How Do you Like our New Opening Page?

Crafton Hills College Web Development professor Ed Papp has provided MM with a new intern, Levi Remington, who has been hard at work assisting us in posting forwards and other pieces and also revising the banner. He will also be revising the archives to be continuous with the present news so readers won’t have to click on a link to read back issues; those include the ones previously sent by e-mail. Comments on MM’s new look are welcome.

MM

Back by Popular Demand! COVID-19 SCAMS and Healthcare Fraud Webinar

California SMP

These are troubling times and the robocallers and COVID scammers are out in full force. If you missed our May webinars, please tune in to our California Health Advocates Senior Medicare Patrol webinar on COVID-19 SCAMS and Healthcare Fraud on Monday, July 13 at 11am (Pacific) and learn:

  • How to spot the scammers
  • What offers to beware of
  • How to identify Medicare fraud schemes
  • Where to report fraud
Details
Date:Mon, Jul 13, 2020
Time:11:00 AM PDT
Duration:1 hour
Host(s):Micki Nozaki
Presenter Information
Micki Nozaki

Micki Nozaki is the Director of the California Senior Medicare Patrol (SMP). Micki had previously served as a Health Insurance Counseling & Advocacy Program (HICAP) counselor, offering in-person Medicare counseling at Micki Nozaki is the Director of the California Senior Medicare Patrol (SMP). Micki had previously served as a Health Insurance Counseling & Advocacy Program (HICAP) counselor, offering in-person Medicare counseling at several sites throughout Orange County. Her professional experience includes 25 years in the private sector, for mainly healthcare, insurance, and government-contracted organizations, where she lead the development, implementation and promotion of information security and privacy programs.

We get letters…

The so-called “Antifa” march in Yucaipa was attacked by racist thugs. (As if Antifa would know or care about Yucaipa; and there was nowhere near “about sixty” of them). They were peacefully marching up the Blvd. when thugs, some wearing MAGA hats, attacked them. (See the whole video below and on which side of the street this took place.)

The video you posted was initially posted on youtube by a white supremacist who goes by the name of Ali Adolf: Here is more of his repertoire:
https://www.youtube.com/channel/UC_RqNKytX-C59s0WBJzZeDw

Here is the whole original video before the racists did their edit:
https://www.youtube.com/watch?v=B1WX3K9Nni4&fbclid=IwAR1xaCdCryNFy54YMj5ua8Yqa2LPuQYcW2YGYfYnD_fQ05JNpUn6_AUTJS8

Fix it!

– reader

PROTESTERS/RIOTERS/LOOTERS REACH MENTONE!

RIOTERS/LOOTERS REACH MENTONE!

As reported by Jeff Bryant by e-mail, special to Mentone Matters:

“-Sugar Shack sign is missing
-My Good store/76 gas station that is caddie corner from CVS on Mentone/Wabash needs their sign above the door replaced
-Minor Graffiti on the side of the Book Binding/Repair shop”

“Will let you know if we find out more info. So limited damage as of now.

Bryant had earlier reported
“I just saw one lady protester by the Mentone Sign next to the Tile Shop. Most of the shops are closed except for the gas stations, auto mechanics, Dollar General, Beach House, A&W and Mill Creek are still open. Circle K manager said they are not closing at 6PM for curfew.

“An hour ago approximately 60 protestors were heading down Yucaipa Blvd from the upper crest towards City Hall. Saw 6 deputies total and 3 CAL fire chief trucks. If you go West of Bryant 3 blocks you start to see half the business boarded up with plywood on the windows between there and the Best lumber Yard. Hickory Ranch Steak House is all boarded up with about a dozen workers guarding the Steak House. Lots of vehicle traffic on the Blvd there in Yucaipa now.

“I hear there is chaos in Redlands towards downtown, but did not go there. Will continue to monitor the situation and let you know if businesses need help here in town.”

MM hopes this will be the end of the chaos in our town and elsewhere; stay vigilant and safe.

Also see:

Antifa ‘Invades The Suburbs’ in Yucaipa, CA… It Does Not End Well For Them

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

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.

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.

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.

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

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.