Fillmore City Council Regular Meeting

CITY OF FILLMORE CITY COUNCIL AGENDA
REGULAR MEETING TUESDAY, AUGUST 23, 2011 6:30 p.m.

CLOSED SESSION
5:30 p.m.

FILLMORE CITY HALL
CENTRAL PARK PLAZA
250 CENTRAL AVENUE
FILLMORE, CALIFORNIA 93015-1907
(805) 524-3701 • www.fillmoreca.com

WELCOME TO THE CITY OF FILLMORE CITY COUNCIL MEETING! Your participation at this public meeting is valued and appreciated. Please note the City Council and Redevelopment Agency convene concurrently.

Agenda/Packet: The Agenda/Packet is available for review at Fillmore City Hall and online at www.fillmoreca.com/cityhall/agendas 72 hours before the scheduled meeting (but generally available the Thursday prior to the scheduled Tuesday meeting). Materials related to an item on this agenda submitted to the City Council/RDA after distribution of the agenda packet are available for public inspection in the City Clerk’s Office during regular business hours and on the City’s website subject to staff’s ability to post the documents before the meeting.

Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the City Clerk’s Office at 534-3701. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102-35.104 ADA Title II)

Audible Devices: Please ensure all audible devices (pagers, telephones, etc.) are off or otherwise not audible when the City Council/RDA is in session. Thank you.

Challenging City Council/Redevelopment Agency Decisions: Any legal action by an applicant seeking to obtain a judicial review of the City Council/Redevelopment Agency’s decision on a hearing or issue listed on this Agenda may be subject to the 90-day filing period of, and governed by, Code of Civil Procedure § 1094.6. Additionally, if you challenge the actions of the City Council/RDA in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the public notice, or in written correspondence delivered to the City Council/RDA at, or prior to, the public hearing pursuant to California Government Code § 65009.

Consent Calendar: Items listed on the Consent Calendar are considered to be routine in nature, not discussed individually, and are normally approved by one motion. If a Councilmember or member of the public wishes to comment on a particular item, that item shall be removed for separate action.

No New Business will be considered by the City Council/RDA after 11:30 p.m. unless a majority of the legislative body determines to continue.

Public Input; If you wish to address the Council/Redevelopment Agency regarding an item listed on this agenda, please complete and submit an Audience Participation Form to the City Clerk prior to consideration of that agenda item. Public Comments is the time for presentations/comments not on this agenda but within the subject-matter jurisdiction of the City Council/Redevelopment Agency. Please complete and submit an Audience Participation Form to the City Clerk prior to the beginning of Public Comments. Pursuant to California Government Code/Brown Act, the City Council/ Redevelopment Agency ordinarily cannot take action on any item that is not listed on the agenda. As a result, matters identified during Public Comment will be referred to staff for follow-up or considered on a future agenda. In accordance with Resolution No. 09-3175, speakers are provided five (5) minutes for items listed on the agenda and no more than five (5) minutes to speak during Public Comments. Please stay within the time allotment indicated by the Mayor.

Replay Schedule: City Council/RDA meetings will be re-broadcast on Channel 10 daily at 6:00 p.m.

1. Call to Order: 5:30 P.M.

2. Closed Session

A. Conference with Legal Counsel – Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 potential case.

B. Conference with Legal Counsel – Anticipated Litigation. Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case.

C. Conference with Legal Counsel – Existing Litigation. Peter Egedi v. City of Fillmore, Fillmore City Council and Fillmore Fire Department; Ventura County Superior Court, Case No. 56-2010-00370737-CU-NP-VTA.

3. Pledge of Allegiance

4. Roll Call: Council Members Brooks, Conaway, Sipes, Walker and Mayor Washburn.

5. Approval of Agenda

6. Presentations and Announcements

7. Public Comments

8. Consent Calendar

Recommendation for Items A. through C. is to Approve:

A. Warrant List for August 23, 2011.
B. Sale of Fillmore Police Department Motorcycle to City of Thousand Oaks
C. Agreement Between the State of California, Owner of Taco Bell, and the City for Maintenance of Landscape Area within State Highway Right of Way

9. Department Reports – City Council

Community Development

A. Provide Direction to City Staff in Determining the Development Impact Fee Calculations for Tract Map 5474-1 Lots 38-47, 49, 55, and 56; Applicant, Capital Pacific Real Estate

Recommendation: 1) Provide direction to staff whether to adhere to the Development Agreement (2002) plus Construction Cost index, pay the most current Ventura County reciprocal Traffic and pay the most current Sewer DIF at $12,377/unit, or 2) to begin the process to terminate the Development Agreement (2002) and collect the most current DIF.

City Manager’s Office

B. Consideration and Adoption of Ordinance 11-832 of the City Council of the City of Fillmore, California, Determining It Will Comply With The Voluntary Alternative Redevelopment Program Pursuant to Part 1.9 Division 24 of the California Health and Safety Code in Order to Permit the Continued Existence and Operation of the Redevelopment Agency of the City of Fillmore Subject to AB1X 26-27 Being Upheld and the Stay Lifted; and Adopt Enforceable Obligation Payment Schedule and. Authorize It to Be Submitted to the State

Recommendation: 1.) Adopt Ordinance 11-832 and authorize staff, if necessary, to make the payment to the State (It will be contingent upon AB 1X 26-27 being upheld and the stay lifted; 2) Adopt enforceable obligation payment schedule and authorize it to be submitted to the State.

C. Consideration of Draft Materials and Direction to Staff Concerning the Request for Qualifications (RFQ) for City Attorney Services.

Recommendation: 1) Consider RFQ and provide direction to staff; 2) If the Council wishes to proceed, authorize the City Manager to make any necessary changes to the draft RFQ proposal and to proceed with the process as directed by Council.

Police Department

D. Request City Council to Review and Provide Direction on Citizen’s Option for Public Safety (COPS) Funds FY 2011-12, Allocation of Funds for a Dual Gang Prevention/School Resource Officer for the City of Fillmore and Authorize Staff to Make the Appropriate Budget Adjustments

Recommendation: 1.) Approval of staff recommendation to utilize funding for a F/T Gang Prevention/School Resource Officer in conjunction with the Fillmore Unified School District during the school year, 2) Authorize staff to make the appropriate budget adjustments..

11. Committee, Commission, and Board Reports

12. City Council Reports, Recommendations, and Comments

A. City Councilmember Travel Requests/Brief Reports
B. Any Councilmember May Propose Items for Placement on Future Agenda
C. Council Referrals/Brief Comments

13. City Manager

A. Follow-Up on Requests from the Public/City Council

14. Announcements and Upcoming Issues

15. Closed Session

16. Adjournment: City Council Adjourns to a Regular Meeting Scheduled for Tuesday, September 13, 2011 at 6:30 p.m. at City Hall, 250 Central Avenue.

* * * * * * * * * * * * * * * * * * *

Upcoming Meetings and Related Agenda Items (Info Only)

Agenda Posted: August 18, 2011, 5:00 p.m.