Op-Ed

SOME THOUGHTS ON OUR TIMES

We’re not even through the pandemic and we are “hit” with 24/7 news showing protests and looters. To their credit, one Los Angeles County city actually scheduled a peaceful demonstration for Sunday, apparently forgetting the past: does anyone else remember the 1965 Watts riots? They actually destroyed their own community, focusing on store owners who were different than they and probably immigrants. I had moved to L.A. just the previous year and was shocked at the lengths to which some people would go, purportedly in order to vent their anger at injustice, would steal what was easily grabbed, would beat up innocent people who disagree, would set fires to businesses and, I think, even homes. If you don’t remember that week of riots you can read about it on Wikipedia, along with how the riots and protests started: a Black man was stopped for reckless driving near his mother’s home; his brother left the car brought her to the scene. She chewed her son out for drinking and driving, then ended up attacking the police, and the three of them – mother and two sons – were arrested. The rioting started then and grew to as far away as Pasadena, Pacoima, Monrovia, Long Beach, and even San Diego.

The exact same incidents took place in those cities then as what we saw in the past week: the defiance of necessary curfews, the necessary deployment of the National Guard, attacking first responders like police and their vehicles, arson and looting of stores. Curiously, this time the LAPD and Sheriff were unprepared for the similar actions and the necessary measures took a few days to be employed. Winston Churchill, paraphrasing George Santayana, said “‘Those who fail to learn from history are condemned to repeat it.”

I can understand their frustration and anger somewhat: my immigrant White ancestor, who came here simply to bring the gospel and served the American Indians for years, was murdered by some (who were probably also related to me); years later her son and grandchildren were driven to seek refuge in Canada by the same tribe. But how could I justify punishing American Indians alive now, for what their ancestors did? Somewhere, sometime, somehow, vengeance has to stop being people’s motivation for acting as they have been doing in the past 50+ years.

Am I alone in thinking that what happens in L.A. or elsewhere in California doesn’t really affect the police in Minneapolis? So what good does marching in the streets and on the freeways, disrupting traffic, torching businesses that they would need in the future and the very police vehicles that might have been called to assist them at other times, and otherwise straining LAPD’s and others’ resources, really do? One has to believe that the looters are just hoodlums looking to make a quick buck on someone else’s property. And this time the looters can wear masks to conceal their identities without raising suspicions.

And why would people, who just didn’t like being forced to stay home the past two months in order to stop or slow the pandemic, get out there and violate social distancing, quite likely exposing themselves or others to the Coronavirus, and starting another upsurge? It defies reason.

If the Floyd family can ask for the violence to stop, and respect what George Floyd would have said was appropriate, who is entitled to continue it?

From the policeman’s history, it seems like he should have been fired and arrested a long time ago. For that failure, George Floyd paid the ultimate price, but out of his untimely death perhaps can come some good: a bad cop is finally off the streets. And he will probably have to watch his back constantly when he goes to prison, where he belongs, because the other inmates will likely exact their revenge.

If it seems like these troubles will never end, for the Bible readers Matthew 24 gives a good description of what we can expect in the future. MM

News

Tele-Town Hall Update from Employment Development Department

EDD Telephone Town Hall Image

Get insight on how to receive benefits quicker.

Unemployment benefit claims have reached levels not seen since the Great Depression. This issue has caused uncertainty and a slowing of benefit payout to workers. Join my office and Russell Best, EDD Employment Program Manager III on this call to get insight into best practices to receive benefits quicker. The EDD will also answer the most common questions asked during this COVID-19 pandemic.
My office has organized this virtual town hall, and I encourage you to participate in this important discussion.

Thursday, June 4
3 p.m.
Call In Number: (888) 204-5984
CODE: 3731564

Because of the volume of virtual guests we are expecting, live questions will not be possible. Those who wish to submit questions, please do so by Wednesday, June 3 at 10 a.m. by emailing my office.


Event information can be found on my website as well as additional COVID-19 resources.
Sincerely,

Eloise Gómez Reyes
Assemblymember, 47th District

Capitol Office: State Capitol
P.O. Box 942849
Sacramento, CA 94249-0047
Tel: (916) 319-2047
District Office:
290 North D Street, Suite 903
San Bernardino, CA 92401
Tel: (909) 381-3238
Op-Ed

How Mentone is Being Impacted

When you read how people who don’t live here and we don’t even know sank our chance to get the proposed amendment even considered by a Senate committee, doesn’t it make your blood boil? It does ours. One would hope that whoever now employs Ms. Scherkenback catches on to her little scheme of lying – repeatedly – to constituents, in the name of her employer, to manipulate matters to her liking and that she doesn’t get the opportunity to do so any more.
And who is CALAFCO to decide what the Legislature should do? It is advisory, only, to a governmental agency that is not concerned with whether an annexation must take place.
Sometime, somewhere, somehow, someone must take notice of little Mentone (it used to be bigger) and give it a chance to survive and even thrive.

Local Organizations

MISDEEDS IN OUR LEGISLATURE

In August 2017 Raul Madrid, a developer who wishes to develop 13 lots he owns in Mentone, submitted to California Senator Mike Morrell a proposed bill containing two amendments to existing laws. One, concerning Government Code section 56133, prohibited cities from forcing annexation in exchange for water or other utilities; it would codify California Supreme Court case law already existing in 1996 [Ed.’s note: the year that Redlands enacted its ordinance that later became “Measure U,” a part of Redlands’ municipal law; it uses that “law” to “justify” demanding annexation to its city limits in exchange for water and, where available, sewer services].

The other proposed amendment concerned the reasonableness of “development impact fees,” concerning another Government Code section.

Madrid had worked with COMET’s counsel to prepare both amendments and is long-time friends with Senator Morrell.

In 2018 Morrell assigned the proposed amendments to an aide, Tess Scherkenback, who forwarded them to legislative counsel for review; that counsel added some language to the annexation portion and sent it back to Morrell’s office for submission to the Finance and Governance Committee, as SB 646. The Committee would review it before giving it to the entire Senate for approval.

Scherkenback communicated part of the legislative process to Madrid but failed to advise him that he and/or COMET’s counsel could appear before the Committee, to explain Mentone’s plight and why the bill was important to it and other similarly-situated unincorporated areas. [Ed.’s note: Some years ago, the Legislature excluded by law the shopping area around the intersection of Lugonia and Alabama Avenues from Redlands’ city limits.] No history or other information was submitted with the bill or solicited by Scherkenback.

In February 2019 Scherkenback e-mailed the entire bill to Madrid, as modified and approved by legislative counsel and then in purportedly the final form, the day before she was to submit it to the Finance and Governance Committee. However, Madrid only recently learned that the bill was actually missing the prohibition-of-demanded-annexation portion when she sent it to the Committee so the Committee never received it or voted on it.

In March 2019 Scherkenback told Madrid that Senator Mike McGuire, the chairman of the Senate Finance and Governance Committee, “didn’t like” the annexation portion of the bill. However, an aide in Senator Mike McGuire’s office recently confirmed that the annexation portion of SB 646 was removed before it was submitted to the Finance and Governance Committee, which would have reviewed, and possibly submitted, the bill to the full Legislature and the Governor.

Scherkenback also stated that CALAFCO was not in favor of the annexation portion, and that CALAFCO’s director had said the bill “would die in committee.” [Ed.’s note: CALAFCO is the 501c3 advisory, only, organization to which all county LAFCOs belong. LAFCO stands for “Local Area Formation COmmission”; it was set up by the Legislature in the 1960s to oversee property developments in all California counties, since cities oversee those projects within their city limits. The San Bernardino County LAFCO replaced the former Boundary Commission. According to the IRS’ website CALAFCO, as a tax-exempt 501c3 organization, is restricted in lobbying against proposed legislation and COMET’s counsel recalled that one of LAFCO’s agendas in the past had voiced its opinion in favor of annexation.] It is not yet clear what connection CALAFCO or its director, Pamela Miller, has with Redlands, said COMET’s counsel, or why Mentone’s protection would adversely impact LAFCO’s duties: LAFCO inquires about annexation but does not require it, for any purpose. COMET’s counsel added that CALAFCO, based in Sacramento, has ignored COMET’s service of the lawsuit.

In July of that year, a deputy legislative counsel wrote an opinion letter, which Scherkenback provided to Madrid; the opinion stated why, in the author’s opinion, forced annexation was proper. That letter, of course, contradicted the earlier, other legislative counsel’s opinion. Moreover, the later opinion did not address existing case law , nor an exception contained in Government Code Section 56133(e)(4), which states that, if the water customers were receiving water before January 1, 2001, section 56133 (a)’s mention of the “anticipation of a later change of annexation,” does not apply. [Ed.’s note: That exception was probably added because, beginning in 1915 the Supreme Court had repeatedly held that a city purchasing a water company must continue to provide water service to existing and new customers; there is no mention of a requirement of annexation.] However, adds COMET’s counsel, Redlands ignores that exception and the supporting case law – in Mentone’s favor, of course – and instead cites a lower case holding which appears to attempt to overturn the Supreme Court, which courts are not entitled to do. It is possible that – since earlier legislative counsel had approved the proposed amendment – Scherkenback may have requested the opinion so as to support her omission of the prohibition of forced annexation from the submitted SB 646.

It is not yet known how much territory Mentone has lost in the past 1 1/2 years due to CALAFCO’s interference and Scherkenback’s action. Since bills must be submitted to the Committee by late February each year, Madrid learned of this information too late to resubmit the proposed annexation prohibition for this year’s consideration by the Committee and the entire Legislature.

It is not clear whether Morrell knew of Scherkenback’s omission of the annexation portion of SB 646 until it came up for the Committee vote. Morrell told Madrid he is “terming out” this year, and presently does not know whether he will seek another legislative office in November.

Scherkenback, whose Linked-In page states she graduated summa cum laude from a private evangelical university and received various honors and awards, was awarded a fellowship in Morrell’s office, which position she held for a year and two months. Madrid said Morrell told him she is no longer working there; that is confirmed by Linked-In, which says she is a legislative aide in Sacramento, but not for whom.

The remainder of Senate Bill 646, concerning only the reasonableness of “development impact fees,” passed the Committee easily in May 2019 and was signed into law by the Governor. It clarifies another, similar law.

News

SUPREME COURT DENIES COMET’S PETITION FOR REVIEW

COMET’s counsel recently received the California Supreme Court’s written notification that it was denying COMET’s petition, without comment. Readers may remember that COMET’s counsel had asked the high court to order the Fourth District Court of Appeals (aka appellate court), a lower court but higher than the local San Bernardino Superior Court), to review COMET’s petition for writ of mandate, or writ petition, on the merits. The Appellate Court had denied COMET’s writ petition without comment, called a summary denial, so COMET is unaware of the appellate court’s reasons.

The writ petition requested the appellate court to review the decision of Judge Donald Alvarez denying COMET’s request for damages for Redlands’ many annexations of Mentone territory over the years, which Judge Alvarez stated was barred by the statute of limitations – in other words, they had happened two many years ago.

Judge Alvarez’ decision on the issue of damages becomes the “law of the case,” according to COMET’s counsel. “It is a disappointment,” she said, “but not the end of the fight against Redlands’ constant and illegal takeover of territory that does not want to be in Redlands. We will continue to fight the takeovers, as long as we possibly can,” she promised.

Although COMET represents every Mentone resident and property owner that wishes to be included, individuals such as the owners of Tom’s Burgers, are still enabled and welcome to file their own case for damages, she added. Additionally, a fight against any annexation in which Mentonites are given an opportunity to vote – only those covering 150 acres or more – only needs 25% of the residents and/or property owners to trigger an election. If 50% object, the annexation cannot go through, according to state law that governs the actions of the County Local Area Formation COmmission, or LAFCO, also a party to the lawsuit. The difficulty is that every annexation since 1956 has been less than 150 acres and Mentonites have been denied the right to vote whether its territory may be eroded, which has been occurring piece by piece, she concluded.

News

GOOD-BYE TO GODFREYD AND HELLO TO ??

MM is losing Godfreyd – aka Garth – Tuazon, a Web Developer student at Crafton Hills College, who has been assisting MM with posts and various other tasks this semester, which is ending shortly. Godfreyd has been doing a lot of behind-the-scenes work such as coding and posting visual images, that MM’s editor/publisher would not begin to know how to do.

Godfreyd has been learning on the job, so to speak, supervised by Crafton Hills professor, Edward J. Papp, who will be retiring this summer but will continue to supervise MM’s interns into next year. MM sincerely appreciates the work both men have done to help MM get the news out.

Godfreyd joins a list of former interns that began three years ago with Fall-semester students Troy Galle, Jamie Lehman and Aaliya Mariscal the first year, who also worked on the community garden brochure [Ed.’s note: see earlier issues for the beautiful one they produced]. Another student, Edith Stetka, also worked on the web page in Fall semester, and volunteered her time during the Spring semester. Last school year Zoe Lane, a philosophy major, assisted MM and was willing to assist in the summertime, as well, as she had time in between one-month classes. All were honors students, supervised by their Political Science professor, Steve Hellerman, who arranged for their assistance to MM; some were paid for their time.

All of the previous interns provided their personal knowledge and experience to help get the webpage set up, as well as other tasks to protect Mentone, says MM’s publisher and editor. Godfreyd, a hemodialysis technician who also works three days a week has been working long days during the pandemic, is transitioning to a new career in web development. He had several additional changes he wanted to make to the website but ran out of time and the new intern will take those over. His only “payment” is hours toward his grade for the year, which relieves Crafton Hills College from having to find grant money to pay interns, in order to interest them in working on MM, who wishes all of its former interns the very best and looks forward to the assistance of the new one coming on board. -mm

News

STILL WAITING. . .

Over the weekend, COMET’s counsel received written notification from the Supreme Court that its decision on COMET’s petition to the Court, to order the Fourth District Appellate Court to decide COMET’s writ petition to it on its merits rather than the summary (Ed’s note: without giving any reasons) denial, would be extended to June 4, or perhaps earlier. The writ petition concerns damages suffered by Mentone as a result of Redlands’ demanded annexations.
Due to the Coronavirus pandemic, the County courthouse has been closed to all but emergency situations since mid-March and is scheduled to reopen May 28, unless it is extended again (it was to have reopened on May 1). The Appellate Court is likewise operating through its clerks working at home.

News

FIRE TAX NEWS: GET OUT AND VOTE IT DOWN!

From Tom Murphy at Red Brennan Group:
“All,
As many of you know, the San Bernardino County Supervisors voted April 7th to place FP5 repeal on the November 2020 ballot. This is a win! We will keep you updated as we continue with this effort.
However, the Red Brennan Group is contemplating further legal action against the San Bernardino County Fire Protection District in the matter of FP5 expansion and the protest process. We are considering a lawsuit in Federal court based on equal representation and due process claims.
Our organization is in the process of identifying plaintiffs.
If you, or someone you know, was unable to respond to the Protest Process in September 2018 for any, or all, of the following reasons:
Never received notification letter
Unable to obtain a protest form
No internet access
No access to hardware or software required to locate or print a form
And they fit into one of the following profiles:
Profile One – District Resident/Property Owner
Resident of San Bernardino County
Registered to vote in San Bernardino County
Property owner with property located in the San Bernardino County Fire
Protection District
Profile Two – California Resident/Property Owner
Resident of California
Not a resident of San Bernardino County
Property Owner with property located in the San Bernardino County Fire
Protection District
Profile Three – Non-resident/Property Owner
United States Citizen
Not a resident of San Bernardino
Not a resident of California
Property owner with property located in the San Bernardino County Fire
Protection District
The Red Brennan Group would be interested in direct contact via a follow-up interview.
If you are interested please send an email to tmurphy@redbrennan.org or contact Tom Murphy at (760) 810-5830. Please DO NOT REPLY ALL to this email!! However, feel free to forward this email to people you believe may fit into one of the three profiles.
Tom Murphy”

The Red Brennan Group

News

ANOTHER PIECE OF MENTONE GOES AWAY!

On May 12, the Planning Commission will consider the following proposal and its agenda items reads as follows:
“PUBLIC HEARING to consider the following applications for a 0.71-acre site located at 1248 North Wabash Avenue (APNs: 0298-042-17-0000 and 0298-042-18-0000) in the Highway Commercial (C-4) District:

1. Conditional Use Permit No. 1139 – A request to construct a new Jack in the Box restaurant with approximately 3,000 square-feet in floor area and one drive-through lane, as well as associated new parking lot with 30 spaces, on-site landscaping and lighting, and related site improvements including perimeter walls, driveways, and utility connections. The proposed project is exempt from environmental review in accordance with Section 15303 (New Construction of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

“2. Commission Sign Review No. 462 – A request to construct a pedestal sign up to 12 feet high, and a total area of approximately 24 square-feet per sign face.

“3. Lot Line Adjustment No. 648 – A request to merge two lots into a single 0.71-acre parcel for development. The proposal is exempt from environmental review in accordance with CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations). It encompasses the former party store/strip mall and the vacant land across Naples from the RV storage facility. If readers object, following are the instructions how to do so, from the Commission’s e-mail: “ll votes during the teleconferencing meeting will be conducted by roll call. The meeting can be observed online via the City’s website and on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier).

“HOW TO SUBMIT COMMENTS: Following public health recommendations to limit public gatherings during the COVID-19 pandemic, City Manager Charles M. Duggan Jr., acting as the City of Redlands Emergency Services Director has directed that Planning Commission meetings be closed to the public until further notice or until the current local State of Emergency has been lifted. The Council Chamber will not be open to the public during the Planning Commission meetings.

“In order to have your public comment read into the public record at the meeting, members of the public are asked to submit comments prior to 3:00 p.m. the day of the Planning Commission meeting by email at PlanningCommission@ cityofredlands.org or through the public comment form on the City’s website at www.cityofredlands.org/webform/planning-commission-comments-form. You can also submit a comment by voice mail by calling (909) 307-7333 prior to 3:00 p.m. the day of the meeting.

“In compliance with the Americans with Disabilities Act, if you need assistance with public comment, please contact staff at the Development Services Department, (909) 798-7555 ext. 2, at least two hours prior to the meeting to make alternate arrangements (28 CFR 35.102-35.104 ADA Title II).

“If you challenge any proposed development entitlement listed on this Agenda in court, you may be limited to raising only those issues you or someone else raised prior to the public hearing described in this notice, or in written correspondence delivered to the Planning Commission prior to this public hearing.

” ‘NOTE: Any writings or document distributed to a majority of the Planning Commission regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the Planning Commission’s website (https://www.cityofredlands.org/planning-commission).’ “

Local Organizations

YA GOTTA COVER YOUR FACE! IT’S THE LAW!

MM has observed people out and about in Mentone without masks. If you haven’t already heard, on Tuesday Erin Gustafson, M.D., MPH, acting San Bernardino County Health Officer, ordered ALL County residents – including essential workers – to wear masks, whether scarves without holes, bandannas, neck gaiters (whatever they are), or other face coverings, when they leave home – and that only for “essential” activities. The Order is in addition to the Health Officer’s March 17 and March 27 orders and Governor Newsom’s March 19 order, to stay home except for essential activities, such as grocery or medication pickup.

The Order is enforceable by “the Sheriff and all Chiefs of Police.” It’s not fun but it’s necessary, and will remain in full force and effect until the “all clear” is given.
Violation of the Order is punishable by fine, imprisonment, or both, according to the Order. Easter gatherings, other than with just immediate family, are discouraged if not illegal.

Feeling lonely or isolated and needing to visit with someone besides the ones you see every day and are probably tired of talking to? Skype, Google Hangout, BlueJeans, Facetime and Zoom are available to connect and see each other face to face, some in groups [Ed.’s note: one wag suggested combing one’s hair before signing on].

One dating website, for example, encourages people to have a “date” by eating “together” with the same foods and visit while eating. [Ed.’s note: that should lower the number of “quaranteens” we’ll see about 13 years from now!]

According to sbcovid-19, there are now four (4) confirmed cases in Mentone. Given the ~10,000 residents Mentone is reputed to have, MM believes that’s a pretty good number, up from only three (3) last week; perhaps it’s reflective of Mentonites’ desire to stay well (except for certain unnamed ones who had “unprotected” parties with out-of-their-home guests over the weekend)? Stay safe, Mentone!