HOW SHOULD YOU VOTE ON MEASURE W?

San Bernardino County Fire Protection District Chief Dan Munsey appeared before Chamber of Commerce and C.O.M.E.T. members on Tuesday, February 27, at 7 p.m., to state reasons why the Department does not want voters to vote Yes on Measure W.

He first reminded attendees to cut fuel breaks or have goats, in order to lessen fire danger, and said a majority of the calls could be prevented.

Chief Munsey explained that Measure W seeks to repeal the fire tax first imposed on the District’s residents in 2018. It began in Helendate/Silver Lakes, where the residents wished to raise money for a fire station, and four firefighters including two paramedics. San Bernardino County is the largest in the nation, comprising 19,278 million square miles, 78% of which is state or federal land, on which no property taxes are paid. The District covers all non-incorporated areas in the County, including Mentone, he continued.

Chief Munsey said that the Fire District not only helps with Wildland fires but snowstorms, hazardous materials, rail derailments; 78% of the calls are medical; all fire engines have a paramedic on board and a heart attack requires multiple paramedics. Ambulance companies are going under, he added. As a result, if things are different, the wait time can be 15-45 minutes. The U.S. Forest Service cannot respond to anything but forest fires, and the County general fund is not available to provide for the District’s needs, according to Health and Safety Code Section 13800. In 2016 San Bernardino City went bankrupt and annexed properties into District FP5 but the City comes to help when it can.

As to claims that the fire tax is unconstitutional, he said, the Fire District cannot put a measure on the ballot to raise funds for the District’s stations and there have been five court challenges [Ed.’s note: they must have been unsuccessful]. He added that a station’s costs, such as for the Mentone station, must be covered by property taxes or it will close. He continued to state that a new fire engine costs $1.3 million, up from $350,000 in 2018. New stations cost from $11M to $22M to build. A (diesel) fire engine only lasts about 10 years. Tools and supplies are very expensive. Insurance premiums are expected to increase, based on logistics. The property tax fund is very short and cannot support all of the fire stations. In 2023, calls in Mentone totaled 1,247, with 364 from out of Mentone, with a total of 1,611. Mentone has one fire station with three people on duty at all times. It has an additional truck to fight brush fires. They also have hand crews heavy equipment and fire engine upgrades to pay for. No County department gets the property fire tax, he also said.

The District obtains grants to help with costs, he continued, and stated that in 2023 his department handled 106,000 calls, the 14th busiest in the state. If the District is defunded by Measure W, fire stations may have to close and response times will be lengthier, he said. Redlands only comes out if we have reciprocity. If the fire tax is not repealed, the station and personnel will be maintained.

In response to an audience member’s question why the paramedics did not come to the aid of a teen who had been in a fight, Chief Munsey concluded his talk and Q&A session by stating that they cannot respond until a Sheriff’s deputy has responded, and in that situation the deputy did not respond.

Election Day is Tuesday, March 5. Get out and vote! MM

MENTONE NEWS FROM YESTERYEAR

Years ago, newspapers published newspaper headlines from “50 years ago, 40 years ago, 30 years ago,” etc. Mentone Matters recently received newspapers dated in 1941 and 1942 and thought readers might be interested in what Mr. Reynolds published just about 82 years ago.

The March 5, 1942, (Vol. IV, No. 4) edition of The Mentone News carried these front-page headlines: “Mentone Boys to be Found In Various Branches of the United States Armed Forces; Community Aiding in National War Effort; Scores Also at Work On Defense Projects Throughout West.” Other headlines were “Blackouts have Serious Effect On Egg Production,” “Program for March C. of C. Meeting Monday Announced,” “Army Hospital Site At Mentone Still Being Considered.” It is clear from the articles what was on people’s minds in those days just three months after the U.S. declared war based on the December 7 Pearl Harbor attack and began its nearly-four-year involvement in World War II.

The “Boys” were approximately 20 young men, plus already-ranking veterans and military retirees who were called back into service. The article concluded that “In addition to the boys in the armed forces, many projects are being carried on by the home folks to aid the national war effort, and scores from Mentone are engaged in defense projects throughout the west.”

The article reported that blackouts in poultry houses – the enforced non-use of early morning lights to lengthen laying times – were claimed responsible for decreased egg production, while, the U.S. Government was asking for increased production. Blackouts were also claimed to cause moults. Some poultrymen equipped their henhouses so they could continue to use lights.

The “C. of C.” program was slated to provide information about what to do after the war, including how to deal with incendiary bombs!

The army hospital site being considered was 1,000 acres north and east of Crafton avenue. According to the article, the land was just then “being bought by the City of Redlands from the East Lugonia Water Co.”

Also, “Mentone Woman’s Club Held Business Session.” The Mentone’s Woman’s Club members were also invited to visit the Greenspot Woman’s Club, according to another article. Apparently, Mentone was even more active back then! Other headlines reported a new house being built at 1261 Olivine for a couple who moved to Redlands in 1898, a handkerchief shower for a lady who spent the winter in Mentone and was going home to Nebraska, that the Mill Creek Canyon Chamber of Commerce was petitioning the U.S. Forest Service to open the San Gorgonio primitive area to winter sports, and various severe injuries or deaths of residents.

Because of the newspapers’ fragility, Mentone Matters keeps them in clear plastic sleeves so only the front and back pages are completely visible. The back page contains ads, including “Wirth’s Mentone Inn”;

Because of the newspapers’ fragility, Mentone Matters keeps them in clear plastic sleeves so only the front and back pages are completely visible. The back page contains ads, including “Wirth’s Mentone Inn”; the property was later owned by the Millers and is enclosed in the the Mill Creek Cattle Company and Diamond Jim’s Saloon., owned now by the Millers’ daughter and son-in-law, Maribeth and Jim Lotito, said Jim Lotito. For a photo of Wirth’s Mentone Inn, see https://www.facebook.com/search/top?q=mentone%27s%20gazebo%20gazette.

The Chamber of Commerce’s ad invited “Come to Mentone, the Fastest Growing Community in the County.” According to the ad, the Chamber of Commerce was housed at 1822 Mentone Blvd., now a private residence. An additional ad for Standard Oil Products, “corner Turquoise and Mentone Blvd.,” and an ad for The Harris Company department store promised S&H Green Stamps. Notably, some other ads don’t provide an address! Classified ads included several poultry producers selling chicks and turkey poults.

Have you seen our sign on the Blvd., next to the Chamber’s billboard and Hovey Tile? MM

SENATOR TO ADDRESS MENTONE

Senator Rosilicie Ochoa Bogh will be holding a town hall meeting in Mentone Thursday Feb 29th at the Mentone Senior Center/Library from 6pm to 8 pm.

COME TO THE CHAMBER MEETING ABOUT MEASURE W

On Tuesday, February 27, at or shortly after 7:00 the Chamber will meet and host a visit by the County Fire Chief, speaking about the proposed Measure W for service area FP-5. His presentation will be followed by a Q&A session. If you have any questions, this is your chance to get them answered.

Mentone Matters would have imported the poster but it doesn’t seem to be available through the software. Anyone with expertise in this area is requested to contact MentoneMatters@aol.com with help. MM

THE BLOODMOBILE COMES BACK THIS SUNDAY

Sunday, February 11, the Bloodmobile will again be present at 1230 Olivine, Mentone (at the SdA church), from 9:30 a.m. to 1:30 p.m. All types of blood are needed and, starting this time, donors will accumulate points with each donation, redeemable for gifts or gift cards. Those who register now and walk-ins will receive a $10 Stater’s gift card.

The next blood drive is April 7; donors who register by the preceding Wednesday will receive a $20 Stater’s gift card. MM

COME AND HEAR SOME MENTONE HISTORY!

Barbara Dickinson will present photos and describe growing up in Mentone in the MACA meeting, Tuesday, February 13, 7 p.m., at the Mill Creek Restaurant.

She will share photos of Mentone taken during her childhood. If you’re interested in Mentone’s history (and who isn’t?) come hear what she has to show us. Invite your friends and neighbors, as well.

MACA will conduct a short meeting before Ms. Dickinson presents her program. MM

COME ONE, COME ALL!

REV is hosting an all-the-pancakes you-can-eat fundraising breakfast on Saturday, February 17, at 31000 Colton Way, at the Wildcat Cafe from 8:00-10:30 a.m. Participants will also be treated to music by REV’s Concert Band at 8:15 a.m., followed by the Symphonic Band at 8:45, the String Orchestra at 9:15, and the Wind Ensemble at 9:45 a.m.

Attendees will also have a chance to win two tickets to a their choice of a theme park, such as Disneyland, Six Flags Magic Mountain, Knott’s Berry Farm, Universal Studios Hollywood, Sea World San Diego, or Legoland, California.

There will also be gift basket drawings. The proceeds are to benefit the band room, transportation, uniforms and much more. MM

COMET’S APPEAL IS ALL BRIEFED!

On Thursday, January 24, COMET timely filed its Appellant’s Reply Brief (“ARB”) with the Fourth District Court of Appeal, Division Three (Santa Ana), responding to Redlands’ Opposition Brief filed two months before. Redlands’ brief had argued the five issues from its Appellant’s Opening Brief plus several that COMET did not appeal but which Redlands repetitively argued against, and which COMET had to respond to, leading to a lengthy ARB.

The five issues COMET did appeal were that it had filed a “reverse validation” brief in March 2019 and April 2021, challenging recent annexations and “pre-“annexations, whose “Agreements” COMET attached to the Complaints; however, the trial court repeatedly adopted Redlands’ arguments and held that COMET had failed to file such a case at all and even that it did not possess any excuse for not doing so. The reverse validation actions were challenges to Redlands’ demand for annexation or “pre”-annexation to its city limits before it would provide new water and sewer services to Mentone developments. [Ed.’s note: Redlands makes the same demand of San Timoteo Canyon].

COMET had also appealed the dismissal of its causes of action (divisions of the Complaint) for Civil Extortion, Declaratory Relief and Fraud; those three dismissals were also said to be based on the “lack” of a reverse validation action.

“Redlands’ excuse for the annexation demand is its own 1997 ordinance, despite Supreme Court case law that says the opposite and was enacted long before 1997,” said attorney Joyce Caraway.  “Additionally, if the property to be developed is not ‘contiguous,’ or next door, to Redlands’ city limits, it has invented the fictitious ‘pre’-annexation, meaning that the owner will not fight annexation when Redlands is next door. That fictitious idea was prohibited by the legislated Code, which was upheld by the Supreme Court years ago,” she added.

The two other issues were whether Redlands is immune from suit, as Redlands claims; and whether COMET has the right to sue on behalf of all but five Mentone households, as COMET claims. Those five households opted out in response to a card that COMET sent out in 2022 to all 3,202 addresses in Mentone’s zip code of 92359. Some residents also voiced their approval of the lawsuit by email or phone call.

The attorneys for both sides waived oral argument before the court. “All that remains now is for us to wait until the three-justice court wades through all of Redlands’ false arguments and our truthful arguments and evidence. It will then issue its written decision, either agreeing with us or with Redlands; an interesting event was that the case was sent to Santa Ana because that court is not as busy as the one in Riverside and thus we may receive the decision sooner than if it were decided in Riverside,” concluded attorney Caraway.

Anyone wishing to read any of the three actual documents may obtain electronic copies by emailing attorneyjoycecaraway@aol.com.MM

COMET FILES APPELLANT’S OPENING BRIEF

C.O.M.E.T. (Citizens [or Community] of Mentone Empowered Together)’s counsel filed its first Brief in its appeal of the court’s granting of Redlands’ Motion for Summary Judgment or Summary Adjudication [Ed.’s note: Judgment without a trial] on September 19, 2023. “The Honorable Donald Alvarez, had agreed with all of Redlands’ points and effectively threw out the case against Redlands,” COMET’s counsel said.

COMET Brief first appealed the judge’s decision on COMET’s allegations of Civil Extortion: Redlands’ threat of injury to property being developed, by Redlands’ refusal to provide new water and, where required, sewer services, unless the developer first agreed to annex the property into Redlands’ city limits. “The judge had first agreed with Redlands that COMET had not alleged threat of prosecution and gave COMET an opportunity to allege facts of threat of prosecution for not signing the annexation “Agreements”; however, this was never our allegation,” stated COMET’s counsel. “Then the judge ruled that Redlands did not injure property or acquire property but never ruled on our allegations of Redlands’ threat of injury to property,” COMET”s counsel added.

The next point in the appellate Brief states that Redlands argued that COMET had not filed a timely reverse validation action. “A challenge to an annexation was required to be brought within 60 days of the action,” COMET’s counsel stated,” “and our Original Complaint attached an annexation “Agreement” dated within two weeks of it being filed. Thus, our challenge to that annexation and successive annexations was timely. Throughout the case Redlands made the same claim, and the judge agreed, despite ongoing annexations and several copies of the annexation “Agreement” present in the files.

“He then threw out other causes of action, such as Fraud and Declaratory Relief, based on ‘no reverse validation,’ but not on the merits of those causes of action,” she added.

“Additionally, he had decided early on that Redlands did not have the ‘immunity’ from a lawsuit that it claimed, and then in his last ruling reversed himself without explanation,” she continued. The brief also states that the judge had apparently decided that COMET had all four types of “standing,, [Ed.’s note: the right to bring the action] and then in his last ruling decided that COMET had “associational” standing by virtue of its members having the right to sue. He stated he did not need to address COMET’s taxpayer, common interest or public benefit types of standing, although COMET is a registered Public Benefit Corporation. Conveniently, the brief continues Redlands had only provided evidence on associational standing,” she continued.

The Brief’s listing of points includes that the judge did not rule on Redlands’ “pre”-annexations; the Brief states that the Code and Supreme Court case law requires annexed properties to be “contiguous,” or next door to each other, at the time of annexation, but Redlands requires property owners to agree to annex later, when the properties are next door to each other, a violation of law..

The Brief also argues that the judge did not address Redlands’ demanded Development Impact Fees or DIFs for fire, police, library services and parks, for which Mentone property owners also pay the County.

“Redlands’ evidence in support of its Motion for Summary Judgment or Summary Adjudication was incompetent,” COMET”s counsel added. “It attached questions to COMET by one party but COMET’s answers to another party’s questions, and they were different questions; there were other, similar flaws. If any such flaws occur, the Motion must be denied,” she concluded. The Brief also states that the judge erroneously refused to consider COMET’s evidence which was contrary to that which Redlands provided, based on a technicality that the court did not impose on Redlands in ruling on its earlier document.

The Brief’s final point was that Redlands continues to annex properties illegally, but the judge refused to consider the “continuing violations of law” doctrine, that would have eliminated the need for a timely reverse validation action.

The Brief’s historical facts included Redlands’ annexing Mentone territory beginning in 1888, when it took property west of Wabash, from Lugonia South to Brockton; down through its 1956 annexation of Mill Creek; and its 1997 enactment of “Measure U,” which it claims authorizes its present demands for annexation in exchange for water and sewer services.

Redlands’ counsel has the opportunity to oppose the Brief’s points and then COMET has the final word in its Reply brief, due sometime in January.