• Another loss for Martha Bridges et al

On August 8th it was made known that the 'Martha Bridges et al' lawsuit, against the proposed MSJC Wildomar Campus, lost in the court of appeal when they affirmed the lower court ruling.

Meaning: add another tally to their vast loss column.

For those that aren't sure what this is about, here is a link to a Press Enterprise editorial about it from December of 2015.

Here's a link to a blog I wrote about the editorial the same day.

I started to pull highlights from the document but then realized that was an impossibility. It's 28 pages long, and has over 7,000 words in it, estimated to take more than 35 minutes to read. No thanks, we all have real lives.

For those that would like a taste of the actual findings in the PDF, here are the opening couple of paragraphs before they delved into the "Factual Background" of the case.

This California Environmental Quality Act (CEQA)1 case arises from a community college’s decision to buy a plot of vacant land from a regional park district for potential future use as the site of a new campus. Plaintiffs and appellants Martha Bridges and John Burkett (appellants) are residents of Wildomar, the city where the land is located. 

They sued respondent Mt. San Jacinto Community College District (the community college, or the college) alleging it violated CEQA by failing to prepare an environmental impact report (EIR) before executing a purchase agreement for the property. Appellants also allege the community college violated CEQA by failing to adopt local CEQA implementing guidelines.

The trial court dismissed the action in its entirety, and we affirm. As we explain, appellants did not exhaust their administrative remedies before filing this suit and have not demonstrated they were excused from doing so. And, even if the exhaustion doctrine did not bar appellants’ suit, we would affirm the court’s ruling because both of their CEQA claims lack merit. 


As to their first cause of action, CEQA does not require the college to complete an EIR before signing a purchase agreement, especially under these circumstances, where the agreement itself requires the college to complete an EIR before the sale can be finalized. As to their second cause of action, the college is exempt from formally adopting local implementing guidelines because it uses the guidelines of another California agency.

Sorry, but I don't have a link to the PDF. If you'd like the complete 28 page report, ask the city to send you a copy.

My three favorite parts of the findings were as follows:

• From page 2

The trial court dismissed the action in its entirety, and we affirm. As we explain, appellants did not exhaust their administrative remedies before filing this suit and have not demonstrated they were excused from doing so. And, even if the exhaustion doctrine did not bar appellants’ suit, we would affirm the court’s ruling because both of their CEQA claims lack merit. 

• From page 28

We conclude the second cause of action lacks merit and affirm the trial court’s dismissal.

• From page 28 (last thing before the three judges' names)

DISPOSITION
We affirm the judgment and award costs to respondents.
 

Does that mean what I hope it means? 

Could it be that they'll actually have to pay something out of their own pockets? 

Heck, they've only delayed the start of the project by many, many years... what's it to them if it's not opened in time for your kids to attend that campus?

No biggie. Just the actions of a community activist, looking out for what's best for the rest of us... just "following her heart." LOL

Yep, pretty much like Ken Mayes declared back in June in the comment section of a Wildomar Rap blog...  

"I for one thank Ms. Martha Bridges for her diligence in ensuring wildomar stays on the right course. I consider her a friends[sic] an[sic] confidant, even a comrade if you wish. Just like a local suffragette of old, the one and only Margaret Collier (the MAR in wildomar), Ms. Bridges follows her heart." 

The unmitigated gall to make such a comparison. But, that's what makes Kenneth, Kenneth.

If it's not too much to ask, I'd like to request that Wildomar's most infamous litigant stay out of the news for a few months... my keyboard needs a rest.

•          •          •

In the world’s broad field of battle, 
   In the bivouac of Life, 
Be not like dumb, driven cattle! 
   Be a hero in the strife! 
– Henry Wadsworth Longfellow, 
excerpt from A Psalm of Life

Wildomar Rap is the antidote if you've been caught up with the dumb, driven cattle. Be it in the broad field of battle, the bivouac of life or the pages of Nextdoor.

• Various and Sundry Things Vol 2

Here are a couple of things that caught my attention recently, some much more important than the others.

Condolences to the family and friends of Eric Whitcomb

On June 14th, officers responded to the Circle K on Lakeshore Drive in Lake Elsinore, about 5:20 a.m. to a report of an assault with a deadly weapon and found Wildomar resident, 49-year-old Eric Whitcomb the victim of a gunshot wound.

Whitcomb worked as a Circle K cashier for 12 years.

In a released statement, Heather Bailey, spokesperson for Circle K said, "We are saddened by the passing of our longtime cashier and member of our team who was involved in a fatal incident this morning during a senseless act of violence at our Lake Elsinore store. Our thoughts and prayers go out to his family and friends, as we fully cooperate with authorities to bring this crime to justice."

There is a GoFundMe page set up to help

Click this image to donate.

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This week there was a tempest in a Facebook teapot, as many people were angry at the "ugly purple building" that was going in at the long anticipated Wildomar Square, on the southwest side of Clinton Keith and the 15.

It's a Taco Bell, and Purple is one of their colors

A look at the coming Taco Bell as of June 15th, 2017. I've included an inset of what newer designed Taco Bells are supposed to look like. Can you see the bird of prey that found its way into the upper part of the picture?

My favorite quote that someone left went something like this, "I can't believe the city is allowing them to have an ugly purple building when they won't let me paint my house the color I want."

Umm... you live in an HOA, and they're the ones controlling your house color. The city doesn't care what color you paint your house.

==============================

Not sure when the new T-Mobile store is going to open, but I saw the sign. It's going to be next to Great Clips in the Stater Brother's center.

"Coming Soon" can mean anything from a couple of weeks, to a couple of months... and sometimes longer.

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Illegal signage

It's basically all over town, and not just from Bridal Expos being held in another county. I've seen well respected businesses, like Yellow Basket, just planting their signs wherever they feel like it.

These signs are in many different places throughout the city.
This one is at the northeast corner of Central and Palomar.

Who's to blame them when code enforcement doesn't remove the signs, and there is no fining mechanism in place to deter repeat offenders either. 

Seriously, if the city isn't going to police this, then why wouldn't every business owner go get some cheap signs made and splash them up all over town? If and when they get removed, it's just part of the cost of doing business... and a lot cheaper than traditional advertising options too.

My favorite in your face illegal sign has to go to the one in front of Starbucks in the Albertson's parking lot. Talk about chutzpah. They're willing to make and put the signs up for you at what appears to be a smokin' hot price.

Until the city acts like they care about such things, if you need to get the word out, you might as well give this guy a call... though he's not even from Riverside County (based on the area code). Come on, let's at least keep the dollars local. ☺

This guy just goes around attaching mini posters to stop signs, and there they hang. I guess they are nicer looking than hand made garage sale signs.

At least these gems are usually gone by the end of the weekend.

This would include the signs for Wildomar Soccer that seem to be a permanent thing in more than one location. Seriously coach, don't you understand the law of diminishing returns?

Is there ever a time that these aren't up?

Put your youth sports banners up periodically, not perpetually. 

==============================

Last on my list of things you might be interested in knowing is about wasted city money. 

I found out the amount of money the city has had to pay out defending ONE of Martha Bridges' lawsuits against Wildomar.

I put in a request for information asking how much it's cost us to defend against all her lawsuits versus the city. 

I only got a partial answer, for just one case. 

The one involving the General Plan, that was recently ruled in the favor of Wildomar at the appellate level. The total fees, over a 4½ year period, are $118,343.00!

Remember, if you ever hear the claim that she doesn't cost the city money, even when she loses (like above) the city still has to pay the attorneys that represent us. 

Hey, the story is that she still has until mid July to file an appeal to the California Supreme Court. The difference is that the appellate courts must hear the case (then laugh under their breath when it's argued). 

Whereas a person can file an appeal to the Supreme Court, but they aren't obligated to take it, and can simply laugh in the person's face as they tell them to scram. Let's hope she wastes her time and effort in such a feckless endeavor.

•          •          •

What is darkness? it is the state from which we emerge, and it's the condition to which we return. We come from the darkness of the womb, we leave for the darkness of the tomb. In between is the light and life.
– E.G. Marshall, CBSRMT (1974)

If you haven't figured it out yet, Wildomar Rap is a big fan of E.G. Marshall's work on CBSRMT.

• Bridges Sent Packing... Again!

The Court of Appeal ruled in favor of the city of Wildomar on Case number E063986 Martha Bridges et al. v City of Wildomar.

Over the years (self stylized community activist) Martha Bridges has sued this city repeatedly. She usually loses, and loses, but like the hack duffer that gets one birdie per round, she's been bolstered by the occasional win... but not this time.

Last month I traveled to Riverside to watch her attorney basically make a fool of himself in front of a three judge panel at the court of appeal, as he tried to argue that Wildomar doesn't have a general plan. Even though adoption of the plan that the county had in place for this area was done on day one of the city.

Today I got word that the lower court's ruling was upheld, which was in favor of the City of Wildomar. Which translates into a win for the tax payers of Wildomar too. 

To read my recap of what I heard in court, follow this link, and go to the midpoint of the blog.

Now that this question has been answered... for the umpteenth time, it makes a person wonder what propels this wretched Wildomar woman's endless onslaught against the city? 

No one knows for sure, but it's a pretty safe bet that at least part of it stems from her losses when she ran for city council in 2008 and again in 2010. 

Yes, it's hard to fathom that someone would be that obstinate for so long, but since when does reason or logic enter the picture when payback is on someone's mind?

Link to a March 2017 Press Enterprise article on this topic.

If I were a betting man, I wouldn't wager that we've heard the last lame lawsuit from "Martha Bridges et al". Stay buckled up, the year isn't even half over yet. 

====================================

Now, time for some Fun With Specious Logic

====================================

It's been pondered before, about destructive historical figures, and what would happen differently if you could change something in their past. 

Would they still have been in the position to cause such damage to others?

It's been argued that two of the 20th century's greatest tyrants could have gone another way, had circumstances been different. 

First is Mr. Nazi himself, Adolf Hitler. He was an artist at one point. Imagine if he had been able to sell his art instead of having it rejected as "grim."

A sample of the mad man from Munich's water color style.

The next infamous person in my example is Fidel Castro. He was reported to have been a baseball player; a pitcher I believe. Imagine if he'd actually signed the contract he was rumored to have been offered. 

And now we have a twice rejected city council wannabe. I wonder how many fewer lawsuits the city would have had to deal with had we just elected her instead of rejecting her? 

The world will never know

Oh, and for those of you with your mouth agape after that last bit of offhanded musing, asking, "Did he actually just compare some sue-happy old bitty to two of history's worst dictators?" 

Looks like I did. 

Fine, I win the Godwin Award for needlessly bringing in Hitler to make a weak point. But the point stands. 

•          •          •

It has been said that we are prisoners in a dark closet, with small openings, that, on occasion, admit some light. Small wonder that the demons who lurk in the deepest corners, are more real to us than the sweet light of reason outside.

– E.G. Marshall CBSRMT 1974

Wildomar Rap reminds you that the sweet light of reason is also sugar and gluten free.

• Field Trip to the Court of Appeals

What says fun more than an early morning trip to downtown Riverside, to go hear an appeals case involving the city of Wildomar? Other than a sharp stick in the eye that is? 

Way Too Many Words Alert. 

If you hate a lot of words, then just ignore this blog and just look at the pictures instead. After a quick test I found that there are about 1550 words (321 difficult words), in 110 sentences, with estimated reading time of 8 minutes. My apologies in advance.

A very stately looking building nestled in the shadow of the 91 freeway.

This courthouse was like no other that I've been in. No hustle and bustle in the hallways, no sleazy ambulance chasers looking for new customers, no baby mommas hoping their baby daddies were going to be let off with a warning this time while dragging three preschoolers around.

Nothing that you'd usually see in a courthouse.

There were [surprisingly] courteous officers there to send you through the metal detector, and have you empty your pockets, part of the safety checks we've all become inured to.

The unexpected twist was that I had to surrender my phone before entering. That blew my thoughts of live streaming the proceedings on FaceBook. 

Actually, I did want to use the recording app as a note taker, but it wasn't in the cards today. Too bad too, there were some really insane thoughts coming from the plaintiff's counsel, and now I'll be reduced to paraphrasing at best (I'm just not a natural stenographer). 

Once inside I took a seat in the back row and took it all in. At the far end of the room was the bench that stood about five feet high, with three chairs behind it, along with the nation's and the state's flags. 

The seats were like the pews in a church, made of mahogany with red velvety cushions, and plush green carpeting. 

A few minutes before it started, the bailiff gave a brief primer on how to act in the courtroom. It was mostly for those that would be arguing in front of the judges, but also for the rest of us that were just observing.

A lot of you can't do this, and you can't do that... topped off with no sleeping either. Not long into the first case did I understand why he admonished us about not sleeping. 

The particulars of that case were boring and, without reading materials (another no-no... no reading of non court related materials) or other distractions, the temptation to nod off a bit would really become powerful if you were going to be there for very long.

The lead judge of the three, Manuel Ramirez, looked to be in his late 60s. The one on his right was about the same age, and slouched in his chair. The one on his left didn't even look to be forty yet. 
(Would it be sexist and racist to point out that judge number three was an attractive black woman? If so, strike that last comment from the record).

Sat through a child support appeal, and a case where a guy was fighting with his auto insurance company before I heard them call for the one involving Wildomar.

I had made the trip to see how the appeal of Case number E063986 Martha Bridges et al. v City of Wildomar was to go down.

The gist of the case is as absurd as can be imagined. Even after a twelver of Natty Light you'd be hard pressed to come up with such unworthy balderdash with your drunk buddies, much less in court for the upteenth time. 

The estimate is that Wildomar has sent attorneys to represent them no less than ten times on this case alone. 

The antagonist keeps losing on this, but that doesn't mean you can keep an obstinate person down. 

Remember the classic scene from Coolhand Luke where George Kennedy's character, Dragline, told him to just stay down... but he kept getting back up, though he had absolutely nothing?

Stay down, you're beat!

The thing that you might not have considered while watching that clip, is that it takes energy and time away from what Dragline should be attending to. Swatting flies takes energy too.

Back to the case

The crux of the argument, so the complaint sounded, is that the general plan of Riverside County can't be applied to the city of Wildomar.

Ready for some brain melting that can only come from the double talk of a lawyer?

It was argued that the city does not have a general plan because the general plan that was adopted back in 2008 (written in 2002) can only apply to the unincorporated areas of the county.

Let's check the math. 

On June 30th, 2008, the general plan that the county of Riverside laid out for the community of Wildomar was fine while the town was unincorporated. However, on July 1st, 2008, it was no longer applicable because the city was no longer in the unincorporated parts of the county after becoming a city. (I think I'm going to need a Tylenol)

That's some grade A convoluted logic right there. Now let's see if we can untangle that clump of sticky mental spaghetti.

What was good for the town of Wildomar while an unincorporated part of the county, was no longer appropriate for Wildomar after becoming a city, even though the first city council voted to adopt the general plan on day one... did I get that right? 

That's not even taking into account such factors as the economy of the world falling apart the same week as incorporation, and that projected city revenues fell well short of their original projections as a direct result. Not making excuses, just setting the record straight. 

Hell, I was against cityhood when it was happening because I knew we didn't have enough of a tax base to make a proper go of it. 

Thing is, just because my point of view didn't prevail, didn't mean I'd continually seek to make my fellow Wildmartinis live's less safe by plaguing our young city with garbage that would cost untold thousands of dollars as it was dealt with it.

Couple that with how hard SoCal was hit, with the housing market crashing down, and a less embittered member of the community might have understood that the massive costs of creating a general plan from scratch, which would have run about $2,000,000, was something that was going to have to wait for another day. 

But, no. 

Where 90 days are normally given for such challenges, this charge came FIVE YEARS after the fact... want to hear their hinky reasoning on why the delay was something to be allowed?

What I heard is that since the county's general plan says it's for unincorporated areas of the county, and Wildomar is no longer unincorporated, by definition it cannot be applied to the city of Wildomar.

If your brain hasn't melted yet, congratulations... I'm barely hanging on by a thread myself. 

Let's round this out with what I can make from my notes and then call it a day.

I heard, "I don't believe there is a time limit" when asked about the five year delay.

One of the judges asked, "So they didn't adopt the county's plan?"
"They think they did," was the reply.

Remember, this was a real life appellate court, not SNL, and still the counsel for the plaintiff delivered those lines in a deadpan manner. 

Wildomar was represented by Amy Hoyt. She was asked, "Is there a general plan?"

She responded with cool assuredness as she responded, "Of course there is a general plan."

Anyone can view the general plan. She then made a comparison to the Declaration of Independence and that the city's general plan shouldn't have to be displayed behind glass.

When it was time for the plaintiff's last appearance at the lectern, I made two more notes. 

The first was in reference to the general plan being displayed behind glass, and it sure sounded like he said that should be the case. Perhaps that was sarcasm or hyperbole that got past me, but I can't see how that was suppose to bolster his street cred.

The other was basically just a reiteration of their only point, "We believe they don't have a general plan."

Once outside I met up with Wildomar attorney Amy Hoyt and asked her how she thought it went, "I think it went well, we have a tentative [judgement] in our favor. Fingers crossed, I think we should win."

I asked when to expect an answer from the court and was told, "Hopefully soon. If they adopt the tentative, it's already written."

Just like good ol' Cool Hand Luke wouldn't listen to Dragline, we is jus' too smart to think that old hound dog is ever gonna stop barking up the wrong tree, and actually stay down. Even-money has her filing more papers, on god knows what, before Labor Day.

•          •          •

Grammar is the logic of speech, even as logic is the grammar of reason.

– Richard Chenevix Trench 1807-1886

Wildomar Rap is the ingredients of pizza, even as pizza is devoured by Wildomar Rap.

• Press Enterprise Takes Swing At "Local Activist" In Editoral

There I was, having my usual breakfast of champions (espresso, a wedge of dark chocolate and the Press Enterprise → hard copy no less), when what do I see in their opinion section?

Wildomar being discussed at the top of the page. 

The topic was the Martha Bridges sue crew and their recent "unequivocal" loss in Riverside County Superior Court, in regards to her quixotic battle against higher education in Wildomar.

Link to the Press Enterprise editorial.

Her contention, in the voter pamphlet against Measure AA, was all about money, and what a hardship it would be to the residents as they would be obligated to pay $26 a year (based on property values of $200k).

Here is a link to the online version of the ballot arguments. 

Rarely has a list of more dubious names
been all seen in the same list.

The Press Enterprise editorial writer basically called her a liar with this statement.

Indeed, the Prima Facie evidence that her true motive was the lawsuit she filed last month, along with fellow serial litigant and co-plaintiff John Burkett, challenging the district's proposed purchase of 80 acres of land owned by the county in southern Wildomar.

Here is a link to the 2014 blog that covered the city council meeting where Measure AA was discussed. 

The editorial writers seemed to be channeling their inner Wildomar Rap as they concluded the editorial with these choice words.

Such an unequivocal ruling by the judge ought to persuade Ms. Bridges and Mr. Burkett from taking their legal challenge against the county and the community college district any further. But we suspect that the plaintiffs cannot help but to continue their dubious litigation until the bitter end.

Wildomar Rap summed it up this way days earlier: 

Now let's hope that the message sinks in, and that she doesn't look to delay the building of the college again. However, if Las Vegas laid odds on such things, I'd be betting that she has already worded her appeal and typed it up in triplicate.

Reads the same to me. 

Link to previous blog on this topic.

Another look at my "Mean Spirited" editorial cartoon of
the outcome of Ms. Bridges battle against MSJC.

I'm still looking for someone to lay odds on this. I smell the makings of an office pool. It'll be more fun than March Madness.

Some people around town have suggested that Wildomar Rap is beating a dead horse when it comes to this topic (people frivolously suing the city). If the horse was dead, I wouldn't be bothering with it.

I've been told that I'm being vindictive, mean and engaging in character assassination by posting the truth about what our city has had to deal with from a small group of geriatric malcontents. I'm fine with such silly suggestions, now toss those same fatuous accusations at the Press Enterprise editorial department too... M'kay?

•      •      • 

And come he slow, or come he fast,

It is but death who comes at last. 

― Sir Walter Scott

Wildomar Rap tip of the day: 
once you get a bad reputation, the only way to fix it is to STOP doing the things that got you there in the first place.