Tehachapi News

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At the request of Tehachapi’s Chief of Police Jeff Kermode, a committee has been formed to promote communication with the California Department of Corrections and Rehabilitation (CDCR) on matters pertaining to the proposed 110-acre, 2,200 bed prison expansion at CCI Tehachapi.

Joining the chief on the committee are Mayor Deborah Hand, Interim City Manager Greg Garrett and Councilman Ed Grimes, who is also the President of ACCAP, Association of California Cities Allied With Prisons.

“Tehachapi is going to have a voice,” said Mayor Ed Grimes, expressing confidence that through his association with ACCAP, the county will not be allowed to usurp any potential revenues or fees generated by the expansion.

In addition to the fiscal impacts, water and sewer capacities, as well as traffic issues were listed among the committee’s top concerns. Representatives from CDCR will have the opportunity to address these concerns in a May 5 presentation of the expansion proposal to the council and the public.

“We’re a little more sophisticated now than we were ten years ago,” said Mayor Hand, whose original campaign for a seat on the council was based on her opposition to a proposed Sexual Predator’s wing at CCI.

Hand also reiterated her frustration that CDCR is conducting their own (EIR) Environmental Impact Report, over a relatively short, three month period.

“This is a little bit like the fox guarding the hen house,” said Hand adding that the City of Tehachapi will take a year to supervise an independent contractor’s EIR for the proposed Walmart.

Council Briefs

City helps businessman with mitigation fees

The City Council voted unanimously to reduce the previously-negotiated commercial mitigation fees charged to Antonio Navarro, owner of Don Perico Restaurant. In a reversal of his previously-stated position, Councilman Stan Beckham voted with the rest of the council to reduce Navarro’s monthly payments by half for the next six months.

Beckham questioned Navarro at length about his personal finances and the original mitigation payment agreement, raising questions about the city’s handling of the original fee disclosure. That prompted a heated response from Interim City Manager Greg Garrett.

“You are contorting things around. You are trying to make the [city] staff look stupid,” said Garrett adding that in this particular case, the city’s “business friendly” practices left Navarro “caught in the middle with the developer,” who failed to disclose the fees up front.

“I’m going to do everything I can to get these payments cut,” Beckham told Navarro during the meeting. 

However, on previous occasions Beckham stated strong opposition to granting exceptions. He told the Tehachapi News on April 18, “I told the council we’re not a bank and voted no [on accepting payment in installments],” with respect to both Don Perico and Que Pasa Restaurants’ outstanding mitigation fees totaling nearly $175,000 collectively.

Que Pasa’s owner, Baldo Cisneros, has filed for Chapter 11 Bankruptcy, and has not responded to the Tehachapi News’ requests for comment.

According to the city’s attorney, Tom Schroeter, Bob Joyce of LeBeau-Thelen, LLP, a specialist in bankruptcy law, has been hired to help ensure payment of the negotiated fees.

“There is a range of solutions available to the court, including ultimately relieving the debtor from the obligation,” said Schroeter. “From a practical point of view the court generally doesn’t do that. They try to find a way to pay the creditors. In the case of a city, which has public funds at stake, there’s even more tendency to want to do that.”

Attorney Bob Joyce also did not respond to a request for comment.

Meanwhile, Navarro thanked the council members for their dedication to helping small businesses survive the current economic downturn and agreed to pay $1,000 a month for the next six months. A document is being drawn up by the city attorney that will extend the current three year payment agreement by an additional three months, at the original rate of $2,000 a month.

Recall inquiry prompts city to hire additional legal counsel

Following the advice of the city attorney, Tom Schroeter, the council unanimously agreed to hire a separate legal firm to advise the city clerk in the event that legal issues arise from recent inquiries about recall procedures for elected city officials.

As legal representation for all members of the city council, the city attorney’s involvement could be construed as a conflict of interest. According to the city clerk, no recall petition had been filed as of press time.

In God - and guns - We Trust

Following up on an action approved in 2002, the city council agreed unanimously to direct staff to display the nation’s motto, “In God We Trust,” in signs placed inside city hall and at future council meetings.

Councilwoman Linda Vernon also introduced a resolution supporting the 2nd Amendment of The U.S. Constitution and also the Supreme Court’s recent division to overrule the District of Columbia’s attempt to ban handguns in that jurisdiction.

After some discussion, the council approved the resolution by a unanimous vote, although Mayor Hand expressed concerns about some of the wording in the resolution.