Columns: Tehachapi News

Pen In Hand

A vibrant and eye-catching mural celebrating the 100th anniversary of the cement plant at Monolith has recently been completed in downtown Tehachapi, causing motorists on F Street to slow down and admire it as they drive by.

Painted by well-known muralist Art Mortimer with the assistance of several local artists, the large installation covers most of the south wall of the St. Vincent de Paul building on the corner of F and Green Streets.

The mural features a dozen different images from Monolith’s past, from its earliest days in 1908 manufacturing cement for use in the Los Angeles Aqueduct to the plant modernization project in 1990. The resulting collage spreads across the building like a tastefully done page from a giant scrapbook.

Newer residents may regard the plant as a distant curiosity, its towering infrastructure illuminated at night like a strange amusement park. But for longtime residents, Monolith looms large in our consciousness. The plant was the major employer here for about 75 years and thousands of families over the decades depended on Monolith paychecks.

There was once a thriving townsite across the road from the plant (it is depicted on the mural) and some older residents living in Tehachapi today attended school at Monolith Elementary before going to high school in town.

Also included on the mural is an image of the Monolith Store, which was a popular stopping place for gas and groceries and was the only business east of town between here and Mojave. It was owned and operated for many years by the colorful Ed Tompkins, who was basically the Mayor of Monolith. The store persisted until 1971 and its closing rang the final knell for the now-vanished community of Monolith.
The company itself has undergone a few name changes, from Monolith Portland Cement Company in 1921 to Calaveras Cement Co. in 1989 to the present Lehigh Southwest Cement Company beginning in 1995. Lehigh donated $10,000 towards the cost of the mural.

“We were glad that we could contribute,” said Lehigh accounting manager Duana Frerichs Pera, a Tehachapi girl whose grandfather helped build the silos at Monolith in the 1930s. “It’s not about the company, it was done to honor the workers,” she emphasized, “Main Street has done a fantastic job and everyone here at Lehigh is excited.”

Monolith is known for the dedication and hard work of its employees — many don’t retire until they have labored over 40 years in the east end of our valley, making cement used in concrete projects large and small, from the Los Angeles Coliseum to Tehachapi sidewalks, from bridges and roads to the foundations of tens of thousands of homes.

With a plant that operates to some extent around the clock, every day of the year and has always paid good wages, Monolith has historically offered stable employment and a better life for those without much education and even to those with limited English skills.

Many neatly-kept older homes in Tehachapi belong to working class people of Hispanic descent whose families were supported by a wage earner at Monolith. To honor that heritage, an image on the mural depicts members of the Ursua family at one of the Safety Picnics the company once provided for workers and their families. A number of Tehachapi Indian men have also been on the payroll at Monolith over the years.

It is not a job without risk: over the years men have died in quarry accidents and electrocutions and truck crashes and been killed or maimed in machinery. Even with the plant automation in 1990 that reduced the workforce from 450 employees down to 125, working at Monolith (the site continues to be known as Monolith, even though the parent company name changes) can still be a demanding job that is not for the weak or idle.

A large celebration is being planned to dedicate this new mural, which is the eighth in a series of historical murals in downtown Tehachapi presented by the Tehachapi Historical Murals Committee and Main Street Tehachapi. A portion of F Street will be closed for the dedication which will be held on Saturday, September 13 and will feature guest speakers, music from the Tehachapi Pops Orchestra and refreshments and food. All interested people are encouraged to attend, with a special invitation extended to past and present Monolith, Calaveras and Lehigh employees.

Muralist Art Mortimer was assisted by additional artists Terry Asher, Lyn Bennett, Allyson Gray, Caitlin Johnson and Alicia Shabra. Dylan Welch and other scouts from Troop 136 performed the prep work to get the building ready for the mural project, using sandblasting equipment generously loaned by Sunbelt Rentals of Palmdale.

Have a good week.

Mail From the Mayor: Our City Government

An important job of the City Manager and staff is to identify and apply for funding available from a myriad of channels for various improvements and projects. Under our system of State and County funding, some of our income and property tax dollars are only available for specific types of projects. For example, Community Development Block Grants (CDBG) provide funding for improvements to low and medium income neighborhoods. We have used these for such projects as Pioneer Park, curbs and gutters throughout the city, landscaping at the entrance to Ashe Village and drainage improvements to North Green Street.

Cal-Trans and our local Kern Council of Governments (Kern-COG) also provide grants which must be used for specific purposes, such as for bike paths, streetscape enhancements and road-building. We can't use the money for anything else than what the grant specifies. In the last couple of years, we have been awarded nearly $3 million in these grants. This is the money that is funding the bike path down Valley Blvd., the extension of Challenger Way to Dennison in Capitol Hills, and further improvements to our downtown streetscapes.

Most of these grants do not even require matching funds. All we need is a good plan for the use of the money. For the County grants, the money is pooled from our taxes and spread around to the various cities by Kern-COG. If we don't apply for our share, it's like giving our money away to another city. This is also where it is an advantage to have one of our City Council members rise to the position of president of Kern-COG through longevity on the Council and the COG.

Another important and confusing source of City funding is the Redevelopment Agency (RDA). I'll leave this one for a future column.

Legal Eaze

Q: I sold my car to a guy on a Friday night. He wrecked the car two days later and called me for help. He was driving it without insurance and title had not transferred over to him yet. He gave all of my information to the person who hit him. I agreed to help him by making a claim with my own insurance company to help him fix the car. The car was considered a total loss. Now this guy is suing me for his loss. How can I prepare myself for the Small Claims Court hearing?

A: If you were still insured at the time of the incident and there is a claim/lawsuit against you, you should submit the claim/lawsuit to your own insurance company. One of the important duties of an insurance company is to defend their insured in a legal action where their insured and his/her driver are likely to be liable. Otherwise, you may want to consult with a civil litigator long before the hearing, since following some of his/her suggestions may take some time to put into place.

Q: While fighting a custody battle with my ex-wife, I was accused of numerous allegations such as child abuse, spousal abuse, philanderer, etc. While reading a section of California Civil Law, I read that by law, no one is allowed to defame another without evidence. Since no evidence was offered, do I have a civil lawsuit against the Superior Court since the Judge and clerks did not stop her from saying all these lies?

A. It is highly unlikely that you would be successful in such lawsuit. Judges are absolutely immune from suit for acts or omissions committed in their judicial capacity. As for the clerks in the courthouse, they have no power to stop a person from saying whatever he/she wants in the courtroom or courthouse.

Q: I found finger and/or toenail clippings in my Del Monte chili. What can I do?

A. Throw it away and never buy Del Monte products again. Or call Del Monte company and complain. They'll probably send you a flat of Del Monte chili cans to replace the first one. Go back to the store where you bought and demand your money back. If you are thinking “Who can I sue to get damages?” you will have to prove what damages you suffered as a result of this find. If you did not suffer extensively from “gag-eritis”, it is unlikely that your lawsuit would be successful.

Maxine de Villefranche has been an attorney for 15 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at 825-8880 or e-mail your questions or comments to http://www.generalaw.com She will answer your questions to the best of her abilities.

A Memo from the City Manager

Redevelopment Agency (RDA) projects provide substantial benefit to cities, especially small communities, by utilizing tax increment funding to improve infrastructure, generate in-fill development rather than sprawl, improve blighted areas, generate economic development, and encourage reinvestment in our community. Specifically in Tehachapi, redevelopment funds have been used for ongoing downtown improvement projects, including the BeeKay Theatre, Pioneer Park, Historic Train Depot, downtown signage grants, and airport improvements to name just a few.

At a press conference on Aug. 22, Governor Arnold Schwarzenegger released his latest budget proposal. While this proposal does not include taking local government and transportation funding, it still proposes a significant shift of redevelopment agency funding from local to state control. Clearly, if the State chooses to take redevelopment funding, it will have a significant impact on our community.
Below is an excerpt of the letter sent by the City of Tehachapi to Governor Schwarzenegger's office:

“The City of Tehachapi relies on its redevelopment agency to provide much needed infrastructure improvements, downtown revitalization, and in-fill development. The redevelopment funds in question have provided significant improvements to our small community… These funds are generated locally and they should remain local.
Please consider our position and the position of so many other California cities and redevelopment agencies prior to embarking on any path that would take money from local agencies.”

We encourage citizens to call the Governor and their State Legislators to oppose this measure.

As always, if you have any questions, concerns or suggestions for this column, please contact me at 822-2200, ext. 105, or at ggarrett@tehachapicityhall.com.

Letter to Gov. Schwarzenegger

This is my second letter to Gov. Schwarzenegger in as many weeks. First, I would like to acknowledge and thank the governor for his administration's belief that taking money from local government and transportation funding is irresponsible. This is an appreciated first step in crafting the new State budget. Unfortunately, his most recent budget proposal still includes taking money from local redevelopment agencies.

This short-sighted solution will damage economic development, slow in-fill and sustainable development, and eliminate jobs. It is with this in mind that I strongly suggest that the State balance its budget with State revenues and expenditure reductions. The City of Tehachapi is adamantly opposed to the State's proposed take of redevelopment funds.

The City of Tehachapi relies on its redevelopment agency to provide much needed infrastructure improvements, downtown revitalization, and in-fill development. The redevelopment funds in question have provided significant improvements to our small community. They have created business opportunities and new jobs. They are generated locally and they should remain local.

Please consider our position and the position of so many other California cities and redevelopment agencies prior to embarking on any path that would take money from local agencies. If the State is certain that it can use local money in a more appropriate way than the redevelopment agencies, it may be worth considering eliminating redevelopment agencies all together. I sincerely hope that is not the case.

— Greg Garrett
City Manager
City of Tehachapi

The Spirit of Tehachapi: Pat Gracey’s sweet book of local stories

People who love Tehachapi, rejoice: my friend Pat Gracey has just written and compiled a delightful book entitled Spirit of Tehachapi, which is filled with personal accounts and recollections of earlier times in our mountain home.

“This is not a literary gem, it’s a little collection of remembrances,” Pat told me modestly. “I just wanted to preserve the stories of life growing up in our little town of Tehachapi.”

Her self-published book is easy and wonderful reading for longtime Tehachapi residents and newcomers alike. If you want to understand this area and its people better, read these informal but informative stories from residents who didn’t just read about local history, they lived it.

Pat, who was raised in Tehachapi and was known as Patty Davis before she married Doyle Gracey, was one of four children of Chauncey and Maude Davis. From age 11 onward she lived in the historic Davis home, the stately yellow 1880 house located on the southwest corner of Curry and F Street, which is now owned and beautifully maintained by Pat’s niece Gerry and her husband Al Stark.

Pat’s experience in writing about Tehachapi goes way back — she was the editor of the 1946 Tomahawk, the Tehachapi High School annual (now commonly called “yearbook”).

Her graduating class at THS consisted of 20 seniors, only 16 of whom were present on graduation day. Classmates Dick Johnson and Frank Barrera had already gone into military service and Hugh Vasquez went later.

“The Marine Corp base in Mojave was operating at that time and it was taking its toll on local girls,” Pat remembers with a laugh, as Tehachapi girls became military wives. Pat herself married Doyle, a Marine who has been stationed in Mojave, when he came back to Tehachapi to live because he’d become acquainted with locals during his assignment to Mojave.

“With such a small class, we really were like a family at Tehachapi High,” Pat remembers. “Each year when school started the girls would be asking ‘Are there any new boys!!??’ because there weren’t many choices for dating. We were sad when we graduated because we knew we weren’t going to be seeing each other any more. And our entire class never was together again, though of course some of us still live here in Tehachapi.”

Pat will be discussing her recollections and her book when she is the featured guest at Honoring Our Elders: History in the First-Person on September 18 at Mama Hillybeans coffee house on Tehachapi Boulevard.

In this series, sponsored by Mama Hillybeans and Tehachapi 101, I interview interesting local seniors who share their memories and insights into Tehachapi.

The event starts at 7 p.m. and Pat will have copies of her book for sale and will be autographing them. They are also available at The Apple Shed and at the Tehachapi Museum.

If you’re at all interested in Tehachapi and its earlier days, before the circus came to town, you will want to own a copy of Spirit of Tehachapi, and I know several of my out-of-town family members who will be getting copies for Christmas. Thanks for collecting and recounting these great stories, Pat.

Have a good week.

A Memo from the City Manager

A city council meeting is one of the most important forms of communication that exists between people and their local municipal government. This public forum of thought and dialogue is essential to understanding the needs, wants and wishes of residents and the abilities of the city council and staff to act upon those requests and conduct other city-related business.
The Council's foremost job is to set policy and direct City Staff on current and future projects, events, and monetary issues. Members of the audience routinely use this platform to discuss city-related topics and are encouraged to do so. The council's focus may shift to the latest crisis or most controversial news item, which, while it provides an “interesting” meeting, is sometimes not the most productive method of solving problems. Rather, this venue can be most beneficial when commonality is formed and people join together to find a resolution.
Balance is created by the effective interchange of ideas and values. Therefore, it is also necessary to share stories of triumph and success, such as the recent Relay for Life Walk/Run and the Senior Citizens Center's continued meal program. A positive working relationship is essential to this community's progress, and relevance, in a global environment.
The City of Tehachapi City Council meets the 1st and 3rd Mondays of the month at 6:00 p.m. at the Kern County Veterans Hall on East “F” Street.
As always, if you have any questions, concerns or suggestions for this column, please contact me at (661) 822-2200, ext. 105, or at ggarrett@tehachapicityhall.com.

Public Health Clinics for August

The Kern County Department of Public Health offers a variety of community clinics on a monthly basis to assist all County residents in ensuring good health and promoting wellness. Fees vary for each clinic, and most clinics accept Medi-Cal, Family Pact or sliding scale payments.
Family Planning:
Helps families plan the number, timing, and spacing of children. In order to assist individuals with making these important decisions, education is provided about all methods of birth control. Appointments are required.
Pregnancy Screening: Early pregnancy detection, as early as two days after a missed menstrual period, enables an expectant mother to provide the best environment for her baby. Women who think they may be pregnant should see their physician or attend one of the Pregnancy Screening Clinics. Fees are waived for clients referred by the Department of Human Services for pregnancy verification.
Family Planning Clinics for August
Clinics by appointment only
9:00 a.m. - 4:00 p.m., Wednesday, August 6, Kern County Dept. Of Public Health, 125 East F Street, 822-3005.
Immunizations:
Immunizations are a beneficial part of preventive health care and are available for adults as well as children. All school entry vaccinations are available. A parent or legal guardian must accompany persons under 18 years of age. Please remember to bring your child's immunization record (yellow card) to the clinic. No one will be denied service due to inability to pay.
9:00 a.m. - 11:00 a.m. and 1:00 p.m. - 3:00 p.m., Monday, August 11,
Veteran's Hall, 125 East F St., 822-3005.

Child Health:
Provides health exams and screening for children to detect and correct health problems early in life. Available services include physical examinations, immunizations, laboratory tests for lead poisoning and anemia, vision and hearing screening, nutritional assessments, and health education. Child Health Clinics require an appointment.
Bakersfield: 8:15 - 12 noon, Thursday, August 7; Friday, August 8; Thursday, August 21; and Friday, August 22; Kern County Dept. of Public Health, 1800 Mt. Vernon Ave., 868-0502.
Preventive Health Care for Adults:
Wellness for Californians 50+: This program provides health screenings and medication reviews for adults 50 and over. These screenings are performed by qualified Public Health Nurses and are available at various senior centers, and senior housing throughout the county by appointment. The focus of this program is prevention by providing free comprehensive health screenings. PHCA does not take the place of an individual's primary care physician. The screening can help identify health problems early, find needed health care services, promote preventive health practices, and encourage individuals to stay as healthy as possible. The screenings also include applicable health and medical education/information along with ensuring that individuals are referred for any necessary follow up if indicated. Wednesday, August 13, Tehachapi Senior Center, 500 East “F” St., Tehachapi
Sexually Transmitted Infection:
Kern County ranks #2 and #5 for chlamydia and gonorrhea rates, respectively, in California. The majority of chlamydia infections are asymptomatic and go undetected and untreated. The clinic cost is $13.00. Family PACT and Medi-Cal will be accepted for payment. Services are available at the Bakersfield office, 1800 Mt. Vernon Avenue, 8:00 a.m. - 4:00 p.m. Walk-in spaces are accepted or call 868-0503 for an appointment. Services are also offered in the Ridgecrest district office. Call (760) 375-5157 for an appointment. HIV-antibody testing is also offered at multiple locations throughout the County.
Bakersfield: 8:00 a.m. - 5:30 p.m., Monday - Thursday, and 8:00 a.m. - 4:30 p.m., Friday, Kern County Dept. of Public Health, 1800 Mt. Vernon Ave., 868-0503.

Savvy Senior

Dear Savvy Senior
I recently read that there are a variety of vaccinations that can help protect seniors. Can you tell me what they are and what Medicare pays for?
Booster Bob
Dear Bob
Most people think that vaccinations are just for kids, but adults, especially seniors, need their shots too. Here's what you should know.
Roll Up Your Sleeve
Outside of eating a healthy diet, regular exercise, not smoking and routine health screenings, the best way to prevent illness and stay healthy as you age is to keep up with your vaccinations. But far too few seniors are taking advantage of these important vaccines - usually because they either aren't aware of them, they are afraid to get them or they don't have the funds to pay for them. Here is a list of the different vaccines seniors need, and how they work with Medicare.
• Flu (influenza) vaccine: This is the one vaccination seniors are pretty good about getting - 69 percent get an annual shot. While it's recommended that almost everyone should get a flu shot every fall, it's especially important for seniors age 65 and older because they are at high risk for complications. Medicare Part B pays for flu shots but if you're not covered, there are plenty of places that offer them for free. To locate a vaccination site call your county health department or the CDC information line at 800-232-4636, or visit www.flucliniclocator.org <http://www.flucliniclocator.org/> starting in September. (Note: people who are allergic to eggs, latex, who have a history of Guillain-Barré syndrome, or who've had a severe reaction to a flu shot in the past should not get a flu shot without consulting their doctor first. And people who are ill with a fever should wait to get vaccinated until their symptoms pass.)
• Pneumococcal (pneumonia) vaccine: Pneumonia causes around 60,000 deaths in the U.S. each year, many of which could be prevented by this vaccine. Everyone age 65 or older should get this one-time vaccination, and for those covered under Medicare Part B, it's free.
• Shingles vaccine: Recommended for everyone age 60 and older. So far, only about 2 percent of seniors have received this vaccine since it became available in 2006. Shingles is a painful, blistering skin rash that affects more than a million Americans each year. While this vaccine isn't perfect, it does cut your risk of getting it in half, and if you do get it you'll have a much milder case. Medicare pays for this vaccine only if you have a Part D prescription drug plan. If you aren't covered you can expect to pay between $150 and $250 for the shot.
• Tetanus-diphtheria-pertussis (Tdap) vaccine: The CDC recommends a combined tetanus, diphtheria and pertussis (whooping cough) vaccine for all adults aged 64 or younger whose last tetanus-diphtheria booster shot was at least 10 years ago. Whooping cough, the CDC warns, is making a comeback in seniors because childhood vaccinations (if you had one) have worn off. However, if you are 65 or older, get a tetanus-diphtheria (Td) booster shot instead of the 3-in-1 Tdap vaccine. Neither vaccine is covered by Medicare, but typically costs under $75.
Savvy Tips:
Other vaccinations may be recommended depending on where you live, your health, lifestyle and if you plan to travel internationally. To learn more about vaccines for adults and identify which ones you need visit www.cdc.gov/vaccines <http://www.cdc.gov/vaccines> - click on “For Specific Groups of People,” and take their adult quiz. The Mayo Clinic also offers a list of vaccines on their Web site (www.mayoclinic.com/health/vaccines/ID00016 <http://www.mayoclinic.com/health/vaccines/ID00016> ) that explains what you should get and when you should get it. And as always, be sure to talk to your doctor about your findings.
Send your senior questions to: Savvy Senior, P.O. Box 5443, Norman, OK 73070, or visit www.savvysenior.org. Jim Miller is a contributor to the NBC Today show and author of “The Savvy Senior” book.

Pen In Hand, California Buckwheat

Sometimes the most commonplace things are so widespread and familiar that they become invisible, no longer noticed because they are seen every day. This is true of California Buckwheat, one of the most widespread little shrubs in the Tehachapi area.
An almost pure stand of California Buckwheat covers the entire slope on your right as you take the Tucker Road exit off westbound Highway 58, but few local residents could name a location where California Buckwheat can be found growing. And yet there are several thousand plants blanketing the northeast road-cut all along the offramp.
Practically all Tehachapi residents have used this offramp many times, but most simply do not notice this extensive colony of California Buckwheat (Eriogonum fasciculatum). It is worth a few minutes time to become more acquainted with this interesting and useful plant.
The wild buckwheats, whose genus is Eriogonum, are supremely adapted to the state’s often arid climate and can thrive in California’s “lands of little rain.” There are more than 200 species and subspecies of Eriogonum in California, making them the largest genus of dicot plants in the Golden State. Likewise, with 37 species and 9 subspecies of wild buckwheat found in Kern County’s 8,172 square miles, Eriogonum is the best-represented genus in our county as well.
Wild buckwheats are extremely drought-tolerant and different species bloom in spring, summer and fall. There are even a number of species growing in the desert, a place the local Nüwa (Kawaiisu) Indian people call the tava-skwep teep — “the sun-dried land.”
Most buckwheat flowers are white or cream-colored, though there are some species that are noted for their striking yellow flowers. California Buckwheat has clusters of tiny ivory blossoms with pink accents inside the flowers. These rounded pompom-like flower heads dry into a beautiful rusty-reddish color, which makes them popular for use in dried flower arrangements.
The foliage on California Buckwheat consists of many short very narrow leaves that resemble that of Common Rosemary, though buckwheat leaves are a distinctive olive-green. The stems of these long-lived perennials are tough and woody and like many species of buckwheat they are often segmented.
The Nüwa word for California Buckwheat is Sagwi’av and the sharpened stems were used for ear-piercing. The seeds of many species of buckwheat were gathered and used for food, either raw, roasted or crushed and mixed with water.
Perhaps the biggest fans of California Buckwheat are nectar-feeding insects, especially domestic honeybees. Throughout the Mountain West, California Buckwheat is the main wild source of nectar for honeybees. Every area has a primary wild nectar source, such as tupelo in the South, sweet clover throughout the Midwest, etc., and in the drier areas of the West it is wild buckwheat that draws beekeepers and their bees.
The honey that bees produce from California Buckwheat is exceptional: thick, fragrant and flavorful with a deep golden honey color. You can even smell buckwheat nectar as the bees bring it in.
I have stood next to the late great Tehachapi beekeeper Pete Sanders at his apiary on Cherry Lane, watching as busy worker bees from healthy hives arrived heavily-laden with buckwheat, their hind ends noticeably tilted downward from the rich honey they carried (“tail-draggers,” Pete called them).
“You smell the buckwheat on ‘em?” Pete would ask, smiling in his bib overalls, a handsome man well into his 80s. “Those bees are working hard, for sure,” he’d add. “Would you believe they could fill a 70-pound super with buckwheat honey in under a week? And that’s about the best kinda honey there is.”
Germans are great lovers of honey and have a large beekeeping industry, but for years some German customers still had a standing order with the Sioux Bee Honey Cooperative for all the buckwheat honey they could obtain.
Though California Buckwheat manages to bloom nearly every year, extreme drought conditions reduce the available nectar and some years there isn’t much available. This is why buckwheat honey may be more expensive than more common, paler types like orange or clover honey which are made from irrigated crops that bloom predictably every year.
California Buckwheat grows throughout the Tehachapi area, especially on hillsides and in light soils where other plants finding growing conditions difficult or impossible.
Eriogonum is often used to stabilize slopes to prevent erosion after excavation, and there is a broad band of California Buckwheat on the western slope overlooking lower Brite Valley as a result of re-seeding following a pipeline project — one of four major pipelines that run through the Tehachapi region.
Beautiful, hardy, resilient, fragrant and a great source of premium honey, California Buckwheat is one of our most important shrubs. Spare a thought for these remarkable plants the next time you exit Highway 58 at Tucker Road and whizz past thousands of them.
Have a good week.

Legal Eaze

Q: Does my prenuptial agreement need to address the “commingling of assets”?
A: The commingling of assets usually will signify a forfeiture of the protection afforded in the prenuptial agreement with regards to the particular assets that have been commingled. Once commingled, it will be difficult to separate these assets from the rest. Typically, the parties commingle because their intent is to share the entire value of the commingled assets. A prenuptial agreement can certainly address such subject, but it might be a waste of paper to do so, not to mention a waste of the time and energy it takes to draft the paragraph addressing the issue.
Q: MSA: what is it? Must I go to Court to deal with it?
A: An MSA stands for “Marital Settlement Agreement”. It is a document that enumerates all the issues the parties are in agreement with, regarding their dissolution of marriage. Typically, if drafted by an attorney, it will address every issue that pertains to the parties' divorce, including child custody and visitation, child and spousal support, division of assets and debts, division of retirement benefits, division of business interests, if any, and all other issues that usually arise in the course of a dissolution of marriage. If properly drafted, the parties usually do not have to go to Court in order for the Court to process the Judgment and ancillary papers. This is usually the best way to resolve all issues relating to a divorce (aka dissolution of marriage).
Q. What is a limited Non-durable Power of Attorney for Minor (Child/children) care?
A. Typically, it is an authorization by the natural parents or the parties who are usually liable for the care of the child/dren to appoint an agent or agents to care for the child/dren during their absence from the country or their unavailability for any other reason. Such authorization can include, and is not limited to, the right to consent to any necessary medical or dental treatment, or non-medical decisions required for the personal care of the child/dren and every act performed by the agent(s) is ratified by the parent(s) of the child/dren. Such limited power of attorney is granted for the duration of the parents' absence from the country.

Maxine de Villefranche has been an attorney for 15 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail at maxinedev@msn.com. She will answer your questions to the best of her abilities.

Oak stem galls used for the blackest dye imaginable

Wherever oak trees are growing in the Tehachapi area, you can find oak stem galls, the odd circular growths that the trees produce in response to tiny wasp larvae chewing on their twigs. Stem galls range is size from as small as a shooter marble to as large as a goose egg, with a hard outer shell and a lightweight pithy interior that feels like insulating foam.
Oak galls may seem to have no practical use, but Native Americans learned to use them to produce the blackest dye imaginable for coloring natural fibers for basketmaking.
This is surprising because the galls themselves are not even black — they are pale greenish when they are being formed and then turn a light cinnamon brown when the chewing irritant stops, either because the wasp larvae successfully morphed into an adult and flew away or became prey for a woodpecker, insect predator or parasite.
The dried-out galls, sometimes known colloquially as “oak apples,” may remain on the trees for several season, since they are so lightweight that gravity exerts little pull on them. When they do fall, galls usually mingle with old leaves, acorns, twigs and other tree debris and slowly decompose, returning the nutrients they contain into the soil.
When these dried galls are gathered, crushed and mixed with water, however, the resulting liquid is as black as tar and forms an effective dye.
Chemehuevi Indian basketmaker Weegie Claw and her mother Lila have been in Tehachapi for several weeks while Weegie teaches basketmaking to locals. While here they have been gathering willow, deergrass, juncus and other native materials for making baskets and they also made black dye from local oak galls.
First they pounded the galls in a pa-haz (stone grinding hole) to break them into powder and small pieces. The featherweight galls break up very easily. The pounded gall material was then placed in an old rusted iron pot with water. Apparently the rust serves as a mordant to help “set” the dye and make it more permanent.
The transformation is amazing: an hour after you add the light brown or sand-colored pieces of gall into the water, the mixture still looks clear and the dyeing process seems unlikely. By the next day, however, the entire mixture is densely and thoroughly black, as are plant fibers immersed in the dark brew.
Weegie and Lila dyed devil’s claw, willow and juncus, which is a green rush found growing in meadows and damp areas (and which will be the topic of a future column).
Apparently the galls are rich in tannins, as are other parts of oak trees, including leaves, bark and acorns. It is the tannins, or tannic acid, which must be leached from acorns before they are palatable.
Even the term “tanning” to refer to the preservation of animal hides for leather came from oaks: Woodland Indian tribes are believed to have invented the process when they soaked deer hides in old hollow oak stumps that had filled with rainwater, creating a dark tannin-laced soup that permanently preserved the leather.
The use of oak galls as a potent dye is just another example of the resourcefulness of Native Americans and their ability to make the most of the materials available to them.
In the hands of skilled basketmakers, materials dyed with oak galls are woven into objects of lasting beauty and usefulness.
And all that is the end result of a small wasp whose own agenda presumably does not include assisting basketmakers in dyeing their plant fibers.
Have a good week.

Savvy Senior

Dear Savvy Senior,
Can a person in their early 50's have osteoporosis? When I broke my wrist last month the doctor that treated me told me the fracture may be a result of osteoporosis. Is this possible, and if so, what can I do about it?
Bony Brenda

Dear Brenda,
For years, osteoporosis has been considered a disease that affects only the elderly, but the fact is more than half of all Americans over age 50 are at risk. Here's what you should know.
Osteoporosis is a bone-thinning disease often called the “silent disease” because most people don't know they have it until they break a bone. In the United States today, around 10 million people age 50 and older already have osteoporosis, while another 34 million have osteopenia - which means they are at risk of developing it. But the good news is osteoporosis is both preventable and treatable.
Are You at Risk?
Most people, by the time they reach their late 30's, gradually start losing some of their bone mass, but for women menopause is the time when this process really accelerates. Bone loss for men occurs much more slowly. However, by age 75, osteoporosis is as common in men as it is in women. (Tip: check your personal risk at www.yourdiseaserisk.com - click on “osteoporosis”). Here are the factors that increase your risk:
• Gender: Women are four times more likely than men of developing osteoporosis.
• Age: Women over age 50 and men over 65 are at greatest risk, and it increases with age.
• Ethnicity: Caucasian and Asian women.
• Body size: People who are very thin or small-boned.
• Family history: Osteoporosis runs in families.
• Hormones: Low estrogen levels due to missing menstrual periods or too early menopause - before age 45.
• Low calcium: A lifetime diet low in calcium and vitamin D.
• Eating disorders: A history of anorexia or bulimia.
• Medications: Certain drugs including glucocorticoids (steroids) which are used to control diseases such as arthritis and asthma; some anti-seizure medications; blood thinners; some diuretics; some antidepressants; antacids that contain aluminum; proton pump inhibitors; some medicines that treat endometriosis; some cancer drugs; and too much thyroid hormone for an underactive thyroid. (Note: If you're taking any of these medicines, talk to your doctor about what can be done to protect your bones.)
• Sedentary lifestyle: Inactivity weakens bones.
• Smoking: It robs your bones of calcium and lowers your estrogen levels.
• Alcohol: More than two drinks a day can interfere with your body's ability to absorb calcium.
Boning Up:
It's never too late to help your bones (see www.nof.org). A good first step in preventing and treating osteoporosis is to get screened. For women, that should start around menopause (if you're not taking estrogen), or for anyone who has broken a bone after age 50 or has other risk factors. All women over 65 and men over 70 should be tested every two years (for women it's covered by Medicare). Screening for osteoporosis is a simple, painless, bone density test which takes about five minutes. Here are some lifestyle changes that can help you protect your bones.
• Boost your calcium: Those over age 50 should get over 1,200 milligrams of calcium daily. The best source is calcium-rich foods such as dairy products (low-fat milk, cheeses and yogurt), fortified orange juice, broccoli, sardines, salmon, fortified cereals, almonds and soybeans. If you can't get enough calcium through your diet, talk to your doctor about taking a supplement.
• Take vitamin D: Your body needs vitamin D to absorb all that calcium. Everyone over 50 should take a daily vitamin that contains at least 400 IU (international units) of vitamin D (600 IU after age 70).
• Exercise: At any age, weight-bearing exercises such as walking, stair climbing, dancing and strength training with weights or resistant bands three or four times a week can significantly improve your bone health.
• Other tips: Don't smoke, don't drink more than one alcoholic drink per day and limit your caffeine intake to two or three cups of coffee, tea or caffeinated soda a day.
Treatment:
If you have been diagnosed with osteoporosis, there a variety of medications available today that can slow or stop its progress including a new once-a-year treatment called Reclast (see reclast.com). Your doctor can help determine which drug is appropriate for your particular case.
Send your senior questions to: Savvy Senior, P.O. Box 5443, Norman, OK 73070, or visit www.savvysenior.org. Jim Miller is a contributor to the NBC Today show and author of “The Savvy Senior” book.

Tehachapi Emergency Service

In 1969 Dr. Vincent Troy was the only physician practicing in Tehachapi. He provided 24 hour coverage for the emergency room plus working full time in his office. That meant leaving home, or office, or getting out of bed anytime day or night and driving to the hospital for every emergency that presented at the hospital. That was a Herculean effort by anyone’s measure. At the time he told me he had not left Tehachapi in the previous five years.
In 1969 I had an office in Mojave. Dr. Troy asked me to join him in his office. We agreed to alternate weeks covering the emergency room calls, which would lessen his load in covering the Tehachapi emergency room, and I could still be of service to residents in Mojave.
Shortly after that Dr. Bryan Hiebert, a surgeon who had returned from Viet Nam and was working at California Correction Institution, joined the group and we were able to spread the coverage of the emergency room for each physician to one week out of three. Our group took care of emergencies at no cost to the Tehachapi Hospital. Our reimbursement was what patients or their insurance could pay and like all emergency service there were many who needed medical help at a time when they could not afford to pay.
The patient load in the emergency room continued to increase to the point that our group of three physicians could no longer cover the emergency room and still keep up with our heavy office patient load. So in the early 80’s the hospital was impelled to hire physicians to cover the emergency at night from 8 p.m. until 8 a.m. Our group of three continued to provide daytime coverage in the emergency room. During the 80’s other physicians were attracted to Tehachapi and were pressed into the rotation covering the emergency room calls for the ever increasing number of emergencies coming into our hospital. In the early 90’s the hospital took the next step and hired physicians to cover 24 hours a day, 7 days a week.
Tehachapi Hospital which is classified as Stand-by Emergency Service, has logged between 900 to 1,100 patient visits to the emergency room each month during the past year. The number of emergency patients is expected to increase dramatically in the future, but will the hospital be ready to handle the load?
In 1983 the Health Facilities Seismic Safety Act of 1983 was passed. It stated that after January 1, 2008, any general acute hospital building that is determined to pose a potential risk of collapse can be used only for non-acute care.
Tehachapi Hospital fell into that potential risk category, but was saved by Senate Bill 1661, passed in September 2006, that amended Section 130060 of the Health and Safety Code to allow the Office of Statewide Health Planning and Development (OSHPD) to give a five year extension of that January 1, 2008, deadline to January 1, 2013.
As most of you already know, the voters of the Tehachapi Hospital District passed a bond issue, Measure J, in March of 2004 to raise 15 million to build a new hospital. Land for the new hospital was donated by the Broome Family and the deed was recorded in December 2007. Plans for the 66,000 square foot hospital were drawn up and passed the code requirements of OSHPD in January 2008. However, on review the plans were deemed to be inadequate, too expensive, and too complicated and were scrapped in June of this year.
Where do we go from here?
The money from Measure J bonds that have been sold and the accumulated interest now amounts to over 14 million and is in a trust account. There is an additional 2.4 million that will be offered for sale as soon as it is needed for construction expenses.
With the average statewide cost of hospital construction at about $740/square foot, how can you construct a hospital with only 15+ million? At today’s prices the 15 million would only build a hospital of around 22,000 square feet. The size of a building to totally replace our present facility would need to be at least 70,000 square feet, and would cost at today’s price about $51,800,000 in construction cost alone. The hope is that we will be able to sign a contract with a reliable group that will design and build an acute care hospital for Tehachapi, but as of now we do not have enough money.
Here is the dilemma we face:
1. Do we ask you the district voters to approve another bond issue to make up the extra money that is needed to construct a 70,000 square foot hospital? Physician capability is limited by the tools that are available. The tools are the laboratory, x-ray department, surgery suite, delivery room, hospital beds and the infrastructure needed to make it function. There is no guarantee that if we build they will come, but it is for sure that without an adequate facility our options are limited.
2. Do we try to borrow enough money to build a 70,000 square foot hospital? When our operational income with grants and donations provides us with only a razor thin margin of profit, is this a viable selection?
3. Could we design a master plan to replace buildings that are a potential risk and do it in a phased, step-wise manner as funds become available? Until recently there wasn’t even a remote consideration and even now will need further study to see if it has any merit.
Senate Bill 306 passed on October 13, 2007, Amends Section 129765 of the Health and Safety Code and adds Section 130061.5 relating to health facilities.
If I read Senate Bill 306 right, it would authorize certain hospital owners who do not have the financial capacity to comply by January 1, 2013, to instead replace those buildings by January 1, 2020, by filing a declaration to that effect by January 1, 2009.
This provision is only for a narrow target of health care facilities that are essential providers in an underserved community and one that lacks the financial capacity to retrofit an SPC-1 building, such as our present hospital, by 2013.
With an approved master plan for compliance, OSHPD could authorize a phased submission and review agreement with the hospital governing authority for replacement of a building or buildings of SPC-1 category with SPC-5 buildings.
I suppose the question that needs to be answered is do we qualify as that underserved community?

A Memo from the City Manager

Summer is in full swing and there are many exciting events shaping up in the coming months. Of course, the Chamber of Commerce's Annual Mountain Festival will take place the third weekend in August and this is an exciting time for family and friends to visit Tehachapi. Several will be returning home and many will see the remnants of our historic depot for the first time.
The City continues to receive an outpouring of community support for the depot, both monetarily and emotionally. The depot will be rebuilt and the grounds and museum will be completed, hopefully in time for the City's centennial celebration next year. There are many steps to the completion process, including assessing property and material damage for insurance purposes. Also, the investigation is ongoing and continues to be managed by the District Attorney's office in Bakersfield.
Several non-profit groups have stepped forward and the Friends of the Tehachapi Depot, Tehachapi Heritage League and Main Street Tehachapi will focus on fundraising efforts. In fact, Main Street Tehachapi is planning an evening dance Mountain Festival weekend, with proceeds from the Moonlight Express Gala benefiting the depot's completion efforts.
As always, if you have any questions, concerns or suggestions for this column, please contact me at (661) 822-2200, ext. 105, or at ggarrett@tehachapicityhall.com.

Pen In Hand

I recently happened upon one of the most beautiful wildflowers I’ve ever found growing in the Tehachapi area. For the first time ever, I encountered a tall plant whose waxy flowers featured curving yellowish-orange petals accented with maroon spots. Growing in a meadowy area of Blackburn Canyon in the Old West Ranch, this was a single specimen of a plant known as a Sierra Lily (Lilium kellyanum).
Sierra Lilies are generally found from 6,000 feet and higher in the Sierra Nevada mountains and nowhere are they abundant. The great botanist/rancher Ernest Twisselman had heard a couple of reports of this plant being found in Kern County, but during his nine years of collecting every plant species within Kern’s 8,000 square miles, he was unable to find a single example.
I’m not sure how this lone plant came to be growing in Blackburn Canyon, but it’s been there for years since it was flowering, and Sierra and other wild lilies can take 5-7 years of growth before they bloom for the first time.
Plants are often divided into two groups: dicots and monocots. The dicots, which have a pair of initial seed leaves that appear when the plant germinates, are by far the larger group and includes most familiar plants. The monocots, on the other hand, have a single leaf that appears and includes the grasses, rushes, sedges, horsetails, lilies and a few others.
Meadows are one of the few areas where monocots tend to dominate, and the meadow where this gorgeous lily was growing included extensive stands of Deergrass, Common Rush, Nut Sedge and other grass-like monocots.
I plan on returning to this Sierra Lily, which is also known as Kelly’s Sierra Lily or Sierra Tiger Lily, to collect some seed in the hopes of propagating this particular specimen. Lilies are slow to mature, as I mentioned earlier, but once they get established they form a perennial bulb and can grow for decades. Apparently Sierra Lilies were once more common but have been depleted by grazing practices and collection by gardeners who first started digging up the bulbs in the late 1800s.
If I can get some young ones to grow from this Tehachapi specimen it would be satisfying to make them available both for planting in the wild to increase their numbers and for local native garden enthusiasts.
Numerous California Mule Deer fawns have been appearing in the Tehachapi area over the past few weeks with their spotted coats, oversized ears and delicate pointed hooves. Most will outgrow the little fawn stage but it is a very vulnerable and dangerous time for them.
Mark and Diana Ricker and their girls found an injured fawn at their house last week and my brother and I tried to assist it but it was too badly injured (it suffered a punctured lung) and it was humanely euthanized by a compassionate vet at the Tehachapi Veterinary Hospital.
Just a reminder: seeing a fawn by itself does not necessarily mean that it has been abandoned — an attentive mother is often waiting and watching from a concealed location, and you should resist the urge to intervene unless you are positive that the doe is not coming back.
Summer is firmly established in Tehachapi now with our typical “highs in the 80s, lows in the 60s” weather pattern, though last week’s little heat wave did push temperatures into the 90s and even over 100 in some of our microclimates. Wildfire is a clear and present danger for the next few months and I urge all residents to be especially careful and to think about fire safety whenever you’re in the wildlands — which for many locals is just outside their door.
Have a good week.