City's bid to take over Valley-Wide parks still unresolved

Wheatfield Park, controlled by Valley-Wide Recreation and Park District, would be affected by the change. Menifee 24/7 file photo

The multiple aspects of the City of Menifee's application to take control of all city parks and recreation facilities continues to be rolled up in one confusing ball of different interpretations.

Unfortunately for all involved, that ball was kicked down the road a bit farther on Thursday, with no real decision and with neither side particularly pleased with the latest development.

Here's what we know:

-- Valley-Wide Recreation and Park District is a special district in Riverside County that has built and controlled parks and recreation facilities east of the 215 Freeway in Menifee for 27 years.

-- In a project that has been three years in the making, the City of Menifee last year filed an application with a county agency to detach itself from Valley-Wide and take control of the 18 parks and recreation facilities east of the freeway.

-- That agency, the Riverside Local Agency Formation Commission, will ultimately determine whether the City of Menifee and Valley-Wide part ways.

-- During months of negotiations, postponed meetings and rhetoric, the impact of such a change on Menifee taxpayers has been debated. LAFCO members have expressed differing opinions on whether a proposed change must be put to a public vote.

How would you solve this?

Discussion between commissioners and LAFCO executive officer George Spiliotis at Thursday's meeting in Riverside acknowledged -- along with public testimony by City Manager Ron Bradley -- that Menifee officials have agreed to indemnify LAFCO and Valley-Wide as a condition of detachment. The main sticking point is interpreting whether or how to apply 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 have argued that detachment 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.

Their stance is that LAFCO does not have the power to approve detachment without first getting approval from the voters, who are the ones whose tax assessments would be subject to change. This is a viewpoint with which LAFCO chair Phil Williams agreed on Wednesday.

"Tax dollars is something each citizen should have a say in," Williams said. "Having an election is probably the fairest thing to do. Ask the people who are making the payment."

This is in contrast to the stance of Menifee officials, who maintain that an election is not necessary because the total of taxes assessed as a result of this change would not be higher than the amount Valley-Wide currently receives.

"We are completely prepared to indemnify LAFCO and Valley-Wide," Menifee City Manager Ron Bradley told the commission. "We believe an election is not required as long as we don't exceed the maximum."

Two key factors clouding the issue:

-- No one involved with this case, including LAFCO legal counsel Tiffany North, can find any legal precedent or legal consensus on whether an election would be required.

-- It would be difficult to make the voters understand the impact of their decision. Testimony given in the meeting indicated that taxes in some Landscape Maintenance Districts of the city would raise slightly under the City of Menifee's control, while others would stay the same or decrease.

"It sounds like the City is willing to take on the burden of any legal challenges," said commissioner Eugene Montanez. "If we require an election, how will anybody even know what they're voting for? They might think then can get out of paying assessments by voting no."

Spiliotis confirmed that would not be the case. If the issue went to a vote and voters rejected the proposal for detachment, their taxes in that area would remain the same and Valley-Wide would remain in control of those areas.

In addition, there is the lack of agreement between the two parties regarding how much Valley-Wide should be compensated for such a detachment. Valley-Wide officials have proposed that Menifee pay Valley-Wide approximately $1.5 million -- $1 million as a "gap bridge" for income lost during the transition and $500,000 to compensate them for construction of the gym and community center between Wheatfield Park and Bell Mountain Middle School. Menifee officials have not agreed to such terms.

Ultimately, Montanez made a motion that LAFCO approve detachment, based on the following conditions:

-- An election is held.

-- The City of Menifee agrees to pay $500,000 to Valley-Wide as compensation for the 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.

North told commissioners such action would have to be put in the form of a resolution to be formalized at a future LAFCO meeting (it next meets Aug. 24). Commissioner Stephen Tomanelli seconded the motion and it passed, 5-0.

Outside the board room after the meeting, Menifee officials clearly were not happy with the result.

"It's very disappointing," said Menifee Mayor Neil Winter. "We're back at zero. It forces us to go back and reassess things. We haven't found one lawyer who says this does qualify for Prop. 218."

Bradley was asked whether he believed the City and Valley-Wide could come to an agreement on issues surrounding the case, including the compensation requested by Valley-Wide.

"If it includes a $1 million payment, not likely," he said.

Matthew Duarte, a Menifee resident and president of the Valley-Wide Board of Directors, was not satisfied with the latest developments, either.

"I am obviously disappointed with any decision that inches us closer to ending our community’s long-standing relationship with Valley-Wide," Duarte wrote in an emailed response to Menifee 24/7's interview request. "I have always said that this is the classic 'If it isn't broken, then don’t fix it' situation. That is because for nearly 30 years, Valley-Wide has been indisputably integral in helping to develop our town into a desirable place to live and work, and that track record of success proves that the parks and services provided by Valley-Wide were never something that needed fixing.

"Plus, with the many challenges currently facing the City, I certainly didn’t believe this was an issue which required the Menifee City Council to expend hundreds of thousands of dollars pursuing detachment and now also committing Menifee taxpayers to spend at least $1 million more just to expand the city government and have the parks under the City banner.

"Nevertheless, I appreciate the LAFCO Commission’s commitment to transparency and fairness at today's hearing. It appears that the residents will soon have an opportunity to have their say on the matter by way of a public vote, while at the same time ensuring that the other residents in Valley-Wide’s District will continue to receive the same great parks and services that they have come to expect."