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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
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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
packerfan
on Sep 28, 2007 at 11:35 AM
The Love's truck stop is not a done deal yet. The Land Development Committee is meeting on October 9th to discuss the plans. I personally have several stipulations which include the truck spaces be equipped with electrical and refrigeration so that the trucks don't have to keep running while the driver sleeps and polluting the air. The other major one is NO LOT LIZARDS! If Love's has to keep full time security on staff, then so be it. As to the casino thing, again all I have heard is rumors like everyone else. I would advise soliciting your state and federal representatives and voicing your opinions. I will be. posted by
countygirl
on Sep 28, 2007 at 12:47 PM
Stan I also have only heard rumors about a casino, BUT I don't like it when little things start coming together and it looks bad!! I know I sound like a paranoid freak but here's the thing. Last month I was coming out of Albertson's when a couple asked me if I'd be interested in signing a petition against imminent domain.... THEN they asked If I'd be interested in signing something in favor of the development of Indian Gaming Casinos. When I asked where it was to be built he said, "HERE!" Fast forward a month...I find out that there is a company(Tower Investments) that owns massive amounts of land here that has also built casinos. You can see where that gets one thinking......like a paranoid freak! LOL Spam code [ CIRUS ] Made me think of circus! :) posted by
packerfan
on Sep 28, 2007 at 01:49 PM
I will certainly back your right to ask questions and to comment at the meeting. I just posted my thoughts on my own blog about the Capital Hills site verses the Shopping Mall site so we can quit hijacking Barb's thread. Take a look and please post your comments and questions. Stan posted by
editor
on Sep 28, 2007 at 02:07 PM
In response to jrmortensen, The Tehachapi News is always happy to cross-publish Letters to the Editor and other items submitted via this Web site, and it is already a regular practice — as long as the items meet our criteria for publication.
Since print space is not unlimited, our Letters to the Editor policy has a 300 word limit. We also require a full name and contact information to verify identity and the person's area of residence, since we reserve print space on our Opinion page for Tehachapi area residents and local issues of interest. For print, we also require that submissions adhere to the same policies as the terms of service for this Web site, including no personal attacks. —Editor posted by
jrmortensen
on Sep 28, 2007 at 02:38 PM
Attn: paralegal39years - Thanks for your scholarly post, but might I suggest that you condense it down and submit it as a letter to the Editor. It needs to get much broader readership than those using the blog. We need to expose the shallow thinking by some on the City Council. I think other recent blogs should also be letters to the Editor to bring greater general awareness to |