Posts Tagged ‘brown act’

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CLICK THIS LINK TO VIEW FULL YOUTUBE VIDEO OF ATTORNEY MELCHING & MAYOR MANN BREAKING THE LAW

UPDATE: PRESS ENTERPRISE: FRIDAY 13, 2015: CASSIE MACDUFF: KEEPING ORDER? LOOKED MORE LIKE A CLAMPDOWN TO ME.  Well, I’ve watched two different videos of what happened that night several times, and it sure looks to me like they clamped down because they didn’t like what Katie Minnear and Vivian Moreno were saying, not because of some imaginary decorum violation.  If anyone breached decorum, it was City Attorney Jeff Melching, not the two women.  The people have an ironclad right to seek redress of grievance from their government.  Read the U.S. Constitution.  It’s right there.  It’s also in the California Constitution that the citizens have the right to “instruct” their public officials – and the Brown Act describes the platform: public meetings.

“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.” [Special Message to the Congress on the Internal Security of the United States, August 8, 1950]” ― Harry S. Truman, 33rd President of United States.harry-s-truman-via-abcnews-go-comAgain Mayor Mann, “If you can’t stand the heat, get out of the kitchen.” – Harry S. Truman  Therefore, Mayor Mann, you shouldn’t have taken the job if you were unwilling to take on the pressures.

On Wednesday February 4, 2015 City Attorney Jeffrey Melching attempted to correct Riverside Advocate Vivian Moreno regarding a point of decorum when addressing the Mayor and Counsel. Moreno brought up case law Baca vs. Moreno Valley Unified School District in order to correct City Attorney. Incidentally, Mayor Mann said he was familiar with the case.  But again, Mayor Scott Mann did not care for Moreno addressing him as a “bully” which led to her being escorted out of Council Chambers. Mayor Scott Mann for years has been denying the taxpayers of Menifee their First Amendment right to free speech.  We were told later that they usually only have one sheriff’s deputy at council, they had two because they knew Moreno was coming.  Round one, let’s see who wins this…  Moreno stated to the Mayor Mann, ‘there is nothing that incensus me more than a Mayor who is a “bully.”‘  Somewhere in the Council Chambers, someone exclaimed, “Don’t you dare!” While Moreno was addressing council and defending her first amendment rights.  Melching made comments toward Moreno that she was “displaying boisterous behavior.”  Later Melching publicly made the comment toward Mayor Mann that “she’s making a scene.”

New word, “Incensus”..to be set on fire..

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The people of the State of California do enact as follows:

SECTION 1. Section 54954.3 of the Government Code is amended to read:

(c) (1) Subject to reasonable regulations promulgated pursuant to subdivision (b), the legislative body of a local agency, or its presiding officer or staff, acting in their official capacity on behalf of the legislative body, shall not prohibit, limit, or otherwise prevent any of the following:
(B) Comment by a member of the public during presentation of an agenda item who has not provided notice of his or her desire to comment prior to consideration of the agenda item by the legislative body.
(C) Comment by a member of the public based on his or her viewpoint where the comment is within the subject matter jurisdiction of the legislative body.
(2) If a legislative body limits the total amount of time allocated for public testimony on a particular issue or for each individual speaker, the questioning or interrupting of the speaker by the legislative body, its officers or employees, and the speaker’s response to questioning shall not reduce the total time allocated for public testimony on the particular issue or allocated for an individual speaker.
(3) This subdivision shall not be construed to confer any privilege or protection for expression beyond that otherwise provided by law.
Prior to this Community Advocate Katy Minnear addressed Council but was stopped to be lectured by Menifee City Attorney Jeffrey Melching.  Mr. Melching stated to Ms. Minnear that “she you need to focus your comment to the council as a whole, that doesn’t forbid you from using a specific persons name,. but it does forbid you from speaking directly to that person instead of the policy making body that is before you.”  So by happenstance, if you sort of appear to look at one of council or mayor while addressing the issue at hand to that particular person, you just violated Menifee decorum.  To boot, it may just get you kicked out.  Sorry Melching, bad move, you are not running the meeting, that may just get you a bar complaint.

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CLICK THIS LINK TO VIEW FULL YOUTUBE VIDEO OF MENIFEE CITY ATTORNEY JEFF MELCHING BREAKING THE LAW

UPDATE: 02.04.2015: 11:30PM: WE ARE GETTING EMAILS STATING THAT THIS BEHAVIOR BY MENIFEE COUNCIL IS NOT UNCOMMON AND HAS BEEN GOING ON FOR YEARS.  INTIMIDATION OF PUBLIC SPEAKERS IS KEY AND THE THREAT OF RETALIATION KEEPS THE GREATER POPULATION FROM THEIR FIRST AMENDMENT RIGHT TO APPEAR AND PUBLICLY SPEAK.  Again what we have is a failure to communicate, and a community which has given power to elects, only to be told they have no right to criticize them.  Only in foreign countries do we see this type of behavior, what Menifee Council and Mayor forget to remember is our roots as a country.  Power as such is given by a vote of the people, it can be very well be taken away by a vote of the people through the recall process.  Let’s not forget, your employer is the taxpayer.

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MAYOR SCOTT MANN                               CITY ATTORNEY JEFF MELCHING

Was Mayor Scott Mann’s home repossessed after drawing money against the property?  Is he now living in a property that developer allowed him to live in?

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 Well for many residents in the City of Menifee, who wish to remain silent, as they say for fear of retaliation, the following above pic says it all…..  Well TMC’s personal note for Stone, if you impersonate a law enforcement officer you get to become Senator.  A “picture tells a thousand words.”  Unfortunately his a bad example for one of the most trusted professions in America, the “Pharmacist.”

UPDATE:02.05.2015: PRESS ENTERPRISE STORY REGARDING INCIDENT IN THE CITY OF MENIFEE.  TAXPAYER ADVOCATE VIVIAN MORENO ESCORTED OUT OF COUNCIL CHAMBER AFTER USING HER PUBLIC COMMENT PERIOD OF 3 MINUTES TO DISCUSS FREEDOM OF SPEECH.

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“The decorum policy says in paragraph four that … people shall not act in a disorderly manner, or engage in conduct that disrupts, disturbs or otherwide impedes the orderly conduct of a city council meeting,” said Melching. “And that’s precisely what was happening.”  Our response is that council did not like the message, and Moreno was interrupted, the City Attorney Melching and Mayor Mann baited Moreno and escalated the debate between the two.  Calling the mayor a “bully” was not acting in a disorderly manner, or engaging in conduct that disrupts, disturbs or otherwise impedes the orderly conduct of a city council meeting.  Council created a situation that should not have occurred.  In addition their understanding of their own policy violates public speakers rights.  According to Menifee residents Mayor Mann has been suppressing their rights to speak openly for years.  As indicated in the above second video, City Attorney Melching interrupts public speaker Minnear for the mere perception that she was conspicuously focusing her attention on one member of Council. We are talking about a pattern of behavior by council.

UPDATE: 02.05.2015: A SEPTEMBER 2014 STORY: MENIFEE RESIDENT ANNE PICA ACCUSES MAYOR SCOTT MANN OF CAMPAIGN VIOLATIONS:  Speaking during the public comments portion of Wednesday’s city council meeting, resident Anne Pica accused Mann of paying for the printing of 2,000 fliers including negative comments against his opponent for mayor, Darcy Kuenzi, and city council candidate Sue Kristjansson in the 2012 election.

pica_9-17-14Community Advocate Anne Pica

At the time Deputy Mayor Wallace Edgerton, who conducted the meeting in 2012, responded to Pica’s comments by asking city attorney Jeffrey Melching about potential legal implications of those comments. Melching said he would not directly address the issue because it was a matter between two individuals and not the city itself.  Again, what appears to be another incident to attempt to silence residents, by the threat of a legal avenue.  Again no way to treat the taxpayer, you are not in charge, the taxpayer is, and that’s, that.

So did City of Menifee Mayor Scot Mann and City Attorney Jeffrey Melching blow it?

PART THREE STORY IN THE PASADENA INDEPENDENT REFERENCING BACA VS. MORENO VALLEY BY VIVIAN MORENO AT PASADENA CITY COUNCIL ON MONDAY FEBRUARY 2, 2015.  MARILYN WHITNEY ALSO PUBLICLY SPEAKS REGARDING AG PARK TOXIC SPILL IN THE CITY OF RIVERSIDE.

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It’s been a busy week for Vivian she is taking tomorrow off… I take that back, I was just informed she has one more meeting tomorrow morning.

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VIVIAN MORENO                                                        MARILYN WHITNEY

TMC, RATED RIVERSIDE’S MOST “OFFENSIVE,” “INAPPROPRIATE,” “HURTFUL,” “MEAN SPIRITED,” “DISTASTEFUL,” “EMBARRASSING,” HORIFFIC,” “SLANDEROUS” AND MEZZSPELLED, “MISSPELLED” AND “OPINIONATED” BLOG SITE!  TEMPORARILY BLOCKED BY THE CITY OF RIVERSIDE AT PUBLIC ACCESS SITES WITHIN THE CITY, THEN UNBLOCKED.  I GUESS YOU CANNOT DO THAT ACCORDING TO THE ACLU.  RATED ONE TWO ONE STAR OUT OF FIVE IN TERMS OF COMMUNITY APPROVAL RATINGS..  TMC IS NOW EXCLUSIVLY EXCLUSIVELY ON FILE WITH THE COUNTY OF RIVERSIDE’S DISTRICT ATTORNEY’S OFFICE (WE BELIEVE THIS WILL END SOON, SINCE THE FOCUS IS NOW ON THE IMPROPRIETIES OF MR. “Z”, WE TRIED TO TELL YOU, BUT NOBODY LISTENED), AND DON’T FORGET WE ARE PROSSIBLY POSSIBLY ON FILE WITH THE CITY OF RIVERSIDE’S POTENTIAL SLAPP SUIT LIST… A STRATEGIC LEGAL MANEUVER THAT CAN BE DONE ONLY IN RIVERSIDE WITHOUT A CONTRACT… AGAIN, THANK-YOU COMMUNITY OF RIVERSIDE AND THE CITY OF RIVERSIDE EMPLOYEE’S FOR YOUR SUPPORT!   COMMENTS ALWAYS WELCOMED, ESPECIALLY SPELL CHECKERS!  WE JUST CAN’T SPELL!  EMAIL ANONYMOUSLY WITH YOUR DIRT BY CONTACTING US AT:   THIRTYMILESCORRUPTION@HOTMAIL.COM

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CLICK THIS LINK TO VIEW THE FULL LETTER SENT TO ATTORNEY MARK MAYERHOFF, OF LIEBERT CASSIDY WHITMORE

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MARK MAYERHOFF (CLICK TO ENLARGE)

What should be brought to the forefront is that Liebert Cassidy Whitmore is actually representing Councilman Paul Davis in the current case of Raychele Sterling vs. City of Riverside et al.  Liebert Cassidy Whitemore is also the law firm that is doing the investigation for the City of Riverside against, of course, Councilman Paul Davis.  So the firm is defending him but at the same time crucifying him and sticking the knife into him!  Those in Riverside who keep up with the politics see this time and time again.  Those in Riverside who are sleep, need to wake up and see what is happening in your City.

Additionally, I will be filing a bar complaint against you and your firm for violations of conflicts of interest rules, since your firm is my direct representation in the active case Sterling v City of Riverside et al. I have never waived my conflict rights in this case and neither can the council. Regards,
Paul Davis
Council Member –

This according to Councilman Paul Davis’s personal statement as indicated below, under “Full Davis Personal Statement on this Investigation”.

The letter is directed toward Mark Mayerhoff, which Davis states he is “shocked” that his firm has released an incomplete investigation, as a result of the following:

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In the letter Attorney Mark Mayerhoff states the Investigation that will be release to Press Enterprise reporter Alicia Robinson will be redacted (to obscure or remove from a document prior to publication or release).  Of course we asked the question of Why?  Especially in the name of transparency.  Mayerhoff also states that he attached an unredacted copy of the investigation to Councilman Davis.  We have the unredacted investigation as follows, all 417 pages.  Alicia, if you need the full unredacted copy just download from our site!

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CLICK THIS LINK TO VIEW FULL UNREDACTED INVESTIGATION AGAINST COUNCILMAN PAUL DAVIS

The following is a personal statement made by Councilman Paul Davis in reference to his investigation and submitted to Thirty Miles.

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CLICK THIS LINK TO VIEW FULL DAVIS PERSONAL STATEMENT ON THIS INVESTIGATION

Some telling excerpts are as follows:

These issues that Soubirous and I have been charged with is misappropriations of Public Funds for Political Gain and it is about exacting retaliation for our not being the “Go along to get along” guys, like many of the rest. The funds issue will be handled in another venue, as Adams and Bailey appropriated the funds without authority of the council. Evidence will be produced to prove this up. What happened is Barber files the complaint then funds the investigation under his 50K expense authority and they split up the contracts into four separate ones to equate to $200k authorization.
Interestingly enough the hired gun law firm and investigator failed to insert my interview “Eratta”, correction sheet into the investigation materials and even failed to incorporate the right statements in to Gumpart’s statements, where I said “Surely Not” and the stenographer records “Sure”.  Gumport does this so that he can make a point in his opinion on his questions as to the effect of my statements on CM Barber being able to do his job. However, I have attached is separately.
More to come.
Paul Davis
Councilmember – Ward 4
City of Riverside

And of course it is not over yet!  There is “MORE TO COME” according to Councilman Paul Davis!  We will sit back and wait because it will be sooner than you think.  Paul Davis’s Interview “Eratta” is as follows:

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CLICK THIS LINK TO VIEW FULL PAUL DAVIS TRANSCRIPT WITH ERRATA SHEET

We did a story on Ol’Scotty back when he intended to “Ferret” out a problem

We asked the question if Scott Barber should have been fired a long time ago.  First is he qualified for the job of City Manager?  Having a Thespian Degree?   Just back in September of 2012, City Manager Scott Barber decided to take his City Manager hat off and play Council by authorizing a change order of $2.5 million without council authority for the Fox Performance Plaza.

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      CM Scott Barber                              Sorry, CM Scott Barber

He brought the issue to Council and basically appeared they would rubber stamp the idea, after-the-fact.  Had this type of shenanigans been done before by the prior City Manager?  The City Manager’s discretionary spending cap is at $50,000.00, anything over that amount must go to council.  Certainly violated the Charter Amendment.  What made Barber think that he had the authority to act as an elect and ferret it out without them?  A complaint should have been filed against him with Human Resources, and Council should have fired him immediately.

What is now remarkable is the fact that Scotty is creating more liability as what appears to be personality problems at the expense of the taxpayer! It is now becoming evident he doesn’t care about the residents of Riverside, if not, only for himself.  Will Scotty sue the City of Riverside?  Or I should say, the taxpayer because of his perception of in house politics?  Remember Scotty is a remnant of the Hudson legacy; he, Brad Hudson was convicted of credit card fraud.  But our current Mayor Rusty Bailey considers him a moral compass, go figure..

Some things never change as this is common in Riverside. Brad Hudson ran the city and the Council as the Mayor was just a figure head madding back room deals, traveling, giving speeches and breaking a tie vote. Well a city attorney made the law up as he went but talked his way out. As the Mayor left and the hopes of an honest Mayor we saw a candidate who had powerful friends of the former Mayor. yes false fliers were sent out but the candidate got caught and apologized, using illegal Fed agent license plates and more corruption, as he was the choice of the people. To start his term he made national news by having a citizen arrested for speaking over 3 minutes, a lawyer arrested for clapping and big money was made with the help of the city Attorney in red lining homes for illegal foreclosure. People were in place to defend and protect the criminal acts. Brad Hudson skipped out along with the Deputy Attorney after illegally buying Glock Hand guns as the Feds closed in but the council did nothing. A replacement who would follow orders was needed and the Code Enforcement Director was picked. Things went for bad to worse as all violations by the council insiders were ignored but the firing of a Deputy attorney who reported illegal action was done as Mrs. Sterling was out. HR answered to Hudson and that was well known. Loveridge was funny as his old time lies did not work on a new generation. Just think Adams history of assaulting his girl friend, messing in a police promotion and as a veteran police officer taking illegal plates still got elected to council again and now running for Congress. Wow we have enough corrupt Congressmen in DC but at lease Riverside has an Honest Congressman in Mark. Well Davis and Mike know their honesty and loyalty to their Wards is not what the Bailey team wants. Most people know a misdemeanor is a violation that gets you jail time and a fine. But it seems Priamos missed that class in law school. Mike charged with hear say that failed even paying to LA lawyers 200,000 dollars which a law student would know. Then Davis with documents as evidence and wow the filing of complaints done wrong but no problem as even the Brown Act was violated twice and no due process in either case. Conflict of interest even paid Attorneys were clue less. The Mayor is spending allot to get two council out in the next election and put Bailey team members in their seats. What is clear is Riverside no longer wants citizens to elect their representatives but will let the Mayor do it. The way things are going Bailey wont need an election to continue as Mayor he will appoint himself. Scott Barber is a good worker and did a great job giving out tickets in Code Enforcement rather legal or illegal and really wanted the city managers job to do as he was told. Anyone who lives in the city of Riverside knows how things are done and employees/appointees take orders and follow them. I remember when we were asked for bond for the Library to help the children well after the money was given oops the council and mayor used it for something else only to come back again to ask for money for the Library. Using citizens and wasting money while making back room deals will continue until the voters clean out the corrupt elected officials and the Bailey Team. The Feds and the State are likely to come in and then the blame game but it will be great to see Brad Hudson and Greg Priamos finally answer to their crimes over the years.  – AirJackie, Commenter to TMC

CODE OF ETHICS AND CONDUCT COMPLAINT HEARING BETWEEN FORMER EMPLOYEE JASON HUNTER AND JUSTIN SCOTT COE CANCELED FOR FRIDAY JULY 25TH, 2014 FOR FLAWS IN THE PROCESS!  MORE TO COME.  DOES THIS MEAN ALL PRIOR COMPLAINTS NEED TO BE REHEARD?  TMC THINKS SO!

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JUSTIN SCOTT COE

WAS THIS CANCELATION ALL BECAUSE OF WHAT KEITH NELSON HAD TO SAY? AND CALLING THE HIRED ATTORNEY FOR THE CITY A LIAR?

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CLICK THIS LINK TO VIEW COMPLETE LETTER FROM KEITH J. NELSON TO SOUBIROIUS

Board Member, Keith J. Nelson, Ph.D., Inland Regional Board of Trustees, who also served a member of the City’s Adjudicating Body whenever an alleged violation of the City’s Code of Ethics, responded in this letter to Councilman Mike Soubirous regarding his concerns with the behavior and involvement of City Attorney Greg Priamos and outside legal, hired by the city, local Riverside attorney Doug Smith.  In fact, Doctor Keith J. Nelson calls Attorney Douglas Smith a “Liar” in the above letter.  This is the kind of corruption we have come to in the underbelly of the City of Riverside, and it is being taking notice locally, but world wide.  Thirty Miles of Corruption has being receiving hits from all over the world as you can see from it’s data banks.

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RIVERSIDE ATTORNEY HIRED BY CITY OF RIVERSIDE, DOUGLAS  SMITH

WATER CONSERVATION: THE FAUX DROUGHT IN THE CITY OF RIVERSIDE.  We don’t have a drought in the City of Riverside, but it seems the City will create one in order take advantage of fines and maintain the current water rates.  The clincher is that the City passed an ordinance to comply with State Law.  They didn’t have to because we are exempt because we own our water supply.  We as a City are also under a court order, if we don’t use the water we lose it!  Since we own our own water in no position to declare a water shortage!  Large educational institutions such as RCC and UCR are exempt.

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   CITY COUNCIL MEMORANDUM                            WATER RESTRICTION ORDINANCE

This is how contradictary this ordinance is, if you are a recipient of Gage Canal water, there are no restrictions, you can use as much as appropriated yearly to you depending on your shares.  That means you can run the water into the street if you want.  Of course, I’m not advocating that, but the point is that we have a unfair application of the laws, maybe because the City can always depend on squeezing a little more from the residents.  The City didn’t have to pass the ordinance, but they did, they did because there is a monetary MO behind it. Education institutions such as UCR and RCC are exempt. One of the absolute benefits of living in Riverside is ownership of water.  You can maintain you pool and jacuzzi as long as you don’t “overfill.”  Did you get that one?  Who overfills their pool?   The San Bernardino Water Basin holds about 5 Million acre feet of water. Only about a million acre feet are available to the existing wells. So about 4 millions acre feet remains to be tapped by deeper wells. There is plenty of water. This is focused on an income source, and that income source is us.  This political move also seems another way that the City can put one neighbor against the other by the snitch call to code enforcement, the other police force.  It’s time to see what is occurring in the City of Riverside and remove your Councilperson.  In my ward it is Councilman Mike Gardner.

Remember, approximately 20% of our water is sold to Western Municipal.   Are we to conserve more water so that the City can sell more off to other communities for a higher profit.  Cite the citizens on water violations to increase profits.  Then they will then ask us to use less water then they will raise water rates to increase profits. You will use less and pay more. Then they will manipulate the tier pricing seasonally or at will to increase even more profits.  The more money in the water fund, the more that 11.5% water transfer to the General Fund will have.

The Faux Drought continues with more City propaganda regarding  water usage!  New article by Alicia Robinson in the Press Enterprise addressing the city’s position regarding water conservation.

FROM THE DESK OF SCOTT SIMPSON: SCOTT RESPONDS TO RIVERSIDE’S FAUX DROUGHT AND THE DATA AND ARTICLE IN THE PRESS ENTERPRISE: REFERRING TO PE ARTICLE: DROUGHT GROUNDWATER AT RECORD LOW:

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Scott Simpson was former Chief of Enforcement for the California EPA Department of Toxic Substances Control, and also worked for the Department of Food and Agriculture in their Environmental Hazards Assessment Program specializing in ground water contamination:

Interesting yet, manipulating the data. They first mentioned that ground water levels have dropped due to increased use/demand from consumers but, the graph displays only gw available in acre feet. The data that should have been shown in the graph in order to keep consistent with the written conversation is depth to ground water in the wells (1934-today). They have the data. The graph displays how much water was available every 2 yrs from 1934 on. This is the amount legally available to harvest annually. It is close to displaying how much water(rainfall) went into the basin each season. 1960-64 was the driest period on record but historical references are available of other dry and wet periods back to the early 1800’s. What the graph really shows is that Riverside takes about 10% of the annual harvest of water supplied by normal rainfall. The other water agencies share in the other 90%. The San Bernardino Water Basin holds about 5 Million acre feet of water. Only about a million acre feet are available to the existing wells. So about 4 millions acre feet remains to be tapped by deeper wells.

Of course in the current dry spell (notice there were several dry and wet periods 10 yrs apart) the available gw has decreased some due to demand but mostly due to low rainfall in the local mountains. Look at the wet years; almost instant recharge of the gw basin occurs as soon as we get the first normal or above normal rainfall. This shows the amount available to the various water harvesters is the amount of water that recharges the basin each year or about 500,000 acre feet on average. (this is detailed in the Court settlement order of 1980 settling the big water rights lawsuit filed in 1964.) There is plenty of water available in the gw basin. The Court has limited access to most of it.

Currently, Riverside uses about 84,000 acre feet of gw per year. Half or 44,000 acre feet is harvested from the San Bernardino Basin. The other 40,000 comes mostly from the North Riverside Basin from a well field near the soccer complex and old dead golf course. The North Riverside Basin is geologically and hydraulically connected to the San Bernardino Basin. Ground water flows from the San Bernardino Basin into the North Riverside Basin continuously via a narrow under ground channel beneath the Santa Ana River in Colton.

Now, lets get back to water rights. A Water Right is a legal claim to a fixed amount of water harvested annually from a defined source such as, a river. Your claim can be legally challenged at any time by another water harvester from the same water source. There are pre-1914 water rights and post-1914 water rights. The difference is the date of first lawful claim to the water. Post-1914 water rights claims are granted, processed, regulated and disputed through or by the Calif. Dept. of Water Resources. This legal status encompasses all of the state’s water resources unused or in its natural state post-1914 water law. This is about 62% of the states total water resources during average rainfall periods. The UlS. Constitution prohibits congress from passing retroactive law so, we get old law still in effect for many and the new law applying only to those engaging in the regulated activity as of the date of new law. Two systems of legal claims to water co-existing at the same time.

The other pre-1914 water sources comprising 38% of the states water resources pre-existed the 1914 change in state law toward state regulation of water harvesting and the creation of the Dept. of Water Resources. So if you held a legal water right prior to 1914 it was formed under old law dating back to the founding of the state circa 1849 and before John North et al started up the land development scheme (the Southern California Colony Assn) that became the city of Riverside circa 1885.

From 1850-1914 the primary concern of Californians and incoming settlers was the availability of water and the price! People were experiencing the tyranny of corporate monopolies with the railroad. Railroads arbitrarily raised freight prices after settlers moved in. Cheep rates to draw in settlers and raise them later to extract profits from them when they financially can’t leave. The basic lack of competition in a natural monopoly like a railroad sucked the money out of the local farmers. It was feared that the same monopolistic behavior would (and was) occur with water providers. The state legislature of 1850-1905 was very serious about curbing monopolistic water providers. 1852 saw the first laws regulating the formation of water companies and pricing. Our state Senator of the day, John Satterwaite, authored several laws including one passed in 1862, the Satterwaite Act or Civil Code 552. John North incorporated the So. Calif. Colony Assn. under this law to make profits from the sale of land with a guarantee of water delivery in perpetuity. In part it says, “The corporation is formed to build a water distribution (canal) system to make the land livable and profitable. The corporation making its’ profits from the sale of the land and the water sold at cost.”
This is further elaborated on in Superior Court, Appellate Court and Supreme Court decisions leading to Cal. Supreme, Price v. the Riverside Land & Irrigation Co., 1880. Where the law and lower court rulings were placed in context justifying the Supreme Courts decision. In part saying, ” The corporation having formed under the law of 1862 (civil code 552) may not make profits from the sale and delivery of water. The water belongs to the land and is fixed to it permenently. The price set for delivery of water is based only upon the cost of operating and maintaining the canal, pipes, pumps or other infrastructure annually, Water is not sold as a comodity the lawful price to only recover the cost of providing water to the land.” Including that this was a contractual obligation of the original sale of Colony land(s) to settlers. So, the So. Calif. Colony Assn. contractually sold parcels of land with the advertised and promissed guarantee of water delivery in perpetuity to the land, a contractual obligation that continues forever to pass with the land ownership and successive owners of the water company including a future municipality. This is published case law stating that state water law of the time is still in effect and contractural obligation both pass to successive owners. The water right is fixed to the land receiving water permanently and cannot be altered. State constitutional law upholding and the U.S. Constitution, fourteenth amendment protection of lawful contracts upholding. Land owners served by the city of Riverside water dept. as successor owner of the Riverside land &Irrigation Co. cannot be denied the water they have always received in the same amount and quality as originally delivered to the land and in perpetuity at not more than the cost to deliver the water.

So we are in a period of drought. The law and the Cal. Sup. 1880 says, “The (city of Riverside) water company must declare a water supply emergency to deviate from it otherwise lawful supplying of water to the land, in order to initiate any form of reducing water supply or consumption during the emergency period. It must also stop connecting new land/customers to the distribution system until the emergency is canceled.”

Hence, Riverside cannot charge us fees for conservation programs because that is not a cost of operating and maintaining the infrastructure/service. Riverside cannot do anything other than request Volunteer water conservation. Riverside cannot raise prices to force consumers to use less water. Riverside cannot use tiered punitive pricing to force less water consumption. You have a lawful right to water in the same amount as was originally delivered to your land. My parcel was originally planted in citrus pre-1890 and irrigated with about 8 acre feet of water per acre, the water also being of drinking water quality and used to supply the house. So my water allotment for our .84 acre parcel is about 6 acre feet of water per year. After that, Riverside can require conservation and maybe raise prices.

RUSTY’S RED TROLLEY! DOES HE THINK IT CAN?  MEETING PLANNED FOR JULY 30ST, 2014 TO EXAMIN THE FEASABILITY STUDY!  The City of Riverside received a Cal Trans Grant of $237,000.00 to do a feasibility study, and you better believe with this money the focus is on a reason to have it!

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TMC will have a rebuttle of the pro’s and con’s of a trolley system in the City of Riverside, and will be able to do it for no cost to the taxpayer!

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CLICK IMAGE TO VIEW DETAILS OF THE MEETING

TROLLEY UPDATE:  TMC WAS TOLD THAT AT THE MEETING, THE TABLES HAD NAME CARDS OF ALL THE COUNCIL AND MAYOR WITH THE TROLLEY STUDY PACKETS.  NOT ONE MEMBER OF THE COUNCIL SHOWED, EVEN THE MAYOR DIDN’T SHOW AND IT’S HIS PROJECT!  IT APPEARS ANOTHER $237K IN STATE GRANT MONEY DOWN THE DRAIN..

THE RIVERSIDE CITY COUNCIL FINANCE COMMITTEE WILL TAKE QUESTIONS AND COMMENTS ON THE UPCOMING SPECIAL AUDIT OF THE SEWER FUNDS.  THIS WILL BE THIS TUESDAY JULY 29TH AT 6:00PM IN THE MAYOR’S CEREMONIAL ROOM ON THE 7TH FLOOR OF CITY HALL.  

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DEPUTY CITY ATTORNEY NEIL OKAZAKI LEAVES CITY OF RIVERSIDE.  Sources have said that Neil Okazaki would be leaving his position, possible going to the County.  This occurred the day of the Soubirious hearing.  Was this hearing the turning point for Okazaki?  Weeks before, City Attorney Greg Priamos said he was leaving for a position with the County as well.  What seems evident is that no one wants to go down with the ship!

 FUROR ENGULFS CHICAGO’S RED LIGHT SCAMERA CAMERA SYSTEM!  You’ll thank those that voted to remove our cameras here in Riversider sooner or later.

SORRY EVERYBODY! WE STILL HAVE MORE ON COUNCILMAN SOUBIROUS’S INVESTIGATION THAT WILL BE A COMPLETE SHOCKER! STAY TUNED FOR MORE AS RIVER CITY TURNS!

TMC, RATED RIVERSIDE’S MOST “SLANDEROUS” AND MEZZSPELLED, “MISSPELLED” AND “OPINIONATED” BLOG SITE!  TEMPORARILY BLOCKED BY THE CITY OF RIVERSIDE AT PUBLIC ACCESS SITES WITHIN THE CITY, THEN UNBLOCKED.  I GUESS YOU CANNOT DO THAT ACCORDING TO THE ACLU.  RATED ONE TWO ONE STAR OUT OF FIVE IN TERMS OF COMMUNITY APPROVAL RATINGS..  TMC IS NOW EXCLUSIVLY EXCLUSIVELY ON FILE WITH THE COUNTY OF RIVERSIDE’S DISTRICT ATTORNEY’S OFFICE (WE BELIEVE THIS WILL END SOON, SINCE THE FOCUS IS NOW ON THE IMPROPRIETIES OF MR. “Z”, WE TRIED TO TELL YOU, BUT NOBODY LISTENED), AND DON’T FORGET WE ARE PROSSIBLY POSSIBLY ON FILE WITH THE CITY OF RIVERSIDE’S POTENTIAL SLAPP SUIT LIST… A STRATEGIC LEGAL MANEUVER THAT CAN BE DONE ONLY IN RIVERSIDE WITHOUT A CONTRACT, WE WILL HAVE TO ASK GREGORY ABOUT THAT ONE ( OUR PEOPLE WILL HAVE TO CONTACT HIS PEOPLE)… AGAIN, THANK-YOU COMMUNITY OF RIVERSIDE AND THE CITY OF RIVERSIDE EMPLOYEE’S FOR YOUR SUPPORT!   COMMENTS ALWAYS WELCOMED, ESPECIALLY SPELL CHECKERS!  WE JUST CAN’T SPELL!  EMAIL ANONYMOUSLY WITH YOUR DIRT BY CONTACTING US AT:   THIRTYMILESCORRUPTION@HOTMAIL.COM