Richard Orbaker, vice president of MACA and active in the Mentone Chamber, of Commerce passed away on October 18, 2019. Rich was responsible for raising the money for and supervising the placing the red metal weather-proof “Welcome to Mentone” signs at the entrances to Mentone, two of which you readily see next to the Chamber of Commerce sign on the Boulevard, next to the Chamber’s sign; and on the corner of Wabash and San Bernardino Avenue. MM believes that Rich was working on a third sign, to the east of Mentone, at the time he died.
Please enjoy this loving tribute written by his wife, Jan, presented to MM at the celebration of Rich’s life on November 9, 2019, at their farm in Greenspot across the River:
“On October 18, 2019, this community lost one of its most enthusiastic supporters, Rich Orbaker, Vice President of MACA.
“A resident of the Greenspot area of Mentone since 1976, Rich was a small business owner. Redlands Pet Store (most recently of Mentone) was dedicated to good health and nutrition for all kinds of animals. It will continue, but customers will miss his caring manner and vast knowledge of feeds and supplies.
“Owners of numerous cats, dogs and horses, Rich and his wife built and operated their own farm, very involved in showing, training and selling show horses.
“Rich was an avid supporter of Mentone Chamber of Commerce and felt it was the base for Mentone’s future, independent of Redlands.
“Rich moved to California from Arizona in the early 60s, where he attended Arizona State University.
“He founded the ‘Checkmates’ car club and established a drag strip to keep young car owners from racing on the streets, was a music promoter and agent for singer Linda Ronstadt. One of his high school classmates was the late John Denver, with whom he continued to correspond.
“Rich is survived by his wife, Jan, and his son, Kevin and Kevin’s family.
“The next time you enter Mentone, either from Mentone Boulevard or San Bernardino Avenue, and see the wonderful ‘Welcome to Mentone’ signs, say a quick ‘thanks’ to Rich. They were his prized project, for which Senator Mike Morrell awarded him a Good Citizenship Declaration.
“Happy trails and good fishin, Rich. We’ll miss you.”
M.A.C.A. stands for Mentone Area Community Association, which meets in the Diamond Jim Saloon behind the Mill Creek Cattle Company Restaurant at 7 p.m. on the Second Tuesday of each month. Mentone residents and those interested in Mentone are most welcome to come and hear what’s going on in and about Mentone.
COMET IS WAITING FOR THE COURT’S DECISION
At the Motion hearing on Friday, September 6, Redlands/LAFCO’s attorney argued the same points they had stated in their Opposition; COMET’s attorney added some information. Judge Alvarez smiled and said he was familiar with Tom’s Burgers, but declined to state his tentative ruling and said that, since “these things tend to find their way to the Court of Appeal” he would issue his written decision later and be very careful how he did so. (Ed.’s note: sometimes the judges want time to think more fully; Judge Alvarez had only gotten the case that previous Tuesday, because he is a “CEQA” judge, or one of the few that rule on such cases and COMET had complained about Redlands and LAFCO’s violating CEQA laws, but those complaints were not addressed in the Motion. Sometimes the judges just don’t want the attorneys to argue more when they state their intended decision and in this case both attorneys had a lot of arguments!)
Judges have up to 90 days to issue a decision.
COURT TAKES ON ANNEXATION/FEE ISSUES
COMET (Community of Mentone Empowered Together) appeared in San Bernardino Superior Court through its lawyer on Tuesday morning, September 3, for a status conference (Ed.’s note: previously, cases could linger for the full statutory five years to trial, with the judges only wondering what was taking place; the Legislature enacted rules that now require lawyers to appear every three months or so and tell the Judge how the case is going and for help with opposing counsel if they need it).
The case had just been reassigned that morning from the Honorable Michael Sachs to the Honorable Donald Alvarez.
COMET’s Motion for a Preliminary Injunction was set to be heard on Wednesday, September 4; however, COMET had new information for the Court that its attorney argued on Tuesday was “crucial” and “critical” to the Court’s decision the next day. Over Redlands/LAFCO’s attorney’s objections Judge Alvarez allowed the additional information to be filed and continued the Motion hearing until Friday, September 6.
The Motion for Injunction seeks an order of the Court that Redlands cease demanding annexation in exchange for water to new developments ; its new information was based on case law that existed when Redlands enacted its 1997 “Measure U” and legislated authority in 2000-2001.
The Motion also seeks an order of the Court that any previously-signed Annexation “Agreements” be prevented from being enforced, but that Redlands still provide water and sewer services to new developments.
The Motion additionally requests that the Court also order Redlands to provide water to new developments without demanding that the developer pay “Development Impact Fees” for fire, police, parks, libraries, and other services that only benefit or are provided only to Redlands and instead that the developer only need pay for the cost of connection or perhaps enlarging the “infrastructure.”
“Redlands and LAFCO opposed the Motion in a lengthy document that never provided any authority in support of its demanded annexations, which the Motion additionally briefed was extortionate, ” COMET’s attorney said. “Their basic position is that Redlands can do what it does because it says so, but our position is that no other existing law allows it,” she added.
The additional case law COMET served and filed was provided in the footnotes to a case that Redlands/LAFCO’s attorney had repeatedly cited and quoted in their Opposition to the Motion. It included rulings by the Fourth District Court of Appeals, (Ed.’s Note: this is important because the Fourth District does not publish many cases; unpublished cases may be read but not cited in Court documents). The Fourth District covers San Bernardino, Riverside, Orange and San Diego Counties, said COMET’s attorney.
If granted, the Preliminary Injunction will expire at trial, when COMET will seek a Permanent Injunction against Redlands’ and LAFCO’s actions, as stated above. if the Preliminary Injunction is not granted now on legal grounds, COMET can immediately file a Notice of Appeal with the Fourth District. If it is granted Redlands/LAFCO can appeal. If it were denied now on procedural grounds or technicalities, COMET can re-file the Motion.
Within the last month, Redlands had demanded that Perry Karpouzis execute the Annexation “Agreement” the day before its City Council meeting but still had not agreed with him on the amount of “Development Impact Fees” to connect for water. He declined to sign the “Agreement” at that time, pending the outcome of the Motion, according to Raul Madrid, another developer who has assisted Karpouzis in getting the City to reduce its fees from the more than $650,000 it demanded in 2009 to approximately $55,000 at this time. However, those fees still all benefit only Redlands by its demand for payment for services it only provides to itself. “The only cost for connecting to water should be what is reasonably related to the cost of enlarging the infrastructure, if any; that’s the law,” he added. Local history is that there previously was a gas station and also a church on the property; as stated in the Motion, Redlands had left the meter there for years after the demolition of the previous buildings. During construction of the Toms Burgers building, Karpouzis complained that it was leaking and asked that it be replaced. Redlands instead removed it and demand that Karpouzis for “new service” to the site.
On February 19, 2019 meeting, immediately after the Redlands City Council approved the “pre-annexation Agreement” that Dollar General signed, and a local resident, a Mr. Bell, read into the record his objections to the “pre-annexation,” Redlands’ Mayor expressed his irritation with repeated objections to the annexations and stated that “Redlands has no interest in annexing Mentone.”
NEW STORE IN TOWN? OR NOT?
The Chamber of Commerce met on Tuesday night, July 30, and discussed having a “ribbon-cutting” ceremony for Mentone’s newest store. However, it was reported that Dollar General does not have a tenant or franchisee, even thought the store building is substantially completed.
There were some concerns raised about a hole in the ground in front of the store.
OP-ED PAGE
MM regrets that we have been unable to provide a newspaper for quite some time, owing to the need to defend ourselves full time against personal litigation. Our Crafton Hills College intern, Zoe Lane, is now volunteering her time (Thank you, Zoe!) but is involved in a heavy class this summer and we need to let her alone.
We hope readers enjoy this edition, and also hope to be more up to date in the future.
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
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.
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.