From left, Roger Campbell and Zahid Shah asked for, and received, council approval of Mr. Shah’s development at E Street and Highway 126.

Fillmore City Council met November 25 at 6:30 p.m. at City Hall. The Council approved a business development near E St. on the north side of Highway 126, prioritized Water DIF spending, heard an update on the Water Recycling Program, and provided for Zoning changes.

Fire Chief Bill Herrera announced that the annual toy drive at the Fillmore Fire Dept. has started. The Fire Station is accepting toys from now through December 14th, when a chicken dinner will be provided to donors for each toy delivered during the drive. The dinner will be from 5 p.m. to 7 p.m., take-out or eat-in.

The Council held a public hearing regarding Zahid Shah's business property at 1515 Ventura St. The business involves towing, impound, and auto repair. Shah had asked that Development Impact Fees (DIF) be deferred until Certificate of Occupancy rather than be due when the building permits are issued. Community Development Director Kevin McSweeney said that the DIF was approximately $167,000. According to the agenda item memo, the Finance Subcommittee wanted the project to become permanent before approving deferment. The Planning Commission denied Shah's request for the proposed project to be modified from a temporary five year approval to a permanent approval at a public hearing on October 22, 2008, and Shah appealed that decision at the November 25th public hearing.

The business's neighbors were unhappy with the property's appearance, and fought against permanent approval. McSweeney pointed out that the property is currently under construction and Shah is willing to accommodate neighbors' concerns. Neighbors Kathy Yeats and Bill Zellmer spoke. Dick Sliger read a letter from Trudy and Steve Garner. Significant concerns included the compatibility of that type of business with a residential area, traffic, and the view that the property would present not only to neighbors, but to all people approaching Fillmore from the west on Highway 126. Shah, represented by Roger Campbell, presented an artist's rendering of the proposed permanent buildings. The picture included a Railroad-Craftsman style building with a two-story section and a one-story section, adjacent to a residential garage and house. The house and garage already exist, and are located in a commercial zone. The exterior of the garage would be updated to blend in with the new building and the neighborhood. An impound lot, used car sales, and towed cars would be located behind the new building and blocked from sight by fences. Permanent approval requires the widening of E St., and additional street lights. There are plans for the eventual installation of a traffic signal at E St. and 126 to accommodate the anticipated Business Park on the other side of 126.

After extensive discussion, including consideration of the neighbors' concerns, the Council voted to approve modification of the Development Permit and Conditional Use Permit (CUP). Scott Lee and Patti Walker voted against the motion but were outvoted. The merits of allowing left turns from the business entrance directly onto 126 were debated. The long list of Conditions of Approval that apply to the Development Permit and CUP was modified to include, among other things: a fifteen foot high "Fillmore" sign located on the western corner of the property and styled after the historical Central Ave. "Fillmore" sign; an 8' screening chain link fence with green vinyl coating and vines, instead of the current 6' fence; asphalt paving under all car lots except the police impound area, which may be paved with a loose base; no off-loading allowed in the 126 median; use of pneumatic drills restricted to auto bays to reduce noise; additional sidewalk to be constructed on the west side of E St.; and no car sales in front of the building. The new building and landscaping are expected to be complete by July 2009.

Public Works Director Bert Rapp recommended that the Council not approve replacement of the Central Ave water main between Sespe Ave. and First St. in conjunction with the Central Ave. Storm Drain project. He explained that although it would be less expensive to work on the water main and the storm drain at the same time, the water main is a low priority and he is concerned that spending almost $400,000 on the water main could leave the City short on funds for other water-related projects. The Council's vote was split, so approval was denied. Scott Lee and Patti Walker voted for the water line replacement; Steve Conaway and Cecilia Cuevas voted against.
The Council approved the final draft of the 2008 Potable Water Demand Study, and directed that future Water DIF revenues be saved for the construction of Well #9 and not be utilized for debt service until Well #9 is completed. The study showed that Well #9 will be needed in May 2010, but the transmission main will not be needed until 2014. Usually the DIF revenues are sufficient because water needs increase as development increases, but for the past several years DIF revenues have been used to repay debts incurred by Water-related projects several years ago. DIF funds are therefore being carefully managed and their use prioritized.
Glen Hille, VP and Director of Engineering at Boyle Engineering, provided an update on the Water Recycling Program. Most of the involved sub-projects are under budget, on schedule, and making good progress. His presentation included the landfill, the B St. railroad crossing, River Park, River St., Central Ave., and the Water Recycling Plant (WRP). WRP is 95% designed and 95% bought out, so the chances for unexpected expenses have been greatly reduced. Although there have been many WRP change orders, only one change order (adding $300,000) was not in the budget. Many sub-projects have been under budget at various stages. Scott Lee reminded Hille that the Fillmore Middle School needs construction there to stay on schedule, so that it can have its land back as soon as possible. Hille acceded. Bert Rapp, Glen Hille, and FUSD Assistant Superintendent Mike Bush will be meeting on a regular basis. Fillmore has nearly $90 million in capital improvements.

Barbara Smith noted that the City's Water Recycling Plant bond rating has increased from BBB to A.
The Council authorized a response letter to the California Regional Water Quality Control Board (RWQCB) regarding a settlement offer from them for penalties on Fillmore's Waste Water Treatment Plant (WWTP). The penalties were assessed because the WWTP (built in 1955) was not able to treat water up to current State standards, and various bacteria and other particles, such as ammonia and settleable solids, were found in unacceptable quantities in river discharge. RWQCB's settlement offer requested that Fillmore pay $222,000 in violations in one payment. Fillmore's response letter asserts that some violations were caused by wildlife in ponds, and asks that Fillmore not be charged for those. It also requests that $115,000 be payable towards a Supplemental Environmental Project (SEP) instead of the State. Thirdly, the letter asks for a payment schedule instead of a lump sum. The last time Fillmore was penalized, RWQCB and the City agreed on an SEP and payment plan. Because the new Water Recycling Plant is scheduled to replace the WWTP in April 2009 and more penalties are expected between the last assessment period and April 2009, the City is also asking that the State set aside the penalties until then so that all penalties can be processed and settled at once.

The Council amended Fillmore's Zoning Ordinance to allow specified types of business to be conducted in the Business Park without CUPs. The Ordinance categorizes various uses as Permitted, subject to a Development Permit, subject to a Conditional Use Permit (CUP), or Not Permitted. It lists each type of use and the use's permit category for Business Park Sections 1 and 2.

Council directed staff to begin a comprehensive update to the 1994 Zoning Ordinance. Staff will request proposals from Jacobson & Wack, and other firms. The update should ensure the Zoning Ordinance accounts for new technologies, is internally consistent, and aligns with State law, City plans, and the Land Use Element. The process will include soliciting public input.

The Fillmore Redevelopment Agency granted requests to partially fund storefront rehabilitation of two downtown businesses: Ernie's Auto Care and Smog, located at the corner of Central Ave. and Highway 126, and The Guillen Business Center, at 334 Central Ave.

Former City Attorney Roger Myers filled in for City Attorney Ted Schneider, who was on vacation. After a closed executive session including a conference call, Myers announced that a settlement had been reached regarding the two acres of Beserra-owned land that the City had taken for a road east of the current Bridges development.

Ann Ray exhorted the City to provide sod instead of hydroseeding the park near Burlington St., and provide speed bumps at Surrey Way and B St. on Burlington St. She explained that she herself had been hit by a car and that there is a real danger to children from speeders on Burlington. The Council directed staff to obtain cost estimates for sod, and Police Sergeant Dave Wareham took note.

Deputy City Clerk Steve McClary announced that the Fillmore Film Commission has a new website: http://filmfillmore.com/

Cuevas denounced Walker and persons associated with soon-to-be Council Members for disrupting City staff.

The Council received the City of Fillmore State Controller's Annual City Report for Fiscal Year 2007-08. The associated memo said, "The purpose of the Annual City Report is to provide financial data to the California Legislature and to other interested parties."