Public Works Director Bert Rapp explained to city council that Two Rivers Park will need sod to replace the failed hydroseed.

Two Rivers Sod
“This is not an easy item,” said Public Works Director Bert Rapp on Tuesday night, asking council to approve the installation of sod at Two Rivers Park, where hydroseeding has failed. The grass, hydroseeded in September 2009 (10 acres), is not growing as anticipated.

“It has not grown as it should have grown,” stated Rapp, citing improper care by the contractor after seeding.
Negotiations have been going on with the contractor to rectify the problem “on his nickel” according to Rapp. This approach yields the Change Order price of $156,000 to upgrade to sod.

He made it clear that the contractor was “absorbing [the] pain of the problem” financially. The contractor will pay $3,000 per day after April 15th if the sod is not “mowable” at one inch. Motion for sod passed 3-0.

Two Boys & Girls Club sites close
Interim Chief Professional Officer Sheila Tate began Tuesday’s council meeting by announcing the closing of three Boys & Girls Club sites, two in Fillmore. As of January 31st the North Fillmore and Rancho Sespe Clubhouses will close due to financial pressures. Tate said the organization is consolidating and reorganizing, and hopes the closings will be temporary. Displaced members are encouraged to attend the First Street Boys & Girls Club.

Tate thanked Santa Clara Valley Disposal, Big Brothers and Sisters, American Girl Scouts and the Fillmore School District for their involvement in helping the Club. She also announced that actor/activist Martin Sheen will be the keynote speaker at the Breakfast of Champions on Feb. 26. Anyone with questions or suggestion can contact Tate at 805-525-7910.

Take Your Family to Dinner for the Club
Fundraisers are in the works to benefit the Club, with resident Marcos Hernandez inviting the public to the El Pescador courtyard on Wednesday, February 24, from 5-8pm to help raise funds. Tickets are $10 for a dine-in or take-out meal and soft drink. “Hopefully, with the city’s help, we can raise some funds for the Boys and Girls Club,” said Hernandez.

Hernandez said El Pescador owner Jesus “Chuy” Ortiz, Brian Sipes of Market Mortgage, Police Chief Tim Hagel, and Fire Capt. Rigo Landeros are working together to make the event a success. Tickets can be purchase from any of the men involved.

Other fundraisers are in the works with Filllmore & Western Railway on March 21st, and Taste of the Valley on May 2nd.

Equestrian Committee Opening
Deputy City Manager Bill Bartels announced an opened public member seat on the Equestrian Center Committee seeking a public member which is made up of two council members, one 4-H Farm Board member and the public seat. Anyone interested in serving on the committee can contact Bartels at city hall, 524-1500 ext. 227 or Ky Spangler ext. 211.

Hope for Haiti Fundraiser
Mimstar owner Karen Thayer announced a fundraiser, Hope for Haiti 2010, selling t-shirts to raise $1,000 for the devastated country. The shirt, designed in the red and blue colors of the Haitian flag, will sell for $15, with $10 going directly to the Camarillo branch of the American Red Cross. Mimstar is located in Mirage, at 508 Santa Clara Street, Fillmore.

Friends of Library Bench
Council voted 2-1 in favor of the city installing a bench in front of the Fillmore Library. Friends will buy their own bench and public works will install and secure it on county property with permission and the stipulation that Friends indemnify the city for installation. Councilmember Steve Conaway voted no, saying he didn’t see the reason for the city to become involved in an action that was between the county and an organization. Conaway also questioned the wisdom of purchasing a store-grade bench, as opposed to a higher quality one, such as cement or cast iron.

Development Impact Fee Modification
Council discussed and debated the modification of underground utility fees for El Pescador Restaurant (passed 3-0 to remove the condition to underground utilities); and Development Impact Fee deferment (passed 2-1, with Conaway voting No, Walker and Hernandez absent). Resulting from a ‘perfect storm’ of actual water usage, size of water lines, water estimates and delayed bill submittals, the city ended up absorbing a difference of $9,600, which due to the 2-1 vote won’t be collected.

Conaway asked if it is “fair to say developers aren’t paying their fair share” when fees are reduced after the fact? Rapp answered “yes”, when an agreement to pay is modified, it is “not fair to rate payers in the city”, saying someone has to pay for the water infrastructure; ie, pumping, storage and piping, etc.
Third vote was on amending the April 2005 Deferment agreement to extend the monthly payment plan to $2,000 a month until payment is completed, which passed 3-0. Conaway voted ‘yes’ with the comment that he hopes “we don’t have to extend this further” referring to the prior extensions since 2004. He also commented that it can be a “slippery slope” when deferring or reducing impact fees.

Towne Theatre Finances
Bartels presented a PowerPoint on the Fillmore Towne Theatre and its consistent financial loss, approximately $140,000 since 2004. Council voted to form a community Towne Theatre group with a council sub-committee, 3-0.

Closed Session
Council went to Closed Session with City Attorney Ted Schneider regarding the threat of litigation by Californians Aware representative Richard McKee over the alleged violation of the Brown Act.