Council Votes to Further Discuss, Move Forward With Property Inspection Program

There were three items of new business on the Fillmore City Council Meeting and one old one, which was the establishment of a Pre-sale/Human Living Standards Inspection Program. Just as at the last council meeting on September 8th, many Ventura Country Realtors came to voice their opposition to the program.

Dennis Goldstein past president of Ventura County Coastal Association of Realtors (VCCAR) addressed the Council stating, "Realtors are dedicated to peoples private property rights" and said he opposed the program "It places an unfair burden on property owners....reduces the privacy of the property."

Dale King with Santa Paula Troop Realty stated he was also opposed to the program for many of the same reasons that Goldstein spoke of. "It's not the newer homes that are the problem, it is the smaller older properties that will be burdened with the added expense King told the Council..... Some were built before there was a code enforcement and some of the conversions were done because there was no need to park a car in the garage. It is expensive to return some properties back to their original condition, and often these are the people who can least afford it..... A first time buyer can't afford it."

King encouraged a County Record check and a copy of the permit file, which cost about $40-$80. He said they are helpful disclosures between a buyer and seller.

Realtor Mark Chacon commented the program would make realtors regulators and create extra liability for them. "The ordinance could be harmful to property rights." Chacon said he would like the Council to meet and discuss the program with realtors before moving forward.

Fillmore Realtor Theresa Robledo addressed the Council voicing her opposition to the program, followed by Marta Brown, Government Affairs Director at VCCAR who read a letter from Realtor Cindy Diaz-Telly. The letter stated Diaz felt the Council had misunderstood comments at the last meeting regarding garage conversions. Banks will not loan on garage conversions, it read, leaving only those that can pay cash or a large down could purchase them. It also stated the ordinance does no good to really reduce the problem, but only generates money for the City, since the new owner can reverse whatever is required to be changed. It went on agreeing with the others who had already spoken, reading it will create another layer of red tape.

Fillmore Realtor Ray Galvez questioned the Council on whether Fire Chief Rigo Landeros had kept records on how many fires were the result of conversions. He remarked owners of those properties already converted, which are older, will not want to sell or invest further in the property, increasing deferred maintenance which will put the property in a more deteriorated condition.

Council Member Rick Neal said he wanted full disclosure and was "Still in favor of it." He read emails he had received complaining about a house with 20 people being "warehoused....this (program) is what's right for Fillmore." He went on to comment about someone in Fillmore being caught for slavery.

Council Member Manuel Minjares remarked on the three main areas the program deals with; room additions, garage conversions and room subdivisions. "I'm leaning forward toward a program like this. I think this is a good compromise with realtors." Minjares questioned Galvez perspective on the issue of fires due to conversions. "I have read too many fire in other communities from un-permitted conversions."

Council Member Carrie Broggie commented that she has spoke to people on both sides of the issue and feels Fillmore's housing market is important and it needs to be kept quality inventory. Both Broggie and Minjares agreed the program could have a sunset date if not needed and be removed.

Council Member Diane McCall stated, "Clean, safe housing is important to every city" but felt this ordinance was over-reacting.

"This is opening the door. It's violating rights of people with property." McCall agreed with the realtors who had spoken earlier and said it was an added layer of red tap for buyers and sellers. She said the email mentioned earlier with the 20-25 people living in one house was not due to an illegal conversion and this would not do much to stop situations like that.

Minjares responded, "What this highlights is a need for affordable housing." Mayor Douglas Tucker thanked the realtors for their input and stated that the police and fire departments do not report on conversions, "They are not code enforcement. I think this is a good compromise. At the end of the day my interest is on safety."

Neal stated he would like the Building and Safety to do any inspections and the cost should be no more than $100. He also does not want realtors to be required to disclose if a conversion had happened.

Broggie questioned why the codes on the books are being followed, "We need to enforce them."

Minjares questioned if the council was ready to more forward with the program. To which Neal responded he wanted it done and an automatic $100 inspections.

Tucker was concerned with the flexibility of the program and whether a person could buy a property "as is" and be given time to bring it to code.

It was agreed by most of the Council that the program needed more discussion on particulars of enforcement, but that the program should move forward.

A vote was taken with McCall the only No vote. The program will again be brought before the Council on October 20, 2015.

Additional business on the agenda was agreement on a new contract with Santa Clara Valley Disposal. It was also agreed upon to raise the rates of monthly trash pickup. The contractor has not received a rate increase since 2009. The increase will be an 8% ($1.96) increase followed by a 4% ($.86) increase each of the following four years, which will start January 1, 2016 if approved.

Another item on the agenda was a contract with Granicus Inc. to stream live video of the council meetings making them available via the internet. This will allow those residents who do not carry Time Warner Cable to view the meetings. Patrick Maynard I.T. Consultant informed the Council it could be up and running in 45 days and would cost $4,000 for the equipment, $9,300 the first year and $4,800 annual cost with a $400 monthly fee.

There was also an agenda item asking for direction on establishing an amphitheater in Fillmore. During the goal setting session earlier this year an amphitheater was suggested. It would be used as a gathering place for concerts, plays and other outdoor activities. A location is sill being discussed.