Category: News

According to COMET’s counsel, before submitting COMET’s Proposed Second Amended Complaint for filing this year, she was required to send a copy to counsel for Redlands and LAFCO. They had already agreed to the filing of the Proposed SAC, and had notified her that they would demur, or challenge, the “sufficiency” of the Proposed SAC. As required by the California Rules of Court, Redlands’ counsel wrote a “meet and confer” letter, addressing every cause of action and arguing that the Proposed SAC, which alleges “Civil Extortion, Declaratory Relief, Rescission and Restitution, Equitable Estoppel, Misrepresentation, Unfair Business Practices, Preliminary and Permanent Injunctions, and Reverse Validation” could not stand up in court. COMET’s counsel replied in writing why the causes of action were justifiably included, and refuting Redlands’ position on each point, with legal citations where necessary. COMET’s counsel offered to delete two causes of action if Redlands and LAFCO would agree not to demur to the remaining allegations. LAFCO did not write a separate letter, but adopted Redlands’ positions. “That raises a question of conflict of interest,” said COMET’s counsel, “where the same law firm is representing both parties, when LAFCO would not have been sued if Redlands had not taken the alleged wrong actions. It also raises a question of whether LAFCO is too close with Redlands, instead of merely performing its ministerial duties.”

She added that the parties’ counsel were then required to meet and confer by phone, which they did, each attorney stating that they thought their client’s position was justified. They could not agree on any subject, so they “agreed to disagree,” and Redlands’ and LAFCO’s demurrers are agreed to be filed by November 30. COMET’s counsel will have until two weeks before the hearing on the demurrer to file an Opposition, and then Redlands and LAFCO will respond in writing before the hearing.

After COMET’s counsel submitted the Proposed SAC, she waited some weeks. She then took another original to the courthouse, with a letter explaining that she had never received the stamped first page back and asking that the clerk expedite the filing. Apparently the clerk did so, because three weeks later COMET’s counsel received the “conformed” first page showing the Proposed SAC had been filed and then the filing of the Proposed SAC was posted on the court’s website.

The Amended Summons, which was required by a change in the names of the defendants, was not so easy. “I submitted it with the original Proposed SAC, but “it was kicked back several times without it being issued,” she explained, “each time with some cryptic reference that I tried to correct. Finally, I just went up to the third floor, where I was able to find a clerk who explained in detail what was wrong and I was able to get the next submission issued.”

“It was very frustrating,” she said, “because, before the pandemic hit, we could go directly to the clerk’s office on the third floor and a clerk would file the documents right then and there or tell me what was wrong, if anything was; I could either correct it then or return with a corrected document. Then, when the pandemic hit, the entire courthouse was closed down for almost two months. When it was opened up again, we had to deliver our documents to a window on the front of the building, where the clerk did not file them but merely received them. The documents then went to a clerk inside somewhere and responses took weeks; there was no information on the court’s website, either, and the Proposed SAC just disappeared – I did not receive a stamped copy of the first page of it, showing it was filed. Thus, in September I had to take another original of it and again drop it off. This was after nearly two months of trying to get LAFCO’s counsel’s written agreement to file it. Finally, it was filed on the date I submitted it, as I learned three weeks later when I received the filed first page back and it was then posted on the court’s website.

The original Complaint was filed in May 2019, but, with delays waiting for the California Attorney General to decide whether to allow COMET to file a particular cause of action, and other challenging events such as obtaining LAFCO’s counsel’s cooperation, it appears the case finally may be on its way toward being litigated. MM will detail the conflicts in the parties’ positions in a later article. MM

From the Chamber of Commerce:

The Mentone Chamber Adopt A Highway Program will clean up the boulevard one more time this year. If you would like to volunteer please email back at this email or Call the chamber to confirm: 909 362 7860. New volunteers please come 15 minutes early to watch a safety video.

WHEN:  SATURDAY NOVEMBER 14TH

WHERE  1911A MENTONE BLVD.

TIME:     8:00 A.M.  (OR YOU CAN ARRIVE 7:30 A.M.)

WHY:   REMOVE TRASH AND OTHER DEBRIS ON OUR TOWN’S MAIN STREET/HWY.” MM

American Pickers (on the History Channel) was scheduled to come to Mentone in May but had to cancel because of the pandemic. MM just learned the show’s stars and their team are coming back to California in December (no specific date given yet) and are “looking for leads throughout the state, specifically interesting characters with interesting items and lots of them!” according to its New York Agent’s office. “American Pickers are taking the pandemic very seriously and will be following all guidelines and protocols for safe filming as outlined by the state and CDC,” it continued. They “will continue to re-schedule if conditions change for the worse.

“Regardless, we are excited to continue to reach the many collectors in the area to discuss their years of picking! Please keep in mind, we are looking for different, unusual, and unique items too – something we’ve never seen before and with an interesting story! People who are interested “reach out to us on our phone number 1-855-OLD-RUST (653-7878), or our email, which is AmericanPickers@cineflix.com. We also have Facebook: @GOTAPICK. Mike and Frank only pick private collections so NO stores, malls, flea markets, museums, auctions, businesses or anything open to the public.

According to its press release “AMERICAN PICKERS is a documentary series that explores the fascinating world of antique ‘picking’ on History. The hit show follows Mike and Frank, two of the most skilled pickers in the business, as they hunt for America’s most valuable antiques. They are always excited to find sizeable, unique collections and learn the interesting stories behind them.

“As they hit the back roads from coast to coast, Mike and Frank are on a mission to recycle and rescue forgotten relics. Along the way, the Pickers want to meet characters with remarkable and exceptional items. The pair hopes to give historically significant objects a new lease on life, while learning a thing or two about America’s past along the way.
Mike and Frank have seen a lot of rusty gold over the years and are always looking to discover something they’ve never seen before. They are ready to find extraordinary items and hear fascinating tales about them. AMERICAN PICKERS is looking for leads and would love to explore your hidden treasure. If you or someone you know has a large, private collection or accumulation of antiques that the Pickers can spend the better part of
the day looking through, send us your name, phone number, location and description of the collection with photos to: americanpickers@cineflix.com or call 855-OLD-RUST, Facebook: @GotAPick”.

Or, if you prefer, you can call the Chamber office at 909 362 7860 to sign up for the show.

The items they purchase are re-sold in their shop named “Antique Archeology,” and located in Iowa.

If interested readers don’t have a large collection, maybe they can bring their treasures to a central location and the Pickers team can see more to buy but save travel time. MM

For information on voting, input the following website: https://www.sbcountyelections.com/Portals/9/CommunityOutreach/Voter%20Education/Toolkit_Communications_Oct2020.pdf. MM chose not to post the whole document here because of its size and length (19 pages). MM

MM’s opinion about the County Supervisors raising their salaries was corrected by Scott Ward, of the Supervisors’ office, when he provided the actual summary of the proposed charter revision, as follows:

Scott Ward, a representative of the County Board of Supervisors, stated on Tuesday night at the phone-in Chamber of Commerce meeting that the County is considering a change to the charter, after 107 years of the same charter. The public are invited to comment and some of the initial ones indicate that Supervisors’ pay will be raised. Interested readers can view https://wp.sbcounty.gov/cao/countywire/?p=7968, to view the proposed changes and public comments. Sorry this is late but MM just learned about it.

From Scott Ward, of the Board of Supervisors’ office, after he apologized profusely for sending the info for Measure Q:

“The correct information is for Measure J. These links for the SBC Registrar of Voters page contain Measure J information. Https://www.sbcountyelections.com/Elections/2020/1103/Measures.aspx, and

https://www.sbcountyelections.com/Portals/9/Elections/2020/1103/Measures/SBCountyCharter/Ordinance-SBCounty.pdf.”

Thanks to Scott for providing this information. [Ed.’s note: Knowing that the BOS are raising their own salaries was interesting and helpful, too.] MM

This came from the San Bernardino County website:

“Following recommendations from the Planning Commission (9/17), the Board of Supervisors is considering the Countywide Plan for adoption on October 27, 2020. The meeting’s agenda will be published on the County’s website  [Ed.’s note: https://sanbernardino.legistar.com/Calendar.aspx] prior to the meeting. Visit the “Library” [http://countywideplan.com/home/library/] section of the Countywide Plan for links to download all of these documents (2020 Public Hearing Draft Documents). Read below for more information and individual links.

• Final Environmental Documents
• Draft Policy Plan
• Draft Business Plan – Governance Element & Implementation Plan
• Community Action Guides

“ENVIRONMENTAL CLEARANCE

“Final Environmental Impact Report (FEIR). The County received dozens of substantive comments on the Draft EIR released in June 2019. These comments were carefully reviewed and additional analysis was conducted to ensure the County could respond appropriately. The Final EIR contains copies of the public comments, the County’s responses, and a description of the corrections/changes to the Draft EIR.

“Mitigation Monitoring and Reporting Program (MMRP). CEQA requires that when making findings regarding significant impacts, the County adopt a reporting or monitoring program for changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.

“Findings of Facts and Statement of Overriding Considerations (FOF/SOC). CEQA requires the County to adopt Findings of Facts and a Statement of Overriding Considerations when it chooses to approve a project that may result in significant and unavoidable impacts. [Input http://countywideplan.com/eir/] to access the FEIR, MMRP, and FOF/SOC.POLICY PLAN

“Draft Policy Plan. Released earlier in July, the Draft Policy Plan was updated based on public input and recommendations from community and agency stakeholders to strengthen policies on environmental justice and fire design and safety. [Input http://countywideplan.com/policy-plan] to access the revised Draft Policy Plan.

“BUSINESS PLAN:The Business Plan directs the integration of Countywide Plan goals, policies, and actions into the way the County operates and develops its budget. The Business Plan consists of a policy-based governance element and an action-oriented implementation plan, and two new implementation tools: a tracking and feedback system and fiscal analysis model. While the implementation tools will be finalized during the first year after adoption, the County has developed its Draft Governance Element and Draft Implementation Plan.

“Draft Governance Element. The Governance Element attempts to capture and preserve the existing way in which the County provides consistent, transparent, effective, and accountable governance for future leaders and the public. The Governance Element lays the foundation for County leadership, decision-making, and operational processes.

“Draft Implementation Plan. The Implementation Plan identifies the key next steps (immediate, short-term, and mid-term) the County needs to take to implement the various aspects of the Countywide Plan. The actions include initiatives by the County as well as decisions that involve public and private development projects, investments, and programs. [Input http://countywideplan.com/business-plan/to download the Draft Governance Element and Draft Implementation Plan.

“COMMUNITY ACTION GUIDES: The County released revised drafts of the Community Action Guides (CAGs) in early 2019. For all but four communities, the 2019 Draft remains unchanged and is the version that will be submitted to the Board of Supervisors. Minor changes were made to four CAGs based on continued input from community members: Lucerne Valley, Newberry Springs, Pioneertown, and Mountain (the latter is a fundamental plan covering Forest Falls and Mountain Home Village). For these four communities, the 2020 Draft represents the latest version. [Input http://countywideplan.com/cp/] to access the latest Community Action Guides.”

Thank you to MACA for sharing this e-mail with MM.

“After years of analysis and public engagement, the Countywide Plan has reached an important milestone. The final documents suitable for use and consideration in public hearings have been released. These documents were reviewed by the Planning Commission on September 17, 2020.
“Visit the Library section of the Countywide Plan for links to download all of these documents (2020 Public Hearing Draft Documents). Read below for more information and individual links.
“Final Environmental Documents
Draft Policy Plan
Draft Business Plan – Governance Element & Implementation Plan
Community Action Guides
“ENVIRONMENTAL CLEARANCE
Final Environmental Impact Report (FEIR). The County received dozens of substantive comments on the Draft EIR released in June 2019. These comments were carefully reviewed[;] additional analysis was conducted to ensure the County could respond appropriately. The Final EIR contains copies of the public comments, the County’s responses, and a description of the corrections/changes to the Draft EIR.
“Mitigation Monitoring and Reporting Program (MMRP). CEQA requires that when making findings regarding significant impacts, the County adopt a reporting or monitoring program for changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.
“Findings of Facts and Statement of Overriding Considerations (FOF/SOC). CEQA requires the County to adopt Findings of Facts and a Statement of Overriding Considerations when it chooses to approve a project that may result in significant and unavoidable impacts.
“[Put the following in your search bar”] http://countywideplan.com/home/library/ to access the FEIR, MMRP, and FOF/SOC.
“POLICY PLAN
Draft Policy Plan. Released earlier in July, the Draft Policy Plan was updated based on public input and recommendations from community and agency stakeholders to strengthen policies on environmental justice and fire design and safety.
Put the following in your search bar: http://countywideplan.com/policy-plan to access the revised Draft Policy Plan.
“BUSINESS PLAN
The Business Plan directs the integration of Countywide Plan goals, policies, and actions into the way the County operates and develops its budget. The Business Plan consists of a policy-based governance element and an action-oriented implementation plan, and two new implementation tools: a tracking and feedback system and fiscal analysis model. While the implementation tools will be finalized during the first year after adoption, the County has developed its Draft Governance Element and Draft Implementation Plan.
“Draft Governance Element. The Governance Element attempts to capture and preserve the existing way in which the County provides consistent, transparent, effective, and accountable governance for future leaders and the public. The Governance Element lays the foundation for County leadership, decision-making, and operational processes.
“Draft Implementation Plan. The Implementation Plan identifies the key next steps (immediate, short-term, and mid-term) the County needs to take to implement the various aspects of the Countywide Plan. The actions include initiatives by the County as well as decisions that involve public and private development projects, investments, and programs.
Put the following in your search bar: http://countywideplan.com/business-plan/ to download the Draft Governance Element and Draft Implementation Plan.
COMMUNITY ACTION GUIDES
The County released revised drafts of the Community Action Guides (CAGs) in early 2019. For all but four communities, the 2019 Draft remains unchanged and is the version that will be submitted to the Planning Commission and Board of Supervisors. Minor changes were made to four CAGs based on continued input from community members: Lucerne Valley, Newberry Springs, Pioneertown, and Mountain (the latter is a fundamental plan covering Forest Falls and Mountain Home Village). For these four communities, the 2020 Draft represents the latest version.
Put the following in your search bar: http://countywideplan.com/cp/ to access the latest Community Action Guides.