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NO THEY DIDN'T SAY THAT !
Researched Responses to Published Statements Made by Tehachapi City Officials.
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TEHACHAPI SYMPHONIC CHORUS AND ORCHESTRA CONCERT THIS SUNDAY.
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The RECENT construction of ANOTHER fire department -- at Pinion and Curry Streets -- you know the one -- with the large white tents over much of the construction -- is just sitting there -- flapping in the wind, idle and unoccupied.   That aesthetic edifice adds to the property values doesn't it?

My research indicates that Tehachapi City Officials -- who should have read the applicable codes for compliance BEFORE the fact -- didn't take the time to read until AFTER the fact.  The compliance codes expressly state that ANOTHER fire department SHALL NOT BE CONSTRUCTED -- ("shall" and "must" is mandatory language and "may" is permissive language when interpreting Codes) -- NEAR AN EXISTING fire department -- UNLESS (except) the NEW construction is AT LEAST ONE MILE AWAY. 

The NEW construction at Pinion and Curry Streets is a "stone's throw" away from the EXISTING fire department at Valley Boulevard and Curry Street.  There's NO getting around the CODES.  It's statutory law and you apply the literal interpretation of statutes  In other words, do what it says you're to do -- there's no wiggle room.  I shouldn't be teaching the City Attorney and other learned City Officials how to read and interpret statutory law.  I'm sorry.  I'll save it for my students.

There was OBVIOUSLY the sophmoric belief that you've read it all, know it all, I don't need to READ, I'm omniscient, I'm omnipresent, I absorb through osmosis.  Sure you do, and pigs fly too.  I expect such academic oversight  from my students who're still in training -- not grown folks charged with LEADING City Government!  That's unconscionable and dereliction of duty for Three Million dollars.  Had televised council meetings been in place, this major fiasco could have at least been discovered by citizenry with learned, objective reasoning that could have "put the brakes" to the bonfire before it scorched the Tehachapi earth.  

That apparently means that occupancy of the new $Three Million Dollar fire department would be unlawful.  Hence, another example of City Tax Payers' dollars at work and why a $Three Milion Dollar construction is completely worthless.

What's a "bonfire"?  According to Webster's Unabridged Dictionary, it is" a large fire built in the open air, for warmth, entertainment or celebration, to burn leaves, garbage, etc." 

What's a "boondoggle"?  According to Webster's Unabridged Dictionary, it means "to do work of little or no practical value merely to keep or look busy".

This latest "boondoggle" is the best one yet !  -- that I've seen in 25 years here in Tehachapi.  The construction of the NEW $Three Million Dollar fire department is tantamount to taking $Three Million Dollars and putting a match to it and inviting everyone to the bonfire.   It's no earthly good because it's NOT "Code compliant".  With tongue in cheek:  It makes me feel warm and fuzzy just  thinking about the City Officials who had Tehachapi Residents' best interests in mind before spending $Three Million Dollars. I hope we're all invited to the bonfire. 

That's -- THREE  MMMMMMMMMM ILLION for the bonfire PLUS a continuing monthly salary for such paragons of wisdom.  Now, doesn't that make you feel all nice and warm and fuzzy inside beholding management of your City's dollars in one of its finest hours?   What do you think private industry would have done in this case of abject failure to perform?  What would you do with such an employee?  This failure to read before spending Three MILLION dollars happened at the TOP because someone would have resigned because of personal reasons otherwise.  Crazy?  Sure it is -- crazy as a fox.  My contracts teacher in law school made an unforgettable statement 20 years ago -- "If the result is askewed and you can't shed any daylight on it, follow the money and you'll get the answer."  Feel warm and fuzzy yet? 

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Topics: government, Tehachapi
posted by paralegal39years on Sunday, September 23, 2007 at 03:32 PM
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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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Topics: blogs, Tehachapi
posted by paralegal39years on Saturday, September 22, 2007 at 08:37 PM
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