Concerned homeowners seek documentation, clarification from city
Concerned homeowners seek documentation, clarification from city
By: Carin Enovijas
Description: City’s study of the environmental impacts of Lilac Ranch subdivision being questioned
Topics:
Posted by editor Tue Nov 30, 1999 00:00:00 PST
Viewed 1463 times
1 response 22 comments On May 23, the Anita Drive, Tehachapi, California Association of Concerned, Long-Term Homeowners, filed a request for public records with the city regarding the proposed Lilac Ranch development.
The group is requesting access to any information and records associated with the city’s environmental review, and the subsequent adoption of a negative declation by the city’s planning commission, for the proposed Lilac Ranch subdivision. The negative declaration precludes the necessity of a full environmental impact study.
The city council is scheduled to conduct an open hearing to determine approval of the housing tract project on June 5.
The Legacy Homes development plan consists of 84 single-family home lots to be built south of Anita Drive and adjacent to Dennison Road and Tehachapi High School.
“We want to know what’s going on, and we want to know the truth,” said Stanley Beckham, vice president of the citizen’s group. Beckham worked for Nunes Ranch, the original owner of the parcel, for approximately six years during the late 1950s and 1960s.
Beckham said he regularly observed or participated in the spraying of DDT and other harmful chemicals that were allegedly stored in underground tanks on the grounds of the ranch.
“DDT is like uranium,” said Beckham. “It’ll last for hundreds of years. We don’t want (to cause) a public panic, but if there is contamination, we’re left holding the bag.”
Former Tehachapi resident Dan Cronin provided the citizen’s group with a notarized declaration stating that he also worked for Nunes Ranch during that same time period. Cronin said workers regularly used large quantities of chemicals and pesticides, many of which are now illegal.
“There was a pumping station, similar to what you would see at a gas station,” Cronin said.
His declaration also expressed concerns that documentation regarding the removal of any tanks or the cleanup of any alleged chemical spillage has not been made available to the general public.
According to Tehachapi Community Development Director David James, the city’s study included specialists’ assessments concerning traffic flow, fresh air, water treatment, useage and drainage; as well as archaeological and historical preservation studies.
The council first received the proposal in January with no recommendation from the city planning commission due to a split vote among the four commissioners that were present for the vote.
In an interview previously published by the Tehachapi News, James said the developer met with approximately half of the area’s property owners, resulting in changes to the tentative map. The changes sent the proposal back to the planning commission for another vote, where it was approved by four of the five-member commission.
Beckham voiced concerns that the proposed development sits in a flood plain below the site of the Antelope Valley Dam, and that area residents are plagued with flooding and drainage problems.
“Most cities have culverts for drainage. In Tehachapi, we have water running down our streets,” said Beckham.
Nevertheless, James said that the tentative tract map includes provisions for water drainage, with sewer and storm drains. However, at this phase of the project, it is “rather conceptual,” adding that the final tract map would address all functional engineering details.
According to James, the request for public documentation will not affect the city council’s scheduled hearing on the matter.
The council is scheduled to take action on three items pertaining to the development:
(1) Approval of the tentative tract map. (2) Rezoning of the area from its current low density residential - R18, to medium density residential - RS. (3) Amendment of the current general plan to accommodate the zone change.
Legal representative for the citizen’s group, Barb Holmes-Reynolds, said she will enter an oral objection to the development and request clarification of the publication date of the negative declaration at the next council meeting, scheduled for June 5.
James confirmed that the negative declaration must be posted, published and circulated by mail, for review by area residents for 30 days before the city council can take action.
Holmes-Reynolds said the group is in dispute over the dates of publication, and denies that the negative declaration was properly circulated to area residents.
She said that if the council approves the project at the next meeting, the group will file a request for “cure or correction” regarding the date of publication, under the Brown Act.
The Brown Act protects citizens rights to participate and be informed about any meeting in which members “hear, discuss, or deliberate on matters within the agency's or board's jurisdiction.”
City officials report that the original declaration was posted, published and made available on Sept. 28, 2005.
“The clock starts with circulation, and stops when council acts on the final adoption of the plan,” James said.
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Sat Jun 3, 2006 21:36:05 PDT
Don't blame the city, they didn't expect to get caught. They were just "trying to improve the quality of life" for it's citizens.
Sun Jun 4, 2006 15:18:17 PDT
Let me set the record straight. I am the Spokesperson for the Anita Drive Residents and not their Legal Representative. That attorney will be referred to the Association at the opportune time, if need be. Albeit I took my undergraduate degree from UCLA in Political Science, and have nearly 40 years of combined law school and law office experience with 2 of the "Top-10" law firms in the Nation, I am not an attorney and NEVER REPRESENTED that I was and my WRITTEN DISCLAIMER to Stan Beckham states as much. Dave James is correct -- the clock starts to tick for the 30-day review period of the Negative Declaration after the Declaration IS CIRCULATED. Therein is the "sticking point" -- the requirement FOR NOTICE of the Negative Declaration is TRIPARTITE -- meaning three (3) requirements MUST BE SATISFIED before NOTICE requirements are satisfied. (MUST BE is mandatory language). The Negative Declaration MUST BE POSTED. It was. The Negative Declaration MUST BE PUBLISHED. It was. THE NEGATIVE MUST BE CIRCULATED TO RESIDENTS IN CLOSE PROXIMITY TO THE PROPOSED CONSTRUCTION SITE. It WAS NOT. Another point of clarification. IT WAS IMPOSSIBLE for the City Clerk's Office to have received any supporting documentation regarding THE MOST CONCERNING ISSUE OF ANITA DRIVE RESIDENTS -- the existence of Underground Storage Tanks (herein "USTs"). IT WAS IMPOSSIBLE for Dave James to have been privy to THE MOST CONCERNING ISSUE OF ANITA DRIVE RESIDENTS -- the USTs. IT WAS IMPOSSIBLE for the City Council to have been aware of SUPPORTING DOCUMENTATION of THE MOST CONCERNIG ISSUE OF ANITA DRIVE RESIDENTS -- the USTs. That's because THE DOCUMENTS NEVER EXISTED--according to the investigating Engineer. The Engineer who did the thorough study of the USTs stated that he personally contacted the Fire Department who advised him that the Kern County Environmental Health Services Department would have the records. When the Engineer went to the Environmental Health Services Department, the Engineer was advised that NO RECORDS HAD BEEN MAINTAINED about Nunes Ranch's use of USTs. The USTs were therefore UNREGULATED. That's not the City's fault about a matter of which they knew nothing substantiating -- of an official nature, hence they had no reason to expend taxpayer money -- to go no where. The few individuals who did come forward didn't quite get their point across. Hence, the City Clerk, nor Dave James, nor the Planning Commission nor the City Council had any official record to investigate in that regard. It's not the fault of City, because the City knew nothing about that which didn't exist. When the USTs were placed underground, knowledge of that fact and any potential business clean-up plan "went under the radar and remained under the radar" due to "small-town recordkeeping". Plain and simple. So culpability can't rest on any official nor anyone still living in Tehachapi. The Engineering Report that finally surfaced, states that in the expert's opinion, there is indicia of the USTs' existence. I hope to God they're "dry to the bone". But do we take that risk? Ruin the good reputation of Tehachapi? Depress the property values of long-term Anita Residents? Ruin the business ventures of Lilac Builders who are committed to Tehachapi and likely building in other areas as well? Of course not! There's too much at stake! I'm convinced to a certainty that if the City previously had personal knowledge and real evidence from any public agency that the USTs in fact existed, that matter would have been addressed because the absence of addressing it would then have made Tehachapi officials culpable by omission. It logically follows they would have otherwise acted. They never took the step because the records never existed upon which to base a concern. So when the USTs started to lose their structural integrity some 30-40 years after the fact (this is common knowledge concerning USTs) the prior owner simply ABANDONED the enterprise and ignored cleaning up. There has to be a preservation of the COMMUNITY GOODWILL between Anita Drive Residents, Lilac Ranch Builders, the City Clerk's Office, the City Planning Department and the City Council. Growth that is going to "put Tehachapi on the map" is going to occur. There simply needs to be a measured balance between that growth and the quality of life that everyone breathing came here for. As Dave James stated, the Initial Study and subsequent documentation are all thorough. However, The MISSING ISSUE is the one issue that Dave James nor anyone else ever knew about because NO RECORDS WERE MAINTAINED. However, those of us who frequented Nunes Ranch and bought the apple juice, the apple pies and had our young children in the pumpkin patch picking up pumpkins bigger than they were for Halloween -- we remember all the agriculture and the necessarily frequent use of chemicals and fuel to run such a prosperous enterprise. Hence, Dave James' reports COULD NEVER BE COMPLETE under any scenario, without the deciding issue of the USTs. There is not a resident of Tehachapi alive that doesn't want to embrace the Lilac Ranch Subdivision. Everybody is for growth -- it's the logical conclusion. However, a bullish approach by Public Servants to THE MOST CONCERNING ISSUE OF ALL is not an approach I believe Lilac Builders would take nor the rest of Tehachapi officials. You should be "the lone man out" on this position James. We're talking about a brief period of delay of adoption of the Negative Declaraton to allow the Engineer who conducted a report and therefore knows what he's looking for, to check and see if there are any volatility issues with ground gyration when Lilac starts building 96 homes, in the plain view of USTs' existence confirmed by the Engineer. We're not talking about the construction of A HOME. We're talking about 96 residences and the attendant ground movement and everything beneath it. This isn't rocket science -- nor Russian Roulette -- but is the single, solitary issue addressed NO WHERE JAMES -- NO WHERE -- and an Expert Engineer -- says it so. WELCOME LILAC RANCH BUILDERS, TO COOL TEMPERATURES, BLUE SKIES, SOME OF THE OLDEST GRAND OAKS IN THE STATE, GREAT GOLF, GREAT MOUNTAIN FESTIVALS, AND THE BEST SMALL TOWN IN AMERICA. WELCOME!
Tue Jun 6, 2006 10:56:52 PDT
This sounds like a "NIMBY" issue. Some folks who don't want something built near their home and so make an emotional and legal furor over it. I fully agree that we must be careful when we approve developments. The problem is, these folks rant and rave so much that they have lost their credibility. They may have a point, but I can’t hear it for the emotional rhetoric. By the way, the half life of DDT is 2-15 years in soil (averaging 8), 56 days in standing water and 28 days in running water.
Tue Jun 6, 2006 11:24:53 PDT
I feel sorry for these residents. The fact of the matter is it doesn't matter how hard you fight it the city will find a way for these homes to be built. They are already counting on the money they will get from these homes being built to fund some of their very "special projects" aka Tehachapi City Fire Dept. and Tehachapi City Police Dept. Kiss the Tehachapi you once loved good-bye. The city council is all about the green not about preserving our lifestyle or our quaint little town. They are killing Tehachapi. I hope they are proud of themselves.
Tue Jun 6, 2006 16:24:01 PDT
Ms. Vega, if Tehachapi City doesnt build anymore housing for the people who are moving here, where do you exacpt to live? Let me guess, in your appartment on Curry? The fact is, it isnt about the City needing to build more housing to make more money it is because if you havent already noticed this town continues to grow and we need more housing for the people who want to move here... Are you going to be on the new band wagon for stoping the development of housing also.. WOW if you are so tired of the City move into the Coounty and stop complaining about everyhting. It is funny to see you same 5 or 6 people on every blog complaining about every issue, if you hate it here so much and our City is so bad and you arent happy with anything the City does, than MOVE!!!!!
Tue Jun 6, 2006 16:41:51 PDT
Allforcity- The name is Mrs. Veiga. If you are going to address me do it properly. Now, as far as your question as to where are these people going to move. Oh, I don't know maybe into one of the 400+ homes for sale right now in the greater Tehachapi area. If things continue down the path that they are going I just might move because this town will no longer be the town I moved to so my children could enjoy life as I did growing up. Take our wonderful Mountain Fest. coming up in August. In a few years having it hosted at city park, as it always has been, will no longer be possible. Can you imagine all the people in that tiny area? They better start planning for a new location and quick, and that is just one of the many things that will never be the same. So I am sorry if you don't understand where I, or the residents of Anita Drive are coming from,but if you want a Lancaster/Palmdale why don't you move so we can enjoy our small town living in peace. Thanks, and God Bless!
Tue Jun 6, 2006 17:02:13 PDT
we are all entitled to our opinions but what makes me laugh is that you are on almost every blog responding to every issue and you dont even live on Anita Drive and as far as Mt. Festival again you have to bring up things that arent your concern and arent even an issue yet. Thats why we have a mt. festival committee, why dont you join and you can complain about that as well.... why throw more chili on the dog?
Tue Jun 6, 2006 17:18:02 PDT
I'm sorry. I was not aware that I had to live on a certain street in order to be concerned about the overgrowth of Tehachapi. I was at the meetinig last night and this was one of the many concerns that the residents had about this project. As far as the Mountain Fest. statement, that is just called using your brain, common sense, thinking ahead, something the city council dosen't do very well. You are right about one thing. We are all entitled to our opinions, mine is that Tehachpi is growing to fast and while the homes are going up everything else( schools, streets, water, etc.) is not keeping up and we are going to end up with a total mess on our hands. So while many, like yourself would love for me to keep quiet about my opinions. I can't, and I'm not going away anytime soon. Deal with it. Thank you!
Tue Jun 6, 2006 20:23:45 PDT
"Concerned citizens, request clarification" how many times will we see this headline?
Wed Jun 7, 2006 08:39:27 PDT
I just love all of this complaining. The biggest complainer are the ones that seem to have moved into Tehachapi and not the one that are natives. I have lived here for most of my life. Went through the school system and have a long family history in this town since my great-grandmother. I remember the town when there was hardly a house in Golden Hills and only about 3,000 people in the city limits. Yet I see the need for the houses, the city police and in the future a city fire department (not now but in about 5-10 years from now). Sure I loved see the hills with no wind mills on them, being able to walk as a kid anywhere in the valley and not having my mother worry about me. In my opinion Tehachapi was damaged many years ago by those of you that intruded into my little town. You made the Mt. Festival into a business where once it was just true family fun with people being able to actually have a picnic in the park. Yet I am happy to have the Home Depot, the Wal-Mart and other big stores come in because I have accepted that the town has changed and is no longer my little childhood home I loved.
Wed Jun 7, 2006 09:01:40 PDT
I need to remind you all to refrain from personal attacks, name-calling and mentioning names of those who may or may not be posting on this site. It's pointless in a discussion such as this. Thanks!
Wed Jun 7, 2006 09:22:22 PDT
For the record, I may not be a native, but I am not new to the area. My family has lived here since the 80's.
Wed Jun 7, 2006 10:49:28 PDT
Since the 80's. Yeah that was when the wind mills started going up, the prison added a couple levels, and the beganning of the inflex of out of towner coming into the town. However I don't remember people yelling to stop the new people then from coming in. However those very same people that came in during and after the 80's sure yell today. Sorry but change is, has, and will continue to happen in Tehachapi regardless if you want it or not.
Wed Jun 7, 2006 11:10:16 PDT
My wife and I purchased land in Tehachapi to build a home and GET AWAY from exactly this kind of development. Those of you in favor of it have not seen what it does to a community. We have lived in Riverside for 6 years. During that period of time several hundred new homes have been built in our area, without regard for how to handle the additional traffic,people, and the negative impact on the enviornment of many additional cars, sewage etc. Loud noisy warehouses are now right behind our home, and a project was railroaded through to allow DHL access to March Air Force base (right by us) for shipping. The jet noise, smell, and pollutants will be constant soon. The main street in our area (Van Buren Blvd) has become virtually not passable during rush hour. Recently it took me 30 minutes to get less than 2 miles. Is that what you want for Tehachapi? I've seen this become a vicious circle. First come the hundreads of homes. The city likes the tax revenue, but then decides it needs more to support those new homes. It then allows more developers to take over, adding more new homes. Then you need 4 lane roads, more stoplights, addditional public survices. Then you'll need to get local jobs, so more industry will come in, then you need to expand the airport for larger corporate jets... The mountains you love so well now will be carved out for developments. The clear night sky and brilliant stars will fade due to the increased glow of HUNDREDS of street lights. It is the typical So Cal vicious circle. Then will come the bond issues... We need new schools because they are overcrowded with the children from the areas we allowed to overdevelop, we need a bond issue for more roads, more sewers, more firemen, police, another bigger hospital. The final result is people get fed up, move out, then the property values decline and the area fills with a lot different kind of inner city resident. When is anyone ever going to get it? Other communites are quite successful at limiting development. It is not inevitable. Fight it now!
Wed Jun 7, 2006 14:05:13 PDT
What do you think happened in the 80s and 90s? Before that time there was almost nothing in Golden Hills, Stallion Springs or Bear Valley, but look at it today. The funny thing is that every that moves to Tehachapi says tha same thing, "I moved here because it was small and I don't want it to change." Well what do you think happened when all of you moved here? It didn't get smaller. When I was a kid there were more cattle than people, more ranches than houses, apple trees right in the middle of town, and everyone know each other. I wish I had the town back, but it won't. Just in the 8 years while I was away in the Navy was a hugh change when I came back home.
Wed Jun 7, 2006 14:14:38 PDT
Tehachapi needs to grow, plain and simple. I recently moved back to the area after going away to college, living in Seattle and getting married. Coming back here has both pros and cons, but the bottom line is if you want small town, you need to move to N. Cal (north of San Fran) or midwest. Urban Sprawl from Lancaster, Palmdale and LA has made Tehachapi far more appealing to baby boomers and young families looking to find affordable housing. Not sure how long my husband and I will stay, but it's nice to see Tehachapi finally growing.
Wed Jun 7, 2006 16:54:26 PDT
Okay, so who said I wasn't for the growth? Even though I miss the old little town I grew up in, I really think what is happening is for the good. The fact to the matter is I have told more than a few people I know that the idea of putting only house from Curry to Dennison was a bad idea. I told one person on the planning commission that instad of only houses they should have thought about a couple small businesses on the corner of Green and Valley to help support the downtown. I have been involved more than most in the planning of the town and parks. I served on the park and rec for two years and helpped plan and design the Morris Park. I stood in the city hall in support of the Tehachapi Theater group to get funding for the theater that the park and rec panned for in Morris park. I can even tell you why the park is not yet built or even got grass. The reason is because of no curbs on Dennison or Pinion. The park and rec was told they couldn't even let the cirus a couple years ago use the land because of no curbs. The city told the park and rec that curbs had to be in place before even putting grass in. So even though I long for my sweet little town of Tehachapi to come back I also understand and support some of the changes. If you don't like the changes then I advise you and everyone else to get involved in the local government not just posting crap on a blog. Go to the city councel meeting, the planning comission meeting, the park and rec meeting, etc. The sad truth is most of you complain to the blog but never attend a meeting to voice your opinion face to face with the local representation you have. When I was on the park and rec board I think the biggest crowd we had was about the Girl Scout wanting to place a peace stick in the ground by the Scout Hut. Who attended? 5 or 6 Girl Scouts. Yet when we posted and mailed out notices for possible rate changes, 2 people.
Fri Jun 9, 2006 11:43:34 PDT
From our policy on the site: 3. Please remember to stay on topic. If the discussion is about the new building in town, it would not be appropriate to start talking about the possibility of life in outer space. We reserve the right to remove or recategorize posts that we consider off topic. 4. Please remember to watch your language. Remember, kids visit the Tehachapi News site, too, and we wouldn't want them seeing anything you wouldn't want your own kids to see. We reserve the right to remove any posting we feel crosses the line. 5. Avoid personal attacks. It’s fine to disagree with a person's opinion, but refrain from attacking the actual person. Thanks for helping us keep this form an enjoyable and safe experience for everyone! The Tehachapi News staff Reply or Comment Send to a Friend Report a Violation Comment From: eightbravo Fri Jun 9, 2006 14:49:53 PDT
Do an investigative report. Ask why so many people in town are against this and why the city still wants to do it. Tell why the city needs this track of homes to fund its not needed fire department. Tell how service will go down and cost will go up. Let the soon to be home owners of these houses know the truth. They will be charged a tax of $3,000 for a NEW but not better service. Tehachapi will grow but no more track homes on little lots. No more wasted tax dollars on services that are not needed. No more city government that will not lessen to the people. They even think we don't have the smarts to vote for a fire or police department. We need new people in City Hall now.
Fri Jun 9, 2006 15:37:46 PDT
It seems to me editor that there is a huge story that needs to be addressed. There are hundreds if not thousands of residents upset at the way the city council and city managers are handling several situations in the city including the fire dept and police dept. SO WHY ARENT YOU DOING SOMETHING ABOUT IT. By your silence you are siding with the city, is the Tehachapi News biased towards tehachapi city. Are the city leader local controlling the newspaper by not allowing you to write certain articles, IT SEEMS SO!!! What happened to freedom of speech. If this happened in any other city in this county it would be front page news, so why do we see nothing from you. It is time for you guys to stand up and do your jobs and investigate!!!!! There has been several incidents of wrong doing or lack of doing on the part of the city, put you guys only sit by and watch and don't report.
Sat Jun 10, 2006 09:44:21 PDT
editor, That is the problem with this boards. You provide them for people to comment and when the discussion flows naturally away from the orginal topic the users get blasted. I have seen this from board to board that I have been on. The next step is that the users of the board get tired of it and leave and then the board dies.
Thu Jun 29, 2006 09:49:19 PDT
curmudgeon obviously hasn't done his research on the DDT issue. Even the Tehachapi News columnist fell short and didn't completely verify Hastings silly explanation of DDT's half-life. The Atlanta CDC specifically states that 1/2 of the DDT dissipates in 2 to 15 years. NOT ALL of it. If DDT was used for 40+ years on the property before it was made illegal, how much damage has been done? The planning commission, at the urging of whomever, wants to sweep this under the rug. This isn't ethical and if curmudgeon can't see past that he needs to MYOB!
