City loses legal challenge in Valley-Wide detachment effort

Wheatfield Park and other parks east of the 215 Freeway will remain under the control of Valley-Wide for now.

Note: Story has been updated with comment from Menifee city manager Armando Villa and city attorney Jeffrey Melching.

By Doug Spoon, Editor

A Riverside Superior Court judge has ruled against the City of Menifee’s attempt to move forward with annexation of parks on the east side of the city from Valley-Wide Recreation and Park District.

Wednesday’s ruling by Judge Irma Asberry rejected the City’s legal argument against the conditions of a 2017 approval of the annexation by a Riverside County commission. In the ruling, Asberry wrote that the City did not show relevant evidence and that its argument was therefore inadmissible. Pending further legal action by the City, parks on the east side of the 215 Freeway will remain under the control of Valley-Wide, which has served that area for 30 years.

In July of 2017, the Riverside Local Agency Formation Commission ruled that the City of Menifee would be allowed to take control of east-side parks from Valley-Wide, but only under the following conditions.

-- A public election is held on the issue. In making this stipulation, LAFCO cited Prop. 218, which was passed in 1996 to ensure that all taxes on property owners are subject to voter approval. Citing this legislation, Valley-Wide administrators argued that the City’s detachment from Valley-Wide would require a public vote, saying it is required because a different agency would be taking over the tax assessments in the areas Valley-Wide currently serves.

-- The City of Menifee agrees to pay $500,000 to Valley-Wide as compensation for the Bell Mountain gym and community center.

-- The City of Menifee agrees to pay $500,000 to Valley-Wide as a gap bridge (half of what was requested).

-- The City of Menifee agrees to take on Valley-Wide employees affected by the change.

As part of its lawsuit against LAFCO, the City argued that an election is not necessary because the total amount of taxes assessed as a result of this change would not be higher than the amount Valley-Wide currently receives. That argument was detailed in a January 2020 legal filing prepared by Shane Spicer, a tax consultant for the City.

Asberry’s ruling this week stated that “There is no dispute that the Spicer Declaration was not presented during the underling RLAFCO proceedings, and the City notably offers no authority in its Opening Brief to support its submission of the Spicer Declaration other than a footnote in which it suggests that because Condition 6(f) does not explicitly require a Prop. 218 ballot measure, the City is permitted to submit evidence …

“The City cites no actual authority to support its submission of extra-record evidence in a mandamus proceeding. Moreover, the evidence is not relevant to a determination of whether Condition 6(f) is unlawful …”

Menifee city attorney Jeffrey Melching said the City continues to be committed to the detachment effort.

"The City is still weighing its options with regard to next steps in the litigation," Melching said. "While the court’s decision is a setback, the City’s goals remain unchanged. As discussed in the [City of Menifee] press release, the City’s goals are to provide better park conditions, maintenance, and programming, at a lower price, to Menifee taxpayers.

"Under the ruling, the City is unable to complete the annexation, but performance of the conditions imposed by LAFCO in 2017 would have been nearly impossible anyway. That is why the City filed the litigation."

In a news release, the City expressed opposition to the ruling and stated it is “considering its next steps” in responding to the ruling.

“This is a significant setback for the City,” read the statement, which was not attributed to any individual within City staff. “The Menifee City Council is still concerned about their residents being overcharged for services below City standards. The City will continue to work to obtain control over the 22 parks that Valley-Wide currently controls within Menifee’s boundaries. Keeping up that pursuit is the right thing to do. It will provide better parks, better services, and lower taxes for the residents of Menifee.”

In an email to Menifee 24/7, City public information officer Dominique Samario said, “This information came directly from the City staff who were highly involved in this case and represents the City as a whole.”

In a subsequent email, city manager Armando Villa said, “It is shameful for the Courts and LAFCO not to consider the people and how this decision will impact the quality of life and level of service for all Menifee residents. We now have to explain why residents on the east side of Menifee pay greater assessments with lesser service than westside residents.”

Dean Wetter, general manager of Valley-Wide, sent the following response in an email today:

"We have seen the ruling and will leave comment to Riverside LAFCO and its legal team, as this is a lawsuit between the City of Menifee and Riverside LAFCO. Valley-Wide will continue to provide excellent service to our residents, as we have done for nearly 30 years. We continue our commitment to the community of Menifee."

The City's attempt to detach itself from Valley-Wide began in 2015, soon after the City took over control of parks west of the freeway from Riverside County and created its own Community Service Department.