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Wooden Nickel Ranch 2021-0711-13272 July 11, 2021 Mr. Ben Hamilton (my attorney) Hamilton & Associates, APC re: It has been 8 years. Why can't the City do the right thing? Dear Ben, I am frustrated that the city has shown such little interest in actual solutions to our legal differences over the years despite the various suggestions we have offered. Through our research and deepening understanding, we have time and again shared observations and possible outcomes that would be fair and reasonable and in keeping with good government policy, to no apparent avail. An example of this is my long-running attempt to get the “agricultural permit process” ordinance restored to the MMC. This deadlock in dealing with the city is a personal matter, as well as an intersecting need of some several of my neighbors in these rural areas. I will continue to press this issue. The city must understand that my status as their opposing litigant in the Riverside Superior Court, in no way negates or diminishes my rights as a resident and citizen with a legitimate civic need. I need the agricultural building process restored to the code, and so do my neighbors. It should be expanded and further clarified by the Planning Commission and returned to the council for the vote. It has been 8 years and it really should not be this hard. Why can't the city demonstrate a commitment to good public policy and planning that benefits ALL citizens in equity, and not merely the monied “development” faction? Here are 3 points of record and observation regarding this breakdown of process: 1. In 2013 it was never the intent of the majority of the council to remove the ag building ordinance from the MMC without a review by the Planning Commission and public hearing(s). 2. In 2018 both the city attorney and the city manager are on record with a proposed solution, stating it as possible for the ag building exemption process to be restored by council vote. 3. In May 2021 mayor Zimmerman was invited and encouraged to engage in the process to fulfill the intention of the original council to have the issue reviewed and brought back for the vote. Mr. Zimmerman declined response. Perhaps you (Ben) can you think of some way we can help the city do the right thing? *** So far, by the points: 1. In 2013 it was never the intent of the majority of the council to remove the ag building ordinance from the MMC without a review by the Planning Commission and public hearing(s). In 2013 I was on the council and attended the November 20th council meeting. Discussion item 12.2 regarded the ordinance 2013-135, which was a large block of material being adopted from the state and county codes. I saw there were numerous problems in the language of the measure and there were unnecessary and onerous details that had been added. To my knowledge, there had been no discussion or public hearing. To keep this one item from holding up the larger ordinance of which it was a part, I moved this section be removed and sent back to Planning for review, discussion, and hearings, then afterwards, to be returned for the council's adoption vote. This proposed course of action passed the council by a vote of 4 – 1, with Scott Mann being the single “nay” vote. The council’s intention was clearly for a decision on the matter after the planning review. The historical record reveals that the ag building item was never taken up by the Planning Commission and it was never brought back to the council agenda. It has been in administrative limbo these past 8 years. It should be noted, it was Scott Mann at that time who oversaw item selection for all future agendas. *** 2. In 2018 both the city attorney and the city manager are on record with a proposed solution stating it possible for the ag building exemption process to be restored by council vote. At a meeting on August 14, 2018, the city attorney, Jeffery Melching proposed, as part of a discussion of solutions to our various points of litigation, that it would be a “doable” matter for the council to restore the ag building exemption by crafting and adopting a specific ordinance to cover the matter. (From my notes:) “that the council could be asked to do an agricultural building ordinance. "This would be for buildings without human occupancy. "There would be no building permit requirement for agricultural structures.” As you recall, this meeting and discussion were also attended by the city manager, Mr. Villa, as well as you and I. The proposal of Mr. Melching at that time tells me that the significant block to accomplishing our MMC restoration is a matter of some good will and good intention on the part of the council. *** 3. In May 2021 mayor Zimmerman was invited and encouraged to engage in a process to fulfill the intention of the original council to have the issue reviewed and brought back for a vote. Mr. Zimmerman declined response. It has now been yet another year. Below is the text of the letter I sent to Bill Zimmerman on May 29, 2021, requesting his assistance in this matter: ***** Wooden Nickel Ranch 2021-0529-13262 May 29, 2021 Mr. Bill Zimmerman – Mayor re: Please correct an error that will restore the Agricultural Registration Certificate (agricultural building permits) process to the MMC Dear Mr. Zimmerman: I am writing today to enlist your help correcting an error. I will be brief. The issue is that of a 4-to-1 vote of the council that declared both clear intention and a specific mandated action. This directive, calling for a routine procedural step, was ignored and ended up effectively “buried” by those who controlled the agenda-setting process at that time. Whether by simple misfeasance, or intended malfeasance, the council’s specific directive at issue has yet to be acted upon, even at this late date, much to the detriment of the rural community. This is where I ask that you get involved. My suggestion is that you honor the intention of the former council and that you use your position as mayor and president of the council to belatedly fulfill this “forgotten” directive. I suggest you familiarize yourself on the issue and then speak up boldly for rural Menifee. You can make a lot of friends here! For orientation background, I refer you to the council minutes for November 20, 2013, for the discussion and the council’s ensuing directive vote (specifically, pages 9-10): Further background can be had from (city attorney) Jeff Melching, who suggested during a meeting August 14, 2018, that the council could be asked to: (from my notes), “do an agricultural building ordinance. This would be for buildings without human occupancy. There would be no building permit requirement for agricultural structures.” 2018-0814-13237 - Meeting with Jeff Melching and Armando Avilla, Tom, and Ben - August 14, 2018 I would also be pleased to discuss this matter in any detail you might find helpful. Or, if there is need for clarification of what I am suggesting, please call me, email, or text at the contact numbers below. Who knows? If this works out satisfactorily, perhaps we could address other long-standing issues of rural Menifee as well. Sincerely, Tom Fuhrman Owner, Wooden Nickel Ranch VIA email
Tom, from Outback in Menifee |
