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YOUR HOMETOWN WEEKLY NEWSPAPER
Vol. 10, No. 16
Committee to petition again by Samie Hartley Staff Writer The Committee to Stop Rosewood pledged at Tuesday’s Oakley City Council meeting to petition the council’s decision to rezone the Rosewood Estates property from an agriculture district to a single-family high-density residential district. In March, the council approved the rezone of a 13.9-acre parcel of land along Rose Avenue to an R-6 zone district from an A2 district. This was the council’s second attempt to rezone the land. Last September, the council voted to rezone the land from A-2 to a P-1 planned-development district, which would allow Discovery Homes to build 76 houses on the land, but the decision was reversed in January as result of a petition initiated by a group of Oakley
April 16, 2010
This Week Workshops for girls only
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residents known as The Committee to Stop Rosewood. Despite the successful petition drive, members of the Committee to Stop Rosewood were disappointed when the developer came back to the council last month with a new zoning plan and a new tentative map that would include 61 homes – still at high density – which the council unanimously approved at its last meeting. Committee to Stop Rosewood board member Debbie Retzloff told the council she’s frustrated with its decision to ignore the people. “I believe we clearly showed via petition that high density is not what we wanted. You clearly aren’t listening. It baffles me that you’re not listening … I’m here to tell you it’s not over. We’re not going away. People want responsible
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‘It’s a Girl Thing’ turns the spotlight on fascinations with a feminine flavor. Page 9A
Desperate for dollars Budgetary shortfalls threaten the county’s ability to provide human services. Page 3A Photo by Richard Wisdom
aylor Morrow makes a splash during diving practice at Freedom High School this week. Morrow, a member of the diving team, took advantage of a break in the weather to work on her technique.
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Coaches get team on track
see Rosewood page 18A
High school property suit heads for trial by Dave Roberts Staff Writer A dispute between the Liberty Union High School District (LUHSD) and two landowners concerning the sale of their property for the site of a fourth high school has been scheduled for a jury trial August 30. John and Jerilee Geddes were paid a little more than $3 million for their 38 acres of land on Sellers Avenue near Delta Road. The price was based on the agricultural value of the land, which is currently in the county’s jurisdiction. But after signing a draft agreement to turn over the land title to the school district, and after getting the district’s help in clearing that title through an eminent-domain action, the Geddeses hired a new attorney and are seeking a total of $13 million, based on the value of the land if it were annexed into the City of Brentwood with an industrial zoning. The dispute hinges on whether the value of a property taken for public use should be based on its current value, such as the $82,500 per acre for
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undevelopable farmland outside the urban limit line in East County, or on its future speculative value, such as possible annexation into an industrial zoning and voter-approved inclusion inside the urban limit line to allow future business development on the property. In mid-March a U.S. Superior Court judge ruled that the Geddeses would be allowed to present evidence to the jury of the property’s speculative value. But the lawyers for each side have different interpretations of the judge’s ruling. “By law, the public agency has to pay the value of the property at its highest and best use at the time they get the property,” said LUHSD attorney Robert Thurbon. “It’s agricultural right now. There’s a big difference between industrial and agricultural value. The property owner – if they want to submit evidence and ask the jury to assign a higher value – they have to meet certain standards. We brought a motion saying, ‘You can’t do that because you have to have something more than speculative value.’ “There was a three-day hearing to determine if it was pure speculation. What the judge ruled is
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that it’s not pure speculation because it’s mostly speculative. They get to submit their theory to the jury. For the most part it was all speculation, but the court said it’s not pure. So the jury gets to make that determination on whether it should be agricultural or industrial.” Scott Jenny, the Geddes’ attorney, responded, “The evidence is in no way speculative, in no way speculation. He made that argument to the judge and lost and still says it like it’s true. The judge said it’s not speculation and it’s sufficient to go to the jury. The judge ruled against them. He (Thurbon) still continues with his mantra, which is a false premise, and he lost.” Jenny and the Geddeses have offered to mediate the dispute out of court, agreeing to accept $5 million for their property – an additional $2 million over the $3 million they’ve already received. “Obviously, the district is not going to pay that kind of money,” said Thurbon. “We have said, ‘No, we are going to stick to our guns.’ It’s see Trial page 18A
The Freedom track and field team is clearing hurdles under the guidance of multiple mentors. Page 2B
Plus: Business ............................... 4A Calendar ............................ 23B Classifieds ......................... 15B Cop Logs ............................14A Entertainment ................. 11B Food .................................... 12B Health & Beauty ................ 8B Milestones ........................ 10B Opinion ..............................13A Sports ................................... 1B
FOR MOVIE TIMES SEE PAGE 5A
Fragility defended Dubious disasters Diversity affirmed go to news/WebExtras!
PG&E is helping to save an endangered butterfly on its property.
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The Internet can be an unreliable source for earthquake predictions.
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The riches of our multicultural community took center stage at a gala event.