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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

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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.

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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.

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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

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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.

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Mentone’s Lawsuit Against Redlands and LAFCO Continues

At Defendants City of Redlands’ and LAFCO’s insistence that the Attorney General prosecute the action or grant leave for COMET to continue to do so, its lawyer sent an Application and proposed First Amended Complaint to the Attorney General’s Los Angeles office. 

On the last day to do so, Defendants – both represented by the same Best, Best and Krieger office – served and filed their opposition. It contained several arguments, one misstating the actual allegations of the complaint, but provided very little or no legal support of its positions that COMET’s lawsuit is either too late or too early, that the “quo warranto” (“by whose authority?”) cause of action is not the proper remedy. Quo warranto actions do not have a statute of limitations, by which the lawsuit could otherwise be too late. COMET’s response: it is proper because Mentonites did not know that Redlands took to itself the “authority” to demand annexation by enacting its 1997 “Measure U” or that it has taken much territory to itself by presenting its “Annexation Agreement” to developers, demanding annexation to its city limits in exchange for water service to new developments.

COMET also replied that the “Agreement” contains eight other demands that COMET deems to be overreaching. Redlands’ demand avoids Mentone’s vote whether to be annexed or not (which is authorized by Government Code section 57075 and following sections). Because the quo warranto procedure is most often used to challenge someone holding an office without authority (but still available in the manner that COMET is using it), defendants also argue that it would “disrupt governmental operations” and therefore not be in the public interest. COMET’s response states that no disruption would be caused by Redlands’ being ordered to cease using its Annexation “Agreement,” demanding annexation and the eight other offending parts, and that the relief it seeks is of importance to every unincorporated area that is in the sphere of influence of a city which provides utility services. To COMET’s knowledge, there is no other such situation existing or which has existed in California.            

Defendants also argue that there is no “substantial question of law or fact.” COMET countered that Redlands’ alleged illegal extortion of Mentone territory in exchange for water, and LAFCO’s ratification of that illegal action, is indeed a substantial question of law or fact. Defendants also argued that the same facts are alleged in other causes of action and therefore the quo warranto is unnecessary and that “extortion” is not a proper basis for a quo warranto action. COMET replied that it is required to plead all available causes of action on the facts. 

Defendants next argued that COMET shouldn’t receive water service without being a part of the City and its regulations, to which COMET replied that Redlands had applied to LAFCO to do so many years ago and actually provided water for many years without demanding annexation, beginning in 1997. Defendants also argued that COMET hasn’t proven its case in its Complaint; COMET replied that it need not do so.  Defendants also argued that COMET hasn’t provided any facts showing that the annexations were completed, and admit that “in the future, should the City complete any additional annexation of portions of Mentone, COMET would be on much firmer ground to challenge such annexations” by the quo warranto procedure. COMET’s reply quoted portions of the Complaint and its Application stating that it has lost territory by Redlands’ demanded annexations. 

Defendants’ opposition did not oppose the other cause of action – “Unfair Business Practices” – that COMET requested leave to continue prosecuting. Nor did it address COMET’s allegations of unlawful and exorbitant fees that Redlands charges developers – for fire, police, library, parks, City buildings, and so on, that do not benefit Mentone in any way and are probably passed along to the next owners. 

The Application, Opposition and Reply will be looked over by Los Angeles’ Deputy Attorney General, who will make their recommendation; then it will be forwarded to Sacramento for Attorney General Xavier Becerra to make the final determination. The Los Angeles Deputy Attorney General could not give a time estimate for this decision to take place. COMET has granted defendants 30 days to answer after COMET files its First Amended Complaint. 

In the meantime, COMET presented a claim for damages to the City of Redlands, which had 45 days to respond. It responded within three days that COMET’s claim was late and invited COMET to file an application for leave to file a late claim, which COMET’s attorney did. After 45 days, whether Redlands allows the late claim or not, COMET may add Mentone’s money damages to its suit. 

Also, Tom’s Burgers is proceeding toward completion; however, there is no estimated timeline.

Mentone Matters will continue to keep you up to date on the progress of the lawsuit.

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Proposed Legislation to Protect Mentone – Update 2

Developer Raul Madrid tells Mentone Matters that the chair of the Governance and Finance Committee, Mike McGuire, “doesn’t like” our proposed amendment to SB 646, 56133(b)(2), which would protect Mentone from forced-annexations to the City of Redlands, so we have to do what we can to change his mind and influence the other Senators in our favor. We have a deadline of May 1, 2019 because, according to Madrid’s contact at Sen. Morrell’s office, the bill is going back to Committee then. 

Mentone Matters urges its readers to download the attached sample letters, print or copy/paste them into a document, an email or use Senate Committee Members’ “Contact Me” forms, as provided in the last update, and mail or email the letter to the Committee members before the May 1 deadline. Be sure to include your name and address in the letter before sending it. Thank you.

MM

SB 646 Draft Support LetterDownload
Mentone Resident SB 646Download
Mentone Property Owner SB 646Download
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Updated Information on Proposed Legislation to Protect and Benefit Mentone

Developer Raul Madrid, who submitted the proposed legislative amendments that State Senator Mike Morrell introduced as SB 646 – one amendment that prohibits forced annexation in exchange for water and another that governs fees the City may charge, the latter of which was passed through Committee – contacted Senator John Moorlach’s office in regard to the previously-believed-dead amendment to Government Code Section 66013(b), added as (b)(2).  Sen. Moorlach is a member of the Governance and Finance Committee which is considering SB 646 before it is forwarded to the entire Senate for passage. 

Sen. Moorlach’s staff stated that 66013(b)(2) is not dead but is in limbo; it will be sent back to Legislative Counsel and then returned to the Governance and Finance Committee from which, if all goes well, it should go to the entire Senate.  [Ed.’s note: Now MM knows why all of Section 56133 was crossed out as posted previously on MentoneMatters.org: so the amendment to section 66013(b) would be the only one enacted at that time.]

Various Redlands and LAFCO personnel have stated their belief that Mentone will be in Redlands someday. Now is a good opportunity for everyone in Mentone to contact the Senators on the Committee and ask them to vote in favor of the rest of SB 646. 

 As previously reported, the Committee members are:

Senator Mike McGuire, available at senator.mcguire@senate.ca.gov.

Senator Melissa Hurtado, available at senator.hurtado@senate.ca.gov.  

Senator John M. W. Moorlach, available for contact through his official website, here.

Senator Jim Beall, available for contact through his official website, here.

Senator Jim Nielsen, available for contact through his official website, here.

Senator Scott D. Wiener, available for contact through his official website, here.

Senator Robert M. Hertzberg, available for contact through his official website, here.

Because these Senators are from all over California, be sure to explain why it is so important to us in Mentone. You are welcome to write your own letter or use the following, by either e-mail or snail mail:

“State of California Senatorial Governance and Finance Committee 

Senator Mike McGuire

Senator John M. W. Moorlach

Senator Jim Beall

Senator Robert M. Hertzberg

Senator Melissa Hurtado

Senator Jim Nielsen

Senator Scott D. Wiener

State Capitol, Room 408

Sacramento, CA 95814 

Re: SB 646 

Dear Sirs and Mme: 

I reside (or am a property owner) in Mentone, California, an unincorporated territory which has been forcibly taken over by Redlands, piece by piece, for many years. We in Mentone object to the forced annexation, which is required in exchange for water and – where it is available – sewer services to any new developments, and believe it violates the law prohibiting extortion. That is, although we are in Redlands’ sphere of influence, they have no right to demand that we give over governance of our area to Redlands, instead of the County. 

We are aware that people from Redlands have been very influential against this bill, solely for their own interests, but that doesn’t make it right that the bill should die in committee. We have very few other resources with which to fight Redlands’ greedy takeover. Please pass this bill through your committee. Thank you. 

Very truly yours, 

[Your name]”

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ANTI-ANNEXATION AMENDMENT KILLED IN COMMITTEE

Text removed from SB 646 would have protected Mentonites from forced annexation.

State Senator Morrell’s SB 646 went to the Senate’s “Governance and Finance Committee” in March. MM’s readers may remember from the previous article that two provisions were involved: Government Code sections 56133(b)(2) and 66001. The Committee had until April 10 to amend the code sections, which it did as to Section 66001, adding that agencies that charge fees for one use are prohibited from using the money for another use.  It amended that law on April 11. 

However, 56133(b)(2), which stated, “The city or district providing the extended service… shall not deny the extension of a utility service to a property owner located within the extended service area based upon a property owner’s election not to participate in an annexation or preannexation proceeding,” was not passed through Committee and thus is “dead” for all intents and purposes for this year.

This follows what various local residents have been hearing and passing along to MM: that Redlands was certain that the amendment would not pass Committee. 

As MM receives more information as to who was behind the killing of Mentone’s protection by the Legislature, it will pass that information along to its readers.

  • SB 646, pg. 1
  • SB 646, pg. 2
  • SB 646, pg. 3
  • SB 646, pg. 4
  • SB 646, pg 5
  • SB 646, pg. 6
  • SB 646, pg. 7
  • SB 646, pg. 8
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LATEST ON THE LAWSUIT

Redlands was served at its City Council meeting on March 5; it had 30 days in which to respond.  COMET’s attorney received a phone call from Redlands’ litigation counsel at Best, Best &  Krieger, regarding a required “meet and confer” before it files its demurrer, giving the attorney who filed the Complaint an opportunity to correct it. When sued, Redlands can either file an Answer or Demurrer. A demurrer is a document filed in Court for a hearing, at which the parties’ attorneys appear and argue, if necessary. The demurrer tests whether the Complaint states facts sufficient to satisfy the requirements of the causes of action (the actual requests for relief, which appear after the “Statement of Facts” in the last MM issue).  BB&K followed up the phone call with a letter outlining its reasons for demurring. The letter addressed all of the seven causes of action, suggesting various defects in each. 

For various reasons, COMET’s attorney stated she could not “meet and confer” on April 8, the suggested date, and gave Redlands extra time, during which COMET’s attorney will address the points in the letter one by one and take whatever steps might be necessary to ensure the lawsuit goes forward. 
LAFCO was served with the Complaint at its last meeting, March 20. Another litigation attorney from BB&K, but in another location, is representing LAFCO; he also called COMET’s attorney and stated his intention to go with whatever Redlands’ counsel wrote. COMET’s attorney granted them the same extension of time, although its response is not due for two to three more weeks. He did not appear to recognize any “conflict of interest” between the same firm representing both Redlands and LAFCO, who is included in the lawsuit because of what Redlands has done. Some law firms get around conflicts of interest by having different locations handle each case. 

If a demurrer is “sustained” in a court hearing, the Court may allow the Complaint to be amended – rewritten – to conform to the requirements of any of the causes of action. The defendants, Redlands and LAFCO, then have the opportunity to respond again. If, instead, the demurrer is overruled at the hearing, the Complaint stands as it is and the case continues. There is the off chance of  the Complaint being thrown out without allowing amendment, but that is rare; the Courts prefer to allow litigants time to make such corrections as are necessary to state their case, usually up to two or three times. 
If the Complaint is thrown out, the “losing” attorney may appeal to the Fourth District Court of Appeal in Riverside if there are sufficient grounds. 

MM will keep you posted on developments.