UPDATE December 2, 2013: We asked the City of Angels Camp Administrator about whether the neighbors 300' or less were notified about the Kirby Street issue. He replied that according to their City Attorney Derek Cole, they are only required
to notify if it is a planning or zoning matter. Very interesting. That means they did not notify anyone.
You might remember when the Raggio boys, one a City Councilman and the other County Coroner, came before the Angels Camp City Council with a request for a personal favor
from the city and their property.
It was passed easily, and we felt it was not only a conflict of interest, but that even though Stuart left the room during the vote, the City Council should have turned it down.
At their November 12, 2013 meeting a lawyer suddenly appeared to represent the OTHER property owners on Kirby Street (or Drive, or Avenue) who objected to the City's voting Kirby Street to be accepted into the City's streets.
This had happened relatively quietly and most people knew little about it. Well, they will now!
It turns out that Mr. Menary, who owns a house he rents out at one end of Kirby, was the one who apparently on the QT requested the City to accept the street because he wants to use it.
Mr. Williams, an attorney, came forward to represent the other property owners; who object to the City's vote and want it reversed.
Brad Sutton owns some of the property and one other property owner lives on Kirby, which was created in 1980 in a parcel split.
It seemed pretty clear that the City of Angels Camp had at that time rejected the dedication to the City and had not accepted it into the system. It is a dirt road, or driveway.
Mr. Menary now states that he has an easement onto Kirby due to a property he bought a few years ago and it included his right to use Kirby.
According to Google maps, the road is now blocked off with two trailers just before Menary's property. One person stated it was due to Menary's renter speeding on Kirby street.
Councilman Jack Lynch requested that it should be heard under closed session, but their City Attorney Derek Cole reminded him that the only thing they could discuss in closed session in a lawsuit, not the dispute.
Councilman Raggio stated an obvious fact; that this is a dispute between property owners, and Menary does not own the street at all. He admitted he had no paperwork saying he has an easement onto Kirby.
A motion was made to move it to closed session with no second. A motion was made to rescind the resolution that made it a public street.
Then came the roll call vote. Friends of Menary's, Lynch, Wes Kulm and Bert Sobon, voted with Menary.
Raggio and Mayor Morris voted against him. Special favors for friends is still going on at the City of Angels Camp.
Then they took a vote to continue it until the next regular meeting with the same result. In the meantime the City will look for the documentation Menary stated exists somewhere at the City.
15 comments:
More folks need to go to the council meetings to chime in on how our town is ran. All the bay area folk want to live in our mountain town but want to bring their city ways up here. Hello city folk, private property rights need to be respected. Read on the property's deed before you buy, is there an easement, is there actually a right away? If it's not on the property's deed, it's not a right. The city also needs to research their records better. There are statue of limitations on dedications. Google Earth, pretty sad the city uses online maps. Have the council members even gone out to this property to see the ACTUAL property? The city in the past had on an agenda to abandon a city road in the past, why? To get out of maintaining it just as I read that they do not want to do to this road they are trying to claim now, they won't maintain it but fighting for a "buddy" whom sat on the business assoc. in the past and also on the Grand Jury in the past. Time for all to go to these meetings and speak your peace!
Nothing ever changes in Angels Camp. The current Council does what it is told to do by their Administrator so they don't have to think. You are so right about them using Google earth instead of City maps and records. They have NO CLUE!!
I think this shows that neither McHatten or the Council have any integrity. They passed this in September, but did they even notify the property owners around the area or the person who owns the panhandle which is Kirby street?
Well, most of the City Council is over 80. What do you expect. We need younger people, and not Ann Forest to get more involved. Without that, they do what they want for their friends. At least we have to give credit to Raggio and Morris for doing the right thing. They asked for the proper documentation.
This is clearly a case of the new timers vs the oldtimers. How can the Council get away with this?
Well, if the cat's away (the cat being public scrutiny) the rats will play. We need to get more involved. Why should certain downtown property owners have full control of our city. It's not right!
Was it on the agenda? One would think property owners within 300' would have to be notified. No environmental review? No financial review, source of funding to bring the road up to city standards?
Was it consent agenda or regular agenda?
So this was what? An end run by Menary and his friends on the council to screw the other property owners? Figures!
I've been following this and read all the agenda packets. What this is is private property and Mr. MANERY had no easement to use it to acess this house that he purchased as a rental. It seems Mr. MANERY has access from a misnamed "Easy St." on the back side of his property that owners of the house in the past used. Mr. MANERY tried to find a loop hole in a dedication of this piece of private property to gain what he calls a "right". Seems this dedication according to statues on limitation of 25 yrs. is past due (now 33 yrs.). Seems to me Mr. MANERY is trying to fight a battle by using the city's attorney on the people of the City of Angels tax money (due to his friendship with some council members).
Is that the same Menary that lost his vineyard and winery?
Menary is a friend of Ann Forest, who was also head of that business club the Council loves so much they'll give them our tax money.
We need to get more people on the council who aren't newcomers. They give our money to their friends, do favors for their friends and corruption reigns.
But Raggio and his brother who is also an elected official got a favor just a few months ago. I think the corruption is in all 5 who currently sit. The trouble is, who will run?
Well, there is a meeting tonite at 6 p.m. at the Angels Fire House for all to join in and stop the corruption. If it starts at taking over your private property (which this is not the first time, remember the Angels Creek trail, I believe that family is still trying to stop the city on that one.) Let's get our voices heard!
You are right. If we don't go and yell at them they keep right on taking away our rights. I'll be there.
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