On Tuesday, August 13, at 6:30 p.m., at Diamond Jim’s Saloon (at the Mill Creek Restaurant) Tom Atchiey of Redlands will again present a slideshow; the one he presented was well attended last year. with the large room nearly full, so residents interested in our history may want to come early to get a good seat.
NEW FILM ABOUT THE “SANKEY” COMING SOON
A short film about the Zanja will be shown later this year, possibly in a film festival or some other such activity, according to Rich Orbaker, MACA’s vice-president. The Mill Creek Cattle Company and Diamond Jim’s Saloon owners, Jim and Maribeth Lotito, offered their facilities for the program and dinner will be available, as well. More details will be provided as soon as Mentone Matters is notified. Part of the proceeds will be used for local projects sponsored by the Chamber of Commerce and MACA.
MACA stands for “Mentone Area Community Association”; it meets the second Tuesday of every month from 6:30 to 7:30 or so, in Diamond Jim’s Saloon (Mill Creek Restaurant), located at 1874 Mentone Boulevard, Mentone. It seeks to inform residents about activities and happenings in the area. One feature is the Sheriff’s report about arrests and accidents in our town. Everyone in town is invited to come early and eat and enjoy meeting other residents.
The Chamber of Commerce meets in the fellowship hall at the Rocky Point Church, located at 2116 Mentone Boulevard, Mentone, at 7 p.m. to about 8 p.m. on the last Tuesday of every month. The Chamber discusses what residents can do to promote Mentone. Members do not have to be engaged in business to join; everyone in town is invited to join for $25 per year.
MOTION FOR INJUNCTION FILED AGAINST REDLANDS!
On Wednesday, July 31, COMET’s attorney filed a Motion for Preliminary Injunction,set for September 4, 2019 at 8:30 a.m. in Department S-28 of the San Bernardino Superior Court. The Motion asks the Court to stop Redlands immediately from demanding 1) annexation in exchange for water and sewer services to new developments, and fees for its own city hall, police, fire, libraries, parks and 2) all other fees that benefit only Redlands, 3) fees that are in excess of the reasonable value of said improvements. and 4) that proposed legislation earlier this year was interfered with, which caused it to die in a legislative Committee.
The Motion particularly speaks for Tom’s Burgers, which has sat unopened on the Boulevard for 12 years since the County building permit was approved. Redlands initially demanded fees in excess of $630,000 from Tom’s Burgers, now down to about $55,000. However, the Motion argues, besides the other fees for services that Redlands does not provide, even the water connection fee is not applicable because the pipes were already in the street; however, but if applicable, the water connection fee should be no more than $6,784.92 total. However, Redlands added “water service” for a storage room that – in another part of the same statement – says the storage room would not have any other function, and wants nearly $1500 more.
The Motion complains that Redlands’ demands are slowing business and residential growth in Mentone (see article on Dollar General elsewhere in this newspaper). The City and LAFCO have time to oppose the Motion and then COMET has a right to counter their Opposition.
Attachments to the Motion included maps showing how much Mentone territory has been lost in recent years, a map of Mentone’s water companies that Redlands acquired (although there is some historical haziness as to how it acquired them), a sample of Redlands’ annexation “Agreement,” by which it demands annexation or “pre-annexation” into its city limits in exchange for water and sewer to new developments, copies of Redlands’ own adopted studies as to the amount to charge for water and sewer, as well as its own ordinances, which the Motion argues it violates. It can be viewed on the Court’s website for $.50 per page: 27 pages of the Motion and 20 pages of exhibits.
A “Motion” is a formal request that the Court make an order against the other party; for a Preliminary Injunction ordering the other party to cease doing something, that is harmful to the moving party, namely COMET, on Mentone’s behalf. MM
HELP NEEDED!
The Senior Center is looking for volunteers to help Tuesday mornings at 1331 Opal Ave., Mentone: they are needed to help FSA Cook Sally Cubit prepare and serve the weekly breakfast. Volunteers would help from about 7:30/ 8 AM until about 9:30/10 AM on Tuesdays.
The Yucaipa Senior Center is also looking for lunch helpers at 12202 1st St., with Patty Lewis from about 9/10 AM – 12:30/1 PM.
For more information, contact Kathy Knox at 951-275-5055 or Sally Cubit at 909-793-6999.
MORE MENTONE ACREAGE TO REDLANDS!
On the agenda for Tuesday night, August 6, is approval of a “pre-annexation” “agreement,” giving jurisdiction to Redlands in exchange for irrigation water, as well as some domestic water. Irrigation water is also available from Bear Valley Mutual Water Company, which does not require annexation, to MM’s knowledge, and from which Redlands obtains some of its water supplies.
The new Redlands area covers more than 300 acres; as of the 2010 U.S. Census, Mentone covered more than 6 square miles or about 3900-4000 acres. Several properties have been annexed into Redlands’ city limits since 2010. The area under consideration starts at the hills near Yucaipa, goes west to Crafton and even west of that, north to 5th Street, and south to Tennessee Lane/Street. The map of the area is available on the City Council’s website: https://destinyhosted.com/agenda_publish.cfm?mt=ALL&get_month=8&get_year=2019&dsp=ag&seq=164&id=73352. Click on agenda item “L. New Business,”No. 6.
“Pre-annexed” areas are agreed to be given to Redlands when it is contiguous, or next-door, to the “pre-annexed” property. The “agreement” states that the property owner will cooperate with annexation and they pay a fee for the annexation “agreement,” as well – sometimes thousands of dollars but only $500 in this agenda item.
VOTERS TO GET SAY ON NEW FIRE TAX
By Zoë Lane, special to Mentone Matters
County Supervisors approved a motion and a pair of amendments Monday assuring that voters will get a say on FP-5, the controversial Fire Tax that had been set to be entered onto the Tax Roll later this year. If enacted – without the consent of voters – property owners in Mentone and the surrounding areas would have seen a 3% increase on their 2019/2020 property tax statements, that is, a rise from $157.26 to $161.98.
According to Tom Murphy of the Red Brennan Group, which has been active in fighting the proposed Fire Tax, Supervisors Janice Rutherford (2nd District) and Dawn Rowe (3rd District, which includes Mentone) proposed key modifications to FP-5 which were approved by the Board at the meeting Monday.
Supervisor Rutherford’s motion amended FP-5 to state that 1) County staff will have 90 days to bring multiple options on how to fund County Fire, 2) Supervisors will decide which of the recommendations to place before the voters prior to January 1, 2021, and 3) FP-5 will then “sunset,” or no longer be in effect, after the solution approved by voters is implemented.
Supervisor Rowe’s proposed amendments to the motion disallowed the increase, and added the requirement that county staff must provide background material to justify claims associated with their proposed solution options, which they will present within 90 days.
A third motion was proposed by Supervisor Robert Lovingood (1st District) that would have put all fire funding to a vote under Proposition 218, and kept Fire funding on the General Fund. Lovingood’s motion was not seconded, however, and therefore was not approved.
OP-ED
We welcomed Supervisor Rowe’s comments and suggestions; whether they will succeed in protecting Mentone remains to be seen. We look for her really to protect Mentone, as opposed to her predecessor who – although he claimed to have grown up here – was more interested in his political ambitions than in Mentone and actually favored Redlands’ greedy takeover. As for East Valley Water, perhaps someone out there knows if we are connected to it with piping: the area where the “Harmony” project is sought to be built used to be in Mentone’s territory but LAFCO gave it to Highland, which it serves, and that district may not be able or willing to give us water across the riverbed. It is doubtful that Redlands would agree to sharing the piping it received when it bought Mentone’s water companies.
Redlands likes to claim the Zanja as its own but it forgets that the ditch/creek begins in Mentone territory and if we dammed it up into a reservoir they wouldn’t get any of the water! Say, maybe that would provide some water and thereby alleviate some of our problems with Redlands.
Officer Emon’s comments were certainly understandable: no one likes to go to work thinking that it could be their last day on earth. MM deeply appreciates our law enforcement, firepeople and others who protect us. They do have those Kevlar vests but no helmets, except in limited situations; helmets could go a long way toward protecting them. On the other hand, the ACLU (which MM considers extremely liberal and not always right) says AB 392 addresses the unfortunate police shootings of – sometimes – unarmed people and states that the majority of them are people of color (one hears the most about people of color who are killed by white officers but less about white people who are killed by officers of color). MM has no opinion about which bill to support and urges its readers to Google both bills and make informed decisions for themselves.
This editor has helped the homeless and applauds efforts on behalf of the deserving down-on-their-luck homeless, but what to do about those who are on drugs or choose to live on the streets and off of society because they don’t want someone to tell them what to do? Present-day laws do not force them to go to shelters – even though San Bernardino County says it has the largest number of resources for the homeless in California (usually accepted by the not-of-their-choice victims) – or to get into drug- and alcohol diversion programs or get mental health treatment (including medication where needed) or otherwise be responsible for their own food and lodging. The only solution is to drive them away from here so that they become another city’s, county’s or state’s problem. It seems unfair to the area where they end up (and harsh to the homeless), but who creates the problem? Isn’t the person who chooses to live on the street or in their car, who won’t go to a shelter, get a job or otherwise become responsible for themselves?
Finally, after living four years in Mentone, we still don’t understand why all of the flying – especially the screaming jets – takes place over Mentone rather than Redlands: after all, it is their air show. One year a jet flew so low over our neighborhood that we could clearly see the pilot’s face. It scares our animals and just isn’t necessary over here: another intrusion – this time into our “air space” – by Redlands. We’re always glad when it’s over for another year. This is just MM’s opinion and we will probably hear from those who like the air show over Mentone. MM
NEW COUNTY SUPERVISOR SPEAKS TO MENTONE
Our Third District County Supervisor Dawn Rowe [rhymes with “wow”] spoke at the Mentone Area Community Association’s regular meeting, May 14, 2019. She first told a little about herself: she was widowed when her husband was killed by an IED in Iraq on his second deployment and her children were less than school age; she raised her children alone and they are now in college. Her husband had been stationed in Twentynine Palms, where she still lives, and she had worked as a field representative for then-assemblyman Paul Cook. She was appointed by the other County Supervisors to fill James Ramos’ seat when he was elected to the State Assembly. She has the second-largest territory to cover [an irregular, somewhat pie-shaped area, the northernmost portion of which is at Barstow in the high desert south to Grand Terrace, and from San Bernardino east to the Arizona border. “It seems I’m always in my car, driving somewhere,” she stated. Before she was married she studied in Japan and obtained her bachelor’s degree in public relations and advertising; she earned a master’s degree in advertising as well. During a break in her political life while her children were teenagers “I stayed home with them because I thought they needed me but, at that age, they thought they didn’t,” she joked; during that time she obtained her teaching credential and taught school.
“I get what Mentone is going through,” Rowe stated, from her experience living next to unincorporated Joshua Tree; also, after her husband died, she decided to build a house on 10 acres, with some help from a professional. She had planned to subdivide to build three other homes but then had to deal with County and State regulations.
She said the County is interested in helping the Sheriff’s Department deal with community problems and also mentioned the “Inroads” program: $17M in funds to the County to interface with the homeless by placement, that is, the ones who are just down on their luck. As to those with drug and mental issues, that will be more difficult, she added. She also promised to get Mentone together with CalTrans for meetings regarding more “traffic calming,” to which one audience member shook her head, which she noticed [Ed., note: MM had previously reported that CalTrans said it would make the right- only arrow at Wabash and the Boulevard a straight-ahead arrow, as well, in order to alleviate the buildup of traffic going straight, leading to 15-20 vehicles at the red light at times but after more than a year, CalTrans still hasn’t done that].
Rowe stated she met with Redlands Councilwoman Toni Momberger and asked, “Why does Redlands want to annex us?” Ms. Momberger apparently indicated that they didn’t [Ed.’s note: MM has previously reported at least two occasions when the Redlands City Council stated its intention to do so]. She promised to try to bring Ms. Momberger to speak at a MACA meeting in the future.
She stated she is also a Commissioner on LAFCO and had some suggestions for Mentone: contact East Valley Water District about receiving its water service rather than from Redlands [see Op- Ed]. She also suggested that someone from Mentone contact LAFCO to do a “special study” about what could be done, that no one had requested such a study and that Mentone should; there would be some expense but she couldn’t state how much.
Finally, Rowe suggested that Mentonites lobby LAFCO commissioners: “it only takes three” out of five to accomplish something, she concluded. [MM is indebted to an interview with the San Bernardino Sun for some of the above facts.]
OTHER MACA SPEAKERS:
In the same May 14 meeting, Rachel Achilly, Sheriff’s Department spokesperson, stated that there were 18 arrests, four of them “good” felonies [Ed.’s note: meaning that they are not likely to get thrown out on a technicality] in the last month. Activity at a particular house on Jasper was investigated for a while, after which eight people were arrested and the house was red-tagged. The audience was advised that if they saw people there to notify the Sheriff’s Department. Sheriff’s Deputy Emon made an impassioned plea for Mentonites to vote for Senate Bill (SB) 230, in order to combat Assembly Bill (AB) 392, also pending; the issue is that someone reviewing officer-involved lethal force (i.e., causes death) after the fact decides whether the shooting was “necessary” rather the present language. Emon said that impacts everyone in law enforcement because they don’t know, in the split-second moment when they appear to be threatened with lethal force themselves, whether protecting themselves or others is “necessary” or a lesser standard. He also stated that SB 230 provides for better training for law enforcement so that they can make better determinations as to whether to use lethal force or other methods. Emon concluded by requesting that Mentonites contact their State legislators and ask them to vote for SB 230 (for more details see the flyer later in the paper).
MACA secretary Angie Grisafe DeLaRosa reported that the last Adopt a Highway Cleanup, held on April 27, brought out eight volunteers and coincided with CalTrans’ “Cleanup Month” so CalTrans picked up the 11 bags of trash collected between Wabash and Amethyst. She said the next one is this Saturday, from 7:15 a.m. to about 9; meeting at the Chamber Office, also A Noteworthy Realty on the Boulevard next to Arthur’s Restaurant. After Saturday the next one will be in July or August; Mentone is committed to doing this four times a year. Also, Tom Atchley will give a talk on the 200th anniversary of the Zanja at the August meeting, which may start a little early [Ed.’s note: last time Diamond Jim’s Saloon was almost full, so come early to get a good seat near the front]. Mentonites are invited to attend and learn more about our area’s history. Angie mentioned doing a video of Mentone’s history and asked if anyone knew of a student who could perform that task for us.
Finally, Warren Wendell said the Hangar 24’s Air show is on this Saturday and Sunday. The parking lot which Hangar 24 had thought they could not use – because of the Kangaroo Rat – will be open, after all. However, volunteers have cleaned up the lot at the corner of Wabash and San Bernardino Avenues for MACA to raise funds by providing extra parking for $5 per car and $10 per RV and will open on Saturday, anyway. Volunteers are needed to help direct traffic and show people how to get to the airport, where vendors will set up by 11:00 a.m. but the flying won’t begin until 3 p.m. The event goes to 8 p.m. on Saturday and 5 p.m. on Sunday. MM
Tom’s Burgers May Open This Year!
Raul Madrid, a longtime developer, is assisting Perry and Sandy Karpouzis in attempting to satisfy Redlands’ demands so they can get water service. “Once the paperwork is completed and the fees are paid we anticipate being able to open Tom’s Burgers in 60-90 days,” says Madrid. Diners will then be able to grab a burger on the way in and out of town instead of driving over to Alabama and Lugonia. Mentone Matters will keep readers posted on this development, as well.
Mentone’s Lawsuit Against Redlands and LAFCO Continues
At Defendants City of Redlands’ and LAFCO’s insistence that the Attorney General prosecute the action or grant leave for COMET to continue to do so, its lawyer sent an Application and proposed First Amended Complaint to the Attorney General’s Los Angeles office.
On the last day to do so, Defendants – both represented by the same Best, Best and Krieger office – served and filed their opposition. It contained several arguments, one misstating the actual allegations of the complaint, but provided very little or no legal support of its positions that COMET’s lawsuit is either too late or too early, that the “quo warranto” (“by whose authority?”) cause of action is not the proper remedy. Quo warranto actions do not have a statute of limitations, by which the lawsuit could otherwise be too late. COMET’s response: it is proper because Mentonites did not know that Redlands took to itself the “authority” to demand annexation by enacting its 1997 “Measure U” or that it has taken much territory to itself by presenting its “Annexation Agreement” to developers, demanding annexation to its city limits in exchange for water service to new developments.
COMET also replied that the “Agreement” contains eight other demands that COMET deems to be overreaching. Redlands’ demand avoids Mentone’s vote whether to be annexed or not (which is authorized by Government Code section 57075 and following sections). Because the quo warranto procedure is most often used to challenge someone holding an office without authority (but still available in the manner that COMET is using it), defendants also argue that it would “disrupt governmental operations” and therefore not be in the public interest. COMET’s response states that no disruption would be caused by Redlands’ being ordered to cease using its Annexation “Agreement,” demanding annexation and the eight other offending parts, and that the relief it seeks is of importance to every unincorporated area that is in the sphere of influence of a city which provides utility services. To COMET’s knowledge, there is no other such situation existing or which has existed in California.
Defendants also argue that there is no “substantial question of law or fact.” COMET countered that Redlands’ alleged illegal extortion of Mentone territory in exchange for water, and LAFCO’s ratification of that illegal action, is indeed a substantial question of law or fact. Defendants also argued that the same facts are alleged in other causes of action and therefore the quo warranto is unnecessary and that “extortion” is not a proper basis for a quo warranto action. COMET replied that it is required to plead all available causes of action on the facts.
Defendants next argued that COMET shouldn’t receive water service without being a part of the City and its regulations, to which COMET replied that Redlands had applied to LAFCO to do so many years ago and actually provided water for many years without demanding annexation, beginning in 1997. Defendants also argued that COMET hasn’t proven its case in its Complaint; COMET replied that it need not do so. Defendants also argued that COMET hasn’t provided any facts showing that the annexations were completed, and admit that “in the future, should the City complete any additional annexation of portions of Mentone, COMET would be on much firmer ground to challenge such annexations” by the quo warranto procedure. COMET’s reply quoted portions of the Complaint and its Application stating that it has lost territory by Redlands’ demanded annexations.
Defendants’ opposition did not oppose the other cause of action – “Unfair Business Practices” – that COMET requested leave to continue prosecuting. Nor did it address COMET’s allegations of unlawful and exorbitant fees that Redlands charges developers – for fire, police, library, parks, City buildings, and so on, that do not benefit Mentone in any way and are probably passed along to the next owners.
The Application, Opposition and Reply will be looked over by Los Angeles’ Deputy Attorney General, who will make their recommendation; then it will be forwarded to Sacramento for Attorney General Xavier Becerra to make the final determination. The Los Angeles Deputy Attorney General could not give a time estimate for this decision to take place. COMET has granted defendants 30 days to answer after COMET files its First Amended Complaint.
In the meantime, COMET presented a claim for damages to the City of Redlands, which had 45 days to respond. It responded within three days that COMET’s claim was late and invited COMET to file an application for leave to file a late claim, which COMET’s attorney did. After 45 days, whether Redlands allows the late claim or not, COMET may add Mentone’s money damages to its suit.
Also, Tom’s Burgers is proceeding toward completion; however, there is no estimated timeline.
Mentone Matters will continue to keep you up to date on the progress of the lawsuit.