and phone. I am NOT accepting any contributions for as much as one cent...from anyone! I am paying for everything out of my own pocket. (I'm just a working guy like everyone else.) I will need as many people to volunteer as I can possibly get. I want to be the Representative of ALL the people in the greater Tehachapi area and not just a chosen few or to address my own personal agenda. I will prove that at the special meeting of the Council on October 8Th. When I stand up to speak, you will know what I mean.

Please check out my website at: www.jim-richards-for-city-council.com

Underneath my handsome picture on the left (yeah, right!) are all the buttons. Please click on all of them and read them all. Before leaving the site, please click on Volunteer and fill out the info and I'll contact you at the appropriate time. We need to stick together now more than ever in order to protect our future. But, we have to do something positive to ensure that we will BE there!

Many thanks,

Jim Richards

 

posted by GregL on Sep 28, 2007 at 07:05 AM
Jim, I'm glad to hear you are running!  Unfortunately I am not a registered Tehachapi voter (yet!), but you do have my support, I think you will be a great addition to the council!  Good luck!  Same goes for Shane!
posted by jimr on Sep 28, 2007 at 07:26 AM

Thanks Greg. I appreciate the support and even if you do not live within the voting city limits, you probably know someone who does, so please alert them and ask everyone to check into my website and volunteer.

Thanks again,

Jim Richards

posted by packerfan on Sep 28, 2007 at 09:43 AM

awsmom8 and countygirl - you wound me.  Even though I dress and act like a hick most of the time and I was raised in Tehachapi for more years than I want to admit to, I have a lot of extensive business background.  After my first tour in Vietnam I went back to Vietnam and worked for a private company for awhile.  I then went to Los Angeles and spent many years working in liaison with the Federal Government for Lloyds Bank.  After I retired from that, I owned my own business in the LA area for many years then retired from that and moved back to Tehachapi to care for my mom and dad.

I'm no spring chicken and I have many years of negotiation, investigation, real estate, finance and business under my belt.  I've carefully looked at both Tower and Empire Land.  From what I gather Empire Land is a developer/builder subsidy of Tower.

Yes, I saw all the property that Tower owns, as a matter of fact one of the parcels is slated to be the new Loves truck stop off Stuber Rd.  The property that Tower owns in the Capital Hills area is all zoned commercial, not residential.  All of the property that Tower owns that is slated for residential totals the 1,463 homes discussed earlier.

More important - look at the list of developments that Tower has done in California.  They have mostly been City projects and sports stadiums.

Please keep my motto in mind, "Trust but verify!"  And, common, do you guys really trust Jason Caudle and his business judgment?  Remember he is the one that wants the City Hall in the middle of a shopping center.  And, whatever Jason wants is the way the council will vote unless the public stirs up enough of an outcry and demands something else.

posted by packerfan on Sep 28, 2007 at 10:32 AM

awsmom8 - Stan --better look again--I found on Tower Investments website they own:

Capital Hills-over 30 acres--some of it "available"  Our City hall project would take up a good portion of this property
The Summit -over 26 acres  This is where the new Loves Truck Stop is to be developed at Tehach Blvd & Monolith St.  About 15% of the land is zoned Residential Single Family,  about 10% is zoned Residential Mobile Homes, about 65% is zoned Industrial, about 5% is commercial and 5% is Commercial Overlay.
1423 Residential lots in Tehachapi  Yes, and there are the ranchettes in Golden Hills.  The point is all the "residential development" by Tower is not anywhere near Capital Hills.  And, there are no where near the "12,000" homes that someone mentioned.
Golden Hills - over 187 acres-  "good for ranchettes"
Curry-over 10 acres zoned commerical

Did Tower Investments mention this to the coucil---looks like they have a vested interest in Tehachapi,  and have been buying quite a bit of land  The City Manager aka Jason Caudle is well aware of Tower Investments holdings in Tehachapi.  Did you read the news articles you found?  In both instances Tower was doing its best to work with the parties involved.  Of course they want Capital Hills to be developed.  That is what Tower Investments does.  Does that make it a bad proposition for the Citizens of Tehachapi?  No.  As for the City Council knowing about this, I do not know how much they know.  According to the Article Mayor Phil Smith was involved with the City Mello-Roos bond deal and Tower made a good deal to the City by relieving them of the responsiblity of forclosing on the land in the event of a default.

Jason Caudle has tried his best to keep me in the dark about all business dealings, but I can and do go directly to the source if I need information because I remind the source that I am one of Jason's bosses and I repesnt the people.  That is where my information usually comes from.  Very little comes from Jason Caudle.

Gotta go do dishes now.  :-)

Stan

posted by countygirl on Sep 28, 2007 at 11:05 AM

Stan- My intention of posting that info wasn't because I don't believe or trust what you were saying. I'm sure you are very good at what you do.  I was simply putting the info out there and making it easier for fellow bloggers to see what we were talking about. Besides I like looking up things, gathering info, and learning more about what is going on in my town. It makes me feel like I actually have about this much [] control over what is happening here, but that is better than nothing. Like this truck stop you mentioned...never heard of it, and I hate the idea, but looks like it's a done deal, huh.  I just think the council has to be REALLY careful about all the development here in town. I feel like many people that have lived here a long time are either going to want to plain move out of town OR they will move to the outlying areas.....look out Bear Valley , Alpine Forest, Oak Knolls, etc. Still I know all this development makes me want to run for the hills. I can and will deal with all the new development if I have to because I grew up here and I love it, but I DO NOT want to be smack dab in the middle of it(IOW town) and dealing with it everyday. There are a few things though that I will never go along with and that is a Casino...if one of those comes I'm leaving and I know most of my family will to. I've already lived in a town that had a casino and it was HORRIBLE. The stories I could tell........

 

Anyway I guess what I was trying to say is I WAS only keeping your motto in mind, "Trust but verify!!" Verify, I did. =)

posted by packerfan on Sep 28, 2007 at 11:29 AM

countygirl - you are to be admired for thinking for yourself.  You are very bright and astute in your observations.  I am just concerned that the information that has been posted might be misinterpreted by most reading the blogs.  I was just kidding you about 'wounding me'.  I'm an old guy with a tough hide.  ;-))

But, I want you to know that I respect your opinions.  You make your statements clearly and I want everyone to feel free to ask me any questions.  If I haven't looked at something you've found, I want to look at it.  I may come back with a different perspective but that is what discussion is all about.

You've always been good to me and I wouldn't deliberately do anything to offend you.

Best regards,

Stan

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