According to their e-mail sent out on Monday, February 10, the Red Brennan Group planned the next day to deliver their petition, requesting their FP-5 repeal be placed on the November 2020 ballot. On behalf of proponents Rick Sayers, David Jarvi, and Charles Pruitt, they intended over 34,000 “raw” signatures to the San Bernardino County Registrar of Voters.
“Rather than tell the story of the signature gathering campaign, I point you all to the writeup in the San Bernardino County Sentinel. Here is the link: http://sbcsentinel.com/2020/02/top-county-lawyers-ploy-failed/. Long story short, we gathered well in excess of the actual number of signatures required by state law. A last minute assist from the Howard Jarvis Taxpayers’ Association helped us to clarify requirements with the county,” said Tom Murphy, sender of the e-mail.
The Red Brennan Group had filed suit against the County, who instituted the fire tax to all properties in the County; Mentone had joined in the lawsuit. The Group’s Facebook post for February 8, 2019 tells the story of the lcase and its end. [Ed.’s note: the same Judge Alvarez denied relief to Mentone in its lawsuit against Redlands’ takeover of Mentone territory; Mentone is awaiting the appellate court’s ruling on its petition for writ of mandate] to Judge Alvarez.]
“Please contact me at tmurphy@redbrennan.org if you have questions or comments,” he added, and gave his number as
(760) 810-5830.
OOPS!
The Op-ed piece was supposed to go under the link so that whoever wanted to know MM’s opinion could click n it. Instead, it went into the news area.
REDLANDS NOT GETTING IT RIGHT AGAIN
Civil engineer Steve Rogers, who – although he does not live in Mentone -has been actively helping to protect Mentone’s interests for the past give-or-take 10 years, recently forwarded to Mentone Matters the following points he made in writing to the city of Redlands, regarding its General Plan, back in 2017. Readers may be most interested in numbers 2, 3 and 5:
“The following additional comments are hereby provided concerning the City of Redlands General Plan Update (GPU) and Final Environmental Impact Report (FEIR):
1) Comment letters as provided by the State of California Department of Transportation (CalTrans), dated September 8, 2016, and the San Bernardino County Department of Public Works, dated June 23, 2017 and concerning the scope and analysis of the Traffic Impact Analysis (TIA) as being inadequate, have been ignored by City staff and the GPU EIR consultants with the Final Environmental Impact Report (FEIR) documents.
2) Figure 3.15-1 Existing Roadway Classifications shows the future extension of San Bernardino Avenue as a Proposed Arterial street to be constructed east of Crafton Avenue in the Mentone area and bisecting the former Lockheed contamination site, then curving southerly through property owned by the San Bernardino Valley Water Conservation District and eventually connecting to State Route 38 east of Garnet Street. This new intersection of San Bernardino Avenue as proposed with the State Highway (as well as with Garnet Street) has not been properly analyzed with the GPU TIA as was prepared for the EIR-FEIR and has not even been conceptually considered or approved by CalTrans, the agency responsible for the State Highway System (SHS).
3) Figure 2.3-1 General Plan Land Use inappropriately shows the Pre-zoning of property located within the unincorporated territory at Mill Creek Rd (SR38) and Garnet Street to Commercial, a change that impacts the existing historic Mill Creek store rock structure.
4) A notation on Figure 2.3-1 General Plan Land Use pertaining to the newly created Transit Village Overlay Zones associated with the Redlands Passenger Rail Project (RPRP) reads “Mixed Use Core areas and other Transit Village details are shown in maps in Section 4.5.” However, no such section is contained in the documents held in the City Clerk’s office or the Smiley Library.
5) The 200-ft wide strip of property owned by the San Bernardino County Flood Control District, east of the Wabash Avenue alignment in the Santa Ana River Wash area (APN 0168-311-02) appears to have inappropriately been annexed into the City of Redlands in 1958/9 as “inhabited” (vs “uninhabited”) territory.
6) The Redlands Sk8Park project was originally proposed to be built on property located off Park Avenue, west of University Street (APN 0170-191-38) on the southside of the railroad tracks adjacent to Sylvan Park. This property was sold by the City of Redlands to the Redevelopment Agency (RDA) by City Council action on January 15, 2008 ” for the purpose of developing future affordable housing.” Figure 2.3-1 General Plan Land Use shows the subject property instead as “Parks/ Golf Courses” and therefore would be the appropriate site for the proposed Redlands Skatepark project as opposed to destroying a portion of historic Sylvan Park which will be further impacted by the future Redlands Passenger Rail Project (RPRP), where SanBAG (now sbcta) has already incumbered an 18-foot wide strip of property along the southern edge of the park, adjacent to Park Street, under a 2015 License Agreement for use with the RPRP.”
MM believes that Redlands basically ignored these comments, especially as they relate to Mentone’s interests. MM
We Goofed!
MM has received some corrections to its piece on the Film Festival: instead of 60-70 people attending, 180-190 people attended. Woo-hoo! Instead of Diamond Jim’s Saloon it should have been reported as Diamond Jim’s Opera House (they have been using this title for concerts/special events). Instead of the short film being title “Zanja” it should have been short film “Zanja Creek,” which is also available on Vimeo (high resolution version). Instead of November 6 being Thursday, it is November 5th. For future locations being a tent on vacant land, with Mill Creek Saturday night red carpet, locations/venues have not been confirmed, (Ed.’s note: Mill Creek was confirmed at the lat C.O.M.E.T./Chamber meeting). Definite locations will be announced soon! Thanks for the updated info, Jeff Bryant. MM
UPDATE ON MENTONE VS. REDLANDS:
Counsel for C.O.M.E.T. (Community of Mentone Empowered Together) filed a Motion for six injunctions against future conduct before Superior Court Judge, the Honorable Donald Alvarez, in July; Redlands’ and LAFCO’s counsel opposed the Motion, on the basis that C.O.M.E.T. should have filed a “reverse validation” action challenging completed projects. Several weeks after the hearing on the Motion, Judge Alvarez, who ruled in Greenspot’s favor on the “Harmony” Project, denied it. C.O.M.E.T.’s counsel then filed a Petition for Writ of Mandate with the Fourth District, seeking an order of that Court that Judge Alvarez change his decision to comply with the law C.O.M.E.T. had provided.
The Injunctions sought Court orders that “1) Redlands cease demanding annexation of a new development to Redlands City Limits in exchange for water or sewer service, so as to take Mentone territory to itself, whether via its annexation “Agreements” or any other methods; 2) Redlands cease enforcement of all provisions of executed said annexation or “pre-annexation” “Agreements”; 3) Redlands cease requiring payment of “Development Impact Fees” (“DIFs”) for services it does not provide, such as fire, police, library, parks and others; 4) Redlands cease requiring payment of “Development Impact Fees” that exceed the reasonable cost of providing the services it does provide, which violates its own adopted professional development fee impact studies, in order to receive water and sewer service; 5) LAFCO cease its violation of Government Code §56133(e)(4); and 6) prohibited any lobbying or other interference by Redlands, LAFCO or any other party against passage of proposed legislation that would prohibit Redlands from demanding said forced annexation from Mentone.” Early in 2019, Senator Mike Morrell had introduced a bill prohibiting governmental entities from demand No. 1 above, but it “died in committee.” LAFCO is alleged wrongfully to have approved Redlands’ alleged extortionate annexations.
Meanwhile, C.O.M.E.T.’s counsel had also filed a Motion for Relief from Government Code section 945.6. The Motion for Relief requested that the Court allow late claims against Redlands for its annexations of Mentone territory, of which Mentone did not know until much later, and alleged compliance with a three-year statute of limitations, imposed for fraudulent transactions. Redlands’ and LAFCO’s counsel opposed, and C.O.M.E.T.’s counsel filed a reply. Several weeks after the hearing Judge Alvarez denied that, as well.
C.O.M.E.T.’s counsel then filed a Petition for Writ of Mandate to the Fourth District Court of Appeal on Monday, January 27. The Writ Petition alleges that LAFCO’s rules, set down by the Legislature, prohibit a City from voting on annexation because the rules only provide for voting by the “affected territory,” i.e., an unincorporated area such as Mentone. This was held in the Supreme Court’s case of “Citizens Against Forced Annexation v. LOCAL AG. FORM., 32 Cal. 3d 816, 187 Cal. Rptr, 654 P. 2d 193 (Cal Supreme Court, 1982),” in which the situation was the reverse of Mentone’s: Eastview wanted to be annexed to Rancho Palos Verdes, which didn’t want the annexed territory but the Court held that it had no vote against annexation. Thus, the Petition states, Measure U, under which Redlands has demanded annexation for more than 19 years, was void from the beginning.
Moreover, the Petition states, the Supreme Court case of “Hansen v. City of San Buenaventura (1986) 42 Cal.3d 1172, 1188-1189, 233 Cal. Rptr. 22, 729 P.2d 186 [held] that a city acquiring the water system of another community was under the same obligation as the grantor to continue the service and supply water to all who may become entitled to it in the future.” Redlands’ and LAFCO’s Opposition argued that a First District case gave Redlands the right to demand annexation in exchange for water [Ed.’s note: Supreme Court law “trumps” a State’s District Court so it can’t be overturned, as Redlands seemed to be arguing and Judge Alvarez’s decision adopted].
The Fourth District’s reputation is that Writ Petitions are often denied summarily (without explanation); if they are not, the other parties have an opportunity to respond and then the Petitioner has another opportunity to argue their case. The decision may or may not be published, depending on the effect on established case law on the subject. If the Petitioner or Respondent is unsatisfied with the decision, they may appeal to the Supreme Court, which doesn’t take every case referred to it for review but often does if it involves conflicts in law between two or more District Court decisions. In the C.O.M.E.T. vs. Redlands case, there may be a conflict between the Supreme Court cases that C.O.M.E.T. relied on and the case Redlands’ and LAFCO’s counsel argued.
A Motion is a written document, filed and scheduled for hearing; oral argument is made at the hearing by the attorneys involved. A Petition for Writ of Mandate can be made to the Superior Court or the Fourth District Court of Appeals, who receives the case after it has been heard in the Superior Court, or it can be made to the Superior Court in the first place. There are strict deadlines for filing lawsuits, motions and writ petitions but the only deadline for the Superior Court Judges is 90 days for a motion. MM
WHAT DOES THE SAN BERNARDINO COUNTY WATER CONSERVATION DISTRICT DO?
According to Richard Corneille, retired from the SBCWCD and president of the Water Board, at the Chamber of Commerce meeting on Tuesday, January 28, the District does not provide water; it comes from Northern California. The District’s job is to capture as much of the River and other sources such as the mountains, as possible and replenishes our water supplies underground. Its main intake is in the Wash just east of Garnet Street and also east of the aggregate mining by CEMEX, etc., which pay the District for doing so The District is comprised of 50,000 acres, 70,000 acre feet of water, only 1,000 acre feet of which would supply one or two homes for a year. (Also, see brochure below)
The SBCWCD purchased 25 acres of the former Lockheed property (now Seven W Enterprises) and its basins; in response to audience members’ questions he said the water quality is constantly monitored for toxins. Lockheed paid for cleanup for years, he stated. The District plans to keep the area in its present habitat and as a buffer, protecting several native animal and floral species (but not Mentone residents, he admitted in response to an audience member’s joke). The San Bernardino Municipal Water District is much larger, he explained. The District also owns and rents a four-bedroom house to Steps4Life, which provides transitional housing for persons, from homeless to their own home, said Corneille. MM
Water-Conservation-Brochure Water-Conservation-Brochure-IIUpcoming Events
Adopt a Highway: February 1 (this Saturday): meet at 7:30 at the Chamber of Commerce office/Noteworthy Realty, 1911 Mentone Boulevard. Everyone is welcome to clean up the Boulevard for a couple of hours. If you haven’t volunteered to do so before, CalTrans requires you to watch a short video, then head out to clean up.
On February 6 at the Redlands Senior Center, 111 W. Lugonia at 9 a.m., the County Aging and Adult Services will hold their once-every-four-years event for years 2020-2024. Everyone is invited to attend and give input as to ideas of what Aging and Adult Services can do for seniors in Mentone. The County department will implement new programs or modify existing programs based on community input.
The Senior Center at the Library will hold its Valentine’s Day pizza party on February 12 from 12-2.
The Chili Cookoff will be on June 13 this year, Mentone’s 123rd anniversary. Volunteers are invited to submit chili crockpots, as well as to coordinate the cookers, the parking or the vendors. To volunteer, call the Chamber office at 909-362-7860.
More on the successful First Annual Film Festival: 60-70 people attended most of the day at the Mill Creek Cattle Company, in the Diamond Jim’s Saloon. Mill Creek provided a popcorn machine, there were 20 entries and a red carpet with the Mill Creek insignia were features. One feature was a short film on the Zanja, which is accessible on Gazebo Gazette’s Facebook page. Awards were trophies and pictures. The 2020 Second Annual Film Festival will be around November 6 for three days, starting with Thursday’s “Meet and Greet,” Friday night and all day Saturday, in a tent on the vacant land next to Hovey Tile (by the Chamber of Commerce sign). Mill Creek Cattle Company will host the Saturday Night red carpet event. More details will come later.
DRAIN THE SWAMP!
At the M.A.C.A. (Mentone Area Community Association) meeting last Tuesday, a representative of the County Public Health Department introduced the Aedes mosquito (see brochure below). It is very small, she said, and can breed in very little water. It lays its eggs on the sides of containers and the eggs can lie dormant for up to a year. Very hot and cold weather affect it but it does well in temperate weather. It has a 7-day life stage. Only the females bite and they are attracted to heat, light and body odor – even if we can’t detect it! She continued that it bites mostly between the knee and ankles and itches really bad; it feeds in stages, rather than all at once. It also feeds in the daytime and can even come down the fireplace. The Zika virus it carries can be transmitted to unborn babies, through transfusions and when people go out of the U.S. Symptoms are flu-like: fever, rash, pain; tests to detect it include blood and urine. There is no vaccine or medication; victims have to ride it out. It can also carry yellow fever and West Nile fever.
To avoid having them breed in your yard, she said, get rid of all standing water: tires and saucers are their favorite, she said. Changes pets’ water every three days. For some vessels, you can get granules to put in water; for ponds you can get free mosquito fish from the Department’s headquarters. Bracelets made with DEET to repel the mosquitoes are also available.
INTERESTED IN MENTONE HISTORY? On January 27, 2020, at 7 p.m. at the Contemporary Clubhouse, 173 S. Eureka, Redlands, Marie Reynolds, whose grandfather-in-law published the Mentone newspaper from the 1930s to 1943, will give a talk on Mentone history.
SB-County-Mosquito-InfoM.A.C.A. VP PASSES
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.