Native American Tribe Wins Battle To Rename Fields Road in Banning

The Banning City Council voted 5-0 Tuesday night to change the name of Fields Road to Malki Road, fulfilling a request by the Morongo Band of Mission Indians.

Fields Road lies on the east edge of Banning, within city limits, and it leads to the Morongo Reservation.

The tribe requested the change to reflect the original name of their reservation, and because the Malki Museum stands on reservation land next to what has been known for more than 50 years as Fields Road, a consultant for the tribe said.

But the son of the man Fields Road was named for, a Beverly Hills developer who owns property beyond the tribe's security guard shack and gates, opposed the change and accused the council of placing the tribe's interests above the city's.

Lloyd Fields used the public hearing before the council's vote to detail his and other landowners' concerns about access and alleged vandalism to their houses and properties near tribal lands.

Three property owners in Millard Canyon, dating back to the 1980s, spoke of access changes over the years, incidents of vandalism to their houses, and difficult relations with the tribe when they tried to sell their land. A fourth Millard Canyon property owner was not present.

Near the end of the hearing, a consultant for the tribe told the council, Fields, and the other property owners the Morongo Band of Mission Indians would consider moving the barricades on Field Roads and improving access to properties in Millard Canyon.

"We are not . . . foreign to the concept that we can make some changes that will make life a little bit easier for everybody," Eric Haley of Riverside-based Haley Associates LLC said.

After the council voted, Fields said he was reserving his options.

Tribal representatives made a formal request for the name change in late August.

"The Morongo Band of Mission Indians is currently requesting numerous street name changes throughout Riverside County and along Interstate 10," states a Banning staff report recommended and signed by city Public Works Director Duane Burk.

On Aug. 31, tribal representatives met with Banning staff "to formally request the name change of Fields Road, the only street within the City of Banning impacted by their requests, to Malki Road," the report states.

"The street name change is expected to have minimal impact to the City since there are no Banning residents or businesses located on this road," the report states.

The report did not mention that Lloyd Fields sued Banning earlier this year to try to get the city to tear down the Morongo guard shack on Fields Road.

Fields said in a complaint filed in February his 41 acres of land near Fields Road are within the city's "jurisdictional limits," and that Fields Road is the only paved road leading to and from his property.

Fields calls the land "the Fields Triangle" for its shape, and because it is surrounded by Morongo Reservation land.

Fields claims the tribe's guard shack prevents him from reaching his land, and that the city's refusal to do anything about it has cost him money, because he's been unable to develop his property.

"It has not been resolved in any way, shape, or form, and Mr. Fields is objecting to the name change," Fields' attorney Erik Freiss of Irvine said in a phone interview Tuesday afternoon before the council meeting. "He believes this is retaliation for asserting his rights."

Banning City Attorney David Aleshire said just before the public hearing Tuesday night there was no retaliation.

"On the request for the name change, the tribe made a request," Aleshire said. "We take requests from anyone concerning issues on street names. They have a particular interest in terms of the street. And it's been under our procedures that will be considered by the council.

"But it's not retaliation," Aleshire said. "The city has not initiated anything. We're parties to the lawsuit, not the tribe. We've received the request from the tribe. I have no reason to think that the reasons they've given for the request are not their real reasons."

During introductory remarks to the council, Haley said the name change requests for multiple roads along Interstate 10 stem from the tribe's desire to draw public attention to the Morongo acquistion and upgrading of the Beaumont golf course now known as Tukwet Canyon.

"The discussions are about a year old now," Haley said. "In October 2010 the tribe bought the kind of moribund golf course as an investment, and has upgraded it, and want to make it a major destination."

Caltrans requires the actions of all the affected public entities, before they would take action, Haley said.

In the public hearing, Fields read from prepared remarks that included:

"The council has allowed the Morongo tribe to install barriers on the west side of Fields Road which is a public road within Banning city limits," Fields said.

"That not only prevents me from ever developing the 41 acre parcel that I own on Fields Road. It has also enabled the Morongo tribe to maliciously violate the rights of four property owners in Millard Canyon which is on the near periphery of Banning," Fields said.

"The Morongos have repeatedly vandalized those Millard Canyon properties. The property owners would repair their houses after each vandalistic incident only to be victimized again.

"One property owner, Deanne Bird, was driven to hire a watchman to live in her Millard Canyon house to stop the continuing despoliation of her property.

"Darryl Baker boarded up all four sides of his expensively improved house and moved to Australia," Fields said. "Darryl Baker's son is afraid to even visit his father's house.

"Josephine Bridge is an Orange County school teacher who has abandoned her plan to retire in her Millard Canyon house after vandalism made her aware that she could be in physical danger.

"Bill Lewis' house is so badly damaged that it is beyond repair. All of the windows have been broken. Fixtures and plumbing have been pulled out. Walls have been defaced. Furniture and cabinets have been destroyed. His water tank will never again be usable. . . .

"Banning has the opportunity to require the Morongo tribe to rectify the injustices that Banning made possible by allowing the tribe to take control of Fields Road," Fields said.

"Banning should impose three conditions on the tribe for approval of the Fields Road name change," Fields said.

"1. The tribe shall agree with Banning to permanently and irrevocably dedicate Fields Road for public use.

"2. The guard shack which is on an easement that I own and all Fields Road barriers shall be permanently and irrevocably removed.

"3. The present and future owners of the four Millard Canyon properties shall have permanent and irrevocable unimpeded access to those properties.

"If the council subserviently allows the tribe to change the name of Fields Road without satisfying those three conditions, I will reactivate my lawsuit against Banning for money damages," Fields said. "I will also do everything in my power to replace a majority of the members of the Banning city council in November 2012 with people who will advocate the interests of Banning rather than the interests of the Morongo tribe.

"If the three conditions are satisfied, I will withdraw my objections to the Fields Road name change," Fields said. "I will also withdraw my lawsuit against Banning."

Remarks of other speakers during the public hearing are included here verbatim.

Millard Canyon property owner Bill Lewis: "I have 160 acres in Millard Canyon. I've had my place vandalized repeatedly. When I first bought it in '86 we were able to get up either road with no problem to our properties. Since then systematically we've been denied access, and then they put in the barriers and closed off the one road going out there. Since then they've kept vandalizing it.

"The last thing they did, which seems very mean, is to take a 3,000-pound water tower and roll it down off the hill into my house. The place is just about destroyed. I put almost a 2,300 square-foot roof over it. It'd be pretty nice if it wasn't for the vandalism."

Banning Mayor Barbara Hanna: "If I may sir, I'd like to know whether you reported this vandalism to the sheriff's. . . . to the police."

Lewis: "Yeah, I have in the past, but basically it's done little good. They come up there and it being six miles up off the road they can't really police it.

"The tribe is running their vehicles up there all the time. They know about the damage. They threatened us. If we put up anything it'll be tore down overnight. They say if we sell it the new owners won't have access. . . . It just about strings my hands, any move I make. They've offered to buy it for 10 years but they've never offered to give me any money."

Banning resident Lyndon Taylor: "I speak in opposition to the proposed name change of Fields Road, a street within the city limits of Banning.

"As evidenced by this item on your agenda tonight, it's part of Banning. It's been stated that the reason for making this change is to accommodate certain interests of the Morongo Indian tribe.

"But I'd like to remind the council that the interests of the citizens of Banning should be the primary concern of this group. As the Morongo Reservation is neither under the jurisdiction of the council nor did they participate in electing you to office.

"Fields Road was named as you know for the senior Mr. Fields who made a donation of land to this county and was honored by the county for his generosity and public spiritedness by dedicating the road in his name. It would seem that by changing the name at this time the council would be reversing the intent of the county in extending this recognition to Mr. Fields, and for no good reason would be setting a precedent wherein any street name in the city of Banning could be changed at the whim of this body.

"This is an issue of moral, ethical, as well as practical dimensions.

"Fields Road has been the 50-year traditional name of this street in question. It's found on maps, it's found on legal documents, it's found on historical publications. People have come to know this street as they pass our city.

"There's absolutely no valid reason for making the change after all these years. There is history to this name, and if we in Banning are interested in history, then we should also be interested in maintaining this historical name of a street. . . . Absent good reasons, the citizens of our city might wonder at the real agenda for any kind of change contemplation by this group. I urge you to refrain from taking action on this name change process."

Millard Canyon property owner Josephine Bridge: "My name is Jo Bridge and I'm the school teacher that planned to retire there. I bought my property in 1986, and planned to retire up there. It's a beautiful area and we had public access because it was privately owned all the way on up from the freeway. There was a little railroad land in there, but other than that it was all privately owned.

"And then when the Indians received a lot of money they started to block us out. And right now we have to go through the blockade, and I have asked for a key to go through, because you go through the blockade then you have to go through a key area also, where they have to go with you to allow you to go through to your property.

"So like my children can't go through because they don't have a sticker, and it's just the residents that are allowed through right now. And I couldn't have a key because I'm not a tribal member. So they totally have blocked the four of us out. And Mr. Fields is trying to help us."

Banning resident Edward Miller: The Morongo Indian tribe has done a tremendous amount for Banning, and we should thank them and do everything we can to honor them.

"There are so many streets in Banning that can be given the name Malki or any other name to honor the tribe. The street that I live on, I would be very proud to have called Malki Avenue or anything they want. We have Ramsey Street. I think almost no one knows who Ramsey is. We can change that to Malki Street. We have Wilson Avenue. That we can change. . . .

"When it comes to Banning, we are so proud that this is the stagecoach town. We are so proud the city is 100 years old and we're going to have a year-long celebration of this city. There is no denying that Fields Road, the name, is part of that history. To just arbitrarily change it violates the concept that our city has history. . . .

"There is no valid reason to change the name for our city."

Millard Canyon property owner Deanne Bird: "My husband and I in 1983 purchased 20 acres of private property in Millard Canyon. We have two houses on the property, a number of outbuildings. When we bought that property in 1983 there was no fencing of any kind. The Morongo Indians were poor.

"I had five roads that I had access to the main road to my property.

"All of those are closed off. Unless I go through the guard gate I can't get to my property. My husband's 83 and I'm 69 and we chose a number of years ago to put our property up for sale because it's a lot to take care of. We enjoyed it immensely with our family. We had family reunions, we enjoyed the property so much, we had a good rapport with the Indians on the reservation.

"They have a lot of respect for the land in the canyon and we respect that land and took care for the land as they wished.

"We have had our property in escrow twice. Prior to the two escrows, we have had the guards at the gate repeatedly refuse entrance to people who were interested in buying the property. They told them that there was a land lock, and they didn't want to buy that property, and they refused entrance to our property across the reservation.

"The first escrow, the buyer was a private person. He asked for a letter from the tribe guaranteeing him access to get to his property. We were told, 'The tribe chooses not to issue a letter guaranteeing access.'

"So that escrow failed. The second escrow was a year ago. This one was also denied access. But they wrote a letter on this and I'm really sorry because I didn't bring it with me. I will make sure that each one of us has a certified copy of that letter.

"It states that it's a policy of the Morongos to escort non-members across the reservation. It states that no one has access to Millard Canyon except tribal members and invited guests. Which, absolutely, how do we sell the piece of property?

"We had repeated problems with vandalism, that you've already heard about. My husband went up one time and every single window and door in the main house, sliding glass door, every window and door in the little house, every window in all of the outbuildings and in some vehicles that were there, were broken. They had thrown bricks through all of them.

"I have had the sheriff's department there. Extensive reports. I have also had the tribal officers come to the house. A lot of this has happened since it's been fenced. And they have said to me that they have an idea who off the reservation did that. But nothing was ever done about it.

"So as Mr. Fields told you, we have a caretaker. Oh after my husband got all the windows fixed, three weeks later they did it again, not with all the buildings, but with the two houses.

"The Morongos often mention that they want to be good neighbors, to the city of Banning, to the people who live here, to others in the area. They haven't been good neighbors to us at all. My request from a personal standpoint is that if there are any new requests by the Morongo Indians, including the names on these roads that are voted on by the city, that you would require them to also issue us a letter stating that if we sell our properties, the new property owners will have access to that property.

"It's a really frustrating thing, you know, as far as a citizen of the state of California and the United States, that this would ever happen. Because if you've been using a road a certain amount of time, you always have the right to use the road. But with the Indians we don't have that right. Thank you."

Pass resident Don Smith: "The four property owners in Millard Canyon aren't residents of the city of Banning. They clearly have a problem. Their public safety is the responsibility of the county of Riverside. I understand that provisions for the name change have to go to the county for approval, so I would encourage them to go there. But perhaps you as the city council could ask the county if they have a solution for that problem. I don't know if they have a solution for that problem, but you could ask. . . .

"The changing of the name . . . I was used to San Timoteo Canyon and 14th Street and suddenly it's Oak Valley Parkway. I still all the time tell people to take 14th Street and have to correct myself because they won't find any sign that says that.

"And they did that not because they wanted to lose their history, but because they were convinced from a developing standpoint that they wanted to change the feel of the area, how people perceived the area and they wanted a name that went along with that same feel.

"I assume that's what all of these changes are about, is that they're trying to come up with, I'm going to call it a marketing scheme to have people think that these areas have become more upscale. So there's probably good reasons for them but these are serious complaints and I hope someone looks into them. Thank you."

Pass resident Victor Dominguez: "I've been sitting here listening to the remarks of the speakers and I'm kind of shocked at some of them. Let's be real about it. Basically what this is, is it's all about politics.

"I have very little respect for Mr. Fields. I think he's just a political bully developer who tries to intimidate with money, and I totally disagree with his tactics. . . . 

"Now I'm all for politics and I'm all for accountability. Some of you folks up there I do not like. I think you've done a bad job for the city of Banning. Some of you folks I do like. But the one thing I can totally understand is this.

"The citizens of this community will regulate and make this community better. The one thing I personally cannot stand is outside influence to come in here and to dictate to us how we should act and what we should do.

"Mr. Fields stood here at this podium and threatened you, saying that if you didn't vote this way he was going to have a hell of a time in 2012.

"Well I say to Mr. Fields you done lost my respect. You never had it to begin with. With that type of attitude, I think this council should, all together vote, vote this name change.

"Because let's remember, the Indians have been here a lot longer than we all have. A lot longer. Some of us want to do history lessons dating back 25, 30 years ago. Some of want to take us back 50 years ago.

"How about if we take us back two, three hundred years ago? I am personally Native American myself. I can give you a lecture on what we've been through. I can give you a lecture on history. I mean you want to come up here and talk community pride? You have no idea what community pride is.

"What they have an idea is, how to get bigger pocketbooks. How to leverage their capital, how to make money in the future based upon this. That is not what community's all about. That is nothing, far from it. All it is is a political bully, and not accountability. All it is is business for profit. Special interests coming into our community telling us what to do.

"It's like family. Don't tell me my brother's worthless. I know that. But if somebody else comes in and tells me my brother's worthless, I have a problem with that. And that's what this is right here. This is an outside influence coming in here dictating to us how we should run our community.

"Let me tell you, the Indians are not only our neighbors. They're our friends, they're our community partners, and for a lot of us they're our family members. They've been here sharing shoulder-to-shoulder with this whole entire community on humanitarian issues that profoundly affect the citizens of this community. And to give them a name change, I'd be honored to.

"And for Mr. Fields, the political battle of 2012 is almost here buddy. I'm always ready."

Dominguez said after the public hearing and council vote he is Gabrielino Indian.

Banning Public Works Director Duane Burk: "I just want to clarify the intent behind the name, the original reservation's name was Malki."

Haley: "Thank you Duane. I'm glad you brought up that original name. From the middle of the 19th century into the 1920s and beyond it was the Malki Reservation. This is not a coincidental situation.

"The gentleman before me brought up the Malki Museum and the contributions to the Pass area. I think it's a statewide contribution. This is the first museum put together by Native Americans on a reservation in the state of California. It's a significant cultural asset. And what we're intending to do is to draw attention to that from the greater public.

"I think that benefits not only the Morongo Band of Mission Indians but also everybody in the Pass area and Riverside County.

"We are not however foreign to the concept that we can make some changes that will make life a little bit easier for everybody.

"The tribal council has taken your advice, transmitted to us, to review the location of the barricades and consider moving at their complete cost, which will be considerable, those gates, which were put up in fact for the same kind of reasons that the ladies and gentlemen mentioned in the canyon, the reasons of illegal dumping, vandalism, illegal use of firearms, any number of things on the reservation which had improved because of those gates.

"Now unfortunately there is a point to be made about access to that property. Any citizen showing identification can get access to their property. The courtesy of being granted an escort may be bothersome to many. We are willing to work with you and with the citizens to adjust the location of those gates and to allow the free access to the area as was mentioned both by some of the citizens as well as Mr. Fields. I think that's going quite a long way beyond the financial and is a voluntary action of a sovereign nation, and we can have lots of conversations about that.

"But Malki has been a name that's recognizable since the Treaty of Guadelupe Hidalgo and the Treaty of Temecula in 1850 and it was changed over time, and this is not something that's new. The gentleman who is a member of the tribe said it eloquently.

"I would hope you would consider this in the spirit that it's offered, and that is we are making proposals to change signage all up and down the freeway with the complete institutional support of Caltrans and others and we're following the letter of the law in reaching out to you and to all of the other governmental agencies that have even a sliver of property in the area.

Banning Councilmember Bob Botts: "We are confusing two issues: a name change and the access to the tribal lands and to the folks up in Millard Canyon property. . . .

"I think it's important whatever action we take tonight, I can tell you my vote on this issue will be because I think I'm going to vote for the right thing. It's nothing to do with bullies. I've been yelled at and set in rooms with Mr. Fields and others . . . people that attacked me.

"It has nothing to do with Mr. Fields' lawsuit. I'm disappointed that if we talk about negative publicity for the Pass, Mr. Fields certainly has produced that. I don't know what history he brought other than the name.

"It's a complex issue, the access. Let's set the name aside. It's a complex issue that this city has been working with diligently, despite Mr. Fields' lawsuit. Diligently with the tribe. It's my understanding, his lawsuit was, 'The city isn't doing enough. You need to go tell the tribe.'

"Well, I think we all know, you don't really tell the tribe as a sovereign nation. But we, I want the public to know, that we're being opposed by Mr. Fields and his attorney . . . that we and staff have diligently continued to meet with the tribe and I heard some things tonight on the access issue, and I tell you, the name aside, we need to work with the tribe and get a satisfactory resolution of access to property owners. . . .

"I don't want to belabor the point but we welcomed Mr. Fields to this city with open arms, and said 'We love the project' . . . when he came to us and said 'I want to build houses up on my property.' So I just want to show you there's a little bit different side than we're being painted as a city. . . .

"I'm looking at modern times, where we have an economic giant next to us and I can tell you overriding most anything if we care about is 'How we put people to work. How do we create jobs?'

"And we are trying to partner with the tribe in any number of ways, not the least of which if this makes sense to the tribe, and clearly, I'm glad that Mr. Haley is here because there's a bigger picture. You might not agree with the change. But it's not Banning having some retribution. It's a major change for the tribe all up and down the 10, dealing with signage and streets and so forth.

"As I look at the Malki Museum, as I look at the tribe, I want to help them grow economically because that means jobs for the Pass. So I think there's every reason to look at this and maybe we ought to work within their master plan."

Asked where he stood after the council vote and Haley's conciliatory remarks on behalf of the Morongo tribe, Fields said:

"I'm unsure. I'm waiting for further information. I think that there are discussions between the city and the tribe, and that there is going to be a meeting soon between my attorney, the tribal attorney, and the city attorney to discuss this matter further. At that point I'll have a clearer idea of what relief I may get. . . .

"I'm reserving all of my options. . . .

"I think the tribe and the city knows they have a publicity problem if this continues, because there have been abuses. Egregious abuses. And I think they want to clean this up because it's in no one's interest to continue this . . .

"I want to develop it for housing and for generation of electrical power, because the property's ideally situated for that. And Banning could make millions of dollars a year that way. There's water under my property. There's a natural gas pipeline that runs across the southern end of Fields Road. . . .

"I await further developments. There seems to be a desire as expressed by Haley . . . to clean up their act."