Fillmore City Council held its regular monthly meeting July 8, 2008, at 6:30 p.m. at City Hall. Councilmember Laurie Hernandez was welcomed back. The City of Fillmore Redevelopment Agency also met during the Council meeting.
The North Fillmore Area General Plan Amendment Initiative was thoroughly discussed. City Attorney Ted Schneider explained that because the initiative has received verified voters’ signatures for over ten percent of the City’s voters, the Council must either adopt the initiative or place it on a regular election ballot. The initiative must be placed on the ballot at least 88 days before the election. The Council also had the option of ordering an impact report. The Council ordered an impact report, including an analysis of the initiative’s impact on affordable housing, circulation, and its potential economic impact on jobs. The report will be ready by August 7th, and is estimated to cost less than $20,000. The Council voted to put the initiative itself on the November 4, 2008 ballot.
The Council approved the “Fillmore Realities” position paper in response to the FEMA flood map problem and its impact on the proposed annexation of certain areas to the City. The Council adopted the June 27th Addendum to Initial Study and Negative Declaration Fillmore Business Park Master Plan Final Environmental Impact Report. The Addendum and position paper will be conveyed to the Local Agency Formation Commission of Ventura County (LAFCO). The Council approved sending the Mayor and Mayor Pro Tem to Washington D.C. to lobby against the FEMA flood map. The Council approved a Memo of Understanding with Ventura County Watershed Protection District for preparing a response to FEMA flood map revisions.
Marcus Hernandez alleged that a volunteer firefighter has been carrying a taser and harassing and intimidating people in Fillmore. Hernandez pointed out that there were no city guidelines regarding the use of tasers by city employees, and asked the council to look into whether the use of tasers was appropriate and authorized in this case. Mayor Steve Conaway stated that this was a personnel matter, but added, “City policies stipulate that harassment is not tolerated.” The council respectfully considered Hernandez’s comments, requested that any victims come forward to provide the council with more information in writing or in person, and assured the public that complaints like those are confidential. This matter was placed on the agenda for the next Council meeting.
The Council adopted resolutions regarding a change in the Traffic Level of Service for the intersection of Highway 126 and A Street. The standard was lowered from D to E. This accurately reflects the number of lanes and turn lanes there. The City’s General Plan was amended accordingly. No physical development is involved. The change was reflected in the Fillmore Business Park Master Plan Final Environmental Impact Report.
The Council approved a response to the Ventura County Grand Jury report titled “Fillmore-Piru Memorial District Reorganization.” The Grand Jury’s report called for the special district responsible for operating and maintaining the Memorial Building to be dissolved. The Council is urging the LAFCO board not to dissolve the District because it provides and maintains an essential service to the community.
The Council approved a letter from Mayor Steve Conaway to the Ventura County Board of Supervisors regarding the truck traffic going through Ojai from the Ozena Valley Ranch Gravel Mine. The strongly-worded letter effectively argues that the trucks should not be re-routed through Fillmore.
There was discussion about which position the Council should take on Proposition 7. According to a representative from Southern California Edison, the proposition would “mandate utilities by the year 2025 have 50% of the energy that we procure on behalf of all of our customers be renewable.” He argued that the proposition does not take into account the costs to do so, is poorly written, and does not provide enough time. Brian Sipes made a public comment that the proposition is 42 pages long, and should be thoroughly considered before the Council determines its position. The matter will be discussed further at the next City Council meeting.
A representative from the Ventura County Fair presented this year’s Fair poster. The Ventura County Fair will be from July 30th to August 10th. The entertainment schedule has been determined, and the Beach Boys will be performing.
Upon the recommendation of Public Works Director Bert Rapp, the Council approved the contract plans and specifications for the construction of the Santa Clara River Permeable Weirs. The Council also authorized advertising for bids on the project.
A loan agreement was made between the Council and the Fillmore Redevelopment Agency. The City is providing a short-term loan of $142,500 for the Central City Project Area Fund.
The Council designated Mayor Steve Conaway as the voting delegate to the League of California Cities Annual Conference in Long Beach in late September. Mayor Pro Tem Cecilia Cuevas and Patti Walker are alternates.
The contract for Fire Department and Public Works Yard Improvements is going back out for bids because the generator was not included in the original advertisement.
Construction on River Park is proceeding. The contract was awarded to PIMA Corporation. If the contract’s contingency money is not spent, then the City will add tennis courts, more bathrooms, and/or basketball courts to the contract later. The skate park will be finished in December.
The Council approved a change order enlarging the drainage pipes for the Fillmore Recycling Plant. The cost increase will be paid for by the two developers involved. The exact amount of the cost increase is not yet determined.
The Council discussed the deplorable state of the Shiells Park restrooms and is considering remedies.
At the August 26th City Council meeting, the policy of publicizing city employee salaries will be discussed. Jamey Brooks had commented earlier that he did not believe city salaries should be secret.

FILLMORE CITY COUNCIL
MONDAY, JULY 7, 2008

SPECIAL MEETING
7:00 P.M.

FILLMORE-PIRU VETERANS MEMORIAL BUILDING
511 SECOND STREET
FILLMORE, CALIFORNIA 93015-1907

AGENDA

IF YOU WISH TO SPEAK: Oral Communications is the time for citizen presentations or comments on items not on the agenda, but within the responsibility of the City Council. Please complete an Audience Participation Form prior to the beginning of oral communications and hand it to the clerk if you wish to speak. Please stay within the time limit indicated by the Mayor. If you wish to speak on an item on this agenda, please fill out an Audience Participation Form and hand it to the clerk prior to that item.
AUDIBLE DEVICES: Please ensure all audible devices (pagers, telephones, etc.) are off or otherwise not audible when the Council is in session. Thank you.
AGENDA TIMES: Please note the time listed for each agenda item is the suggested/estimated time for that item to begin. Items may be heard earlier or later than the listed time. The estimation includes providing an occasional 10-minute break. No new business will be considered by the City Council after 11:30 p.m. unless a majority of the Council determines to continue.
MEMORANDUMS: Memorandums relating to agenda items are on file in the Administrative Assistant’s Office. If you have questions regarding the agenda you may call City Hall at (805) 524-3701 or come to City Hall for information. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the Administrative Assistant’s office at City Hall during normal business hours. Such documents are also available on the City of Fillmore’s website at www.fillmoreca.com subject to staff’s ability to post the documents before the meeting.
REPLAY SCHEDULE: City Council meetings will re-broadcast on Channel 10 on Wednesdays at 10 a.m., Saturdays at 10 a.m., and Sundays at 6 p.m.
CITY COUNCIL AND REDEVELOPMENT AGENCY AGENDAS ARE POSTED AT: www.fillmoreca.com/cityhall/agendas

ITEM REFERENCE**

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE Oral
2. APPROVAL OF AGENDA Oral
3. ORAL COMMUNICATIONS Oral
Oral Communications is the time for citizen presentations or comments on items not on the agenda, but within the responsibility of the City Council. Please complete an Audience Participation Form prior to the beginning of oral communications and hand it to the clerk if you wish to speak. Please stay within the time limit indicated by the Mayor. If you wish to speak on an item on this agenda, please fill out an Audience Participation Form and hand it to the clerk prior to that item.

4. CITY COUNCIL WORKSHOP
4A. Storm Water Permit Options. (7:10p)
4B. Brine Discharging Water Softeners.
4C. FEMA Floodplain Mapping Update.

5. ADJOURNMENT – City Council adjourns to a regular meeting set for Tuesday, July 8, 2008 at
6:30 p.m. at Fillmore City Hall, 250 Central Avenue, Fillmore, California. (9:00p)

PLEASE NOTE: If you challenge the actions of the City Council 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 at, or prior to, the public hearing. (Calif. Gov't Code §65009).
Any legal action by an applicant seeking to obtain a judicial review of the City Council's decision on a Hearing listed on this Agenda may be subject to the 90-day filing period of, and governed by, Code of Civil Procedure Section 1094.6
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Assistant at (805) 524-3701. 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)

FILLMORE CITY COUNCIL
TUESDAY, JULY 8, 2008

REGULAR MEETING
CITY COUNCIL CHAMBERS
6:30 P.M.

FILLMORE CITY HALL
CENTRAL PARK PLAZA
250 CENTRAL AVENUE
FILLMORE, CALIFORNIA 93015-1907

AGENDA

IF YOU WISH TO SPEAK: Oral Communications is the time for citizen presentations or comments on items not on the agenda, but within the responsibility of the City Council. Please complete an Audience Participation Form prior to the beginning of oral communications and hand it to the clerk if you wish to speak. Please stay within the time limit indicated by the Mayor. If you wish to speak on an item on this agenda, please fill out an Audience Participation Form and hand it to the clerk prior to that item.
AUDIBLE DEVICES: Please ensure all audible devices (pagers, telephones, etc.) are off or otherwise not audible when the Council is in session. Thank you.
AGENDA TIMES: Please note the time listed for each agenda item is the suggested/estimated time for that item to begin. Items may be heard earlier or later than the listed time. The estimation includes providing an occasional 10-minute break. No new business will be considered by the City Council after 11:30 p.m. unless a majority of the Council determines to continue.
MEMORANDUMS: Memorandums relating to agenda items are on file in the Administrative Assistant’s Office. If you have questions regarding the agenda you may call City Hall at (805) 524-3701 or come to City Hall for information. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the Administrative Assistant’s office at City Hall during normal business hours. Such documents are also available on the City of Fillmore’s website at www.fillmoreca.com subject to staff’s ability to post the documents before the meeting.
REPLAY SCHEDULE: City Council meetings will re-broadcast on Channel 10 on Wednesdays at 10 a.m., Saturdays at 10 a.m., and Sundays at 6 p.m.
CITY COUNCIL AND REDEVELOPMENT AGENCY AGENDAS ARE POSTED AT: www.fillmoreca.com/cityhall/agendas

ITEM REFERENCE**

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE Oral

2. APPROVAL OF AGENDA Oral

3. ORAL COMMUNICATIONS Oral
Oral Communications is the time for citizen presentations or comments on items not on the agenda, but within the responsibility of the City Council. Please complete an Audience Participation Form prior to the beginning of oral communications and hand it to the clerk if you wish to speak. Please stay within the time limit indicated by the Mayor. If you wish to speak on an item on this agenda, please fill out an Audience Participation Form and hand it to the clerk prior to that item.

4. CITY COUNCIL CONSENT CALENDAR (6:40p)
4A. Warrant List for July 8, 2008. Copy
4B. Trust Warrant List for July 8, 2008. Copy
4C. Response to Ventura County Grand Jury Report titled, “Fillmore-Piru Memorial Copy
District Reorganization”.
4D. Designation of Voting Delegates and Alternates for the League of California Cities Copy
Annual Conference 2008 – September 24-27, Long Beach.
4E. Approval of Easement Agreement with the Ventura County Transportation
Commission on Railroad Right-of-Way from Central Avenue to B Street. Memo
4F. Authorization to Advertise for Bids for Permeable Weirs for Wastewater Memo
Treatment Plant Site and Riverwalk Levee.
4G. Approval of Design Revision Contract to the North Fillmore Storm Drain Water Memo
Treatment Diversion.
4H. Letter to Ventura County Board of Supervisors Re: Truck Traffic from Ozena Valley Memo
Ranch Gravel Mine.
4I. Authorizing/Accepting Short Term Loan for Central City Project Area Fund of Memo $142,500 from the City of Fillmore to the Fillmore Redevelopment Agency.
5. PRESENTATIONS – None.

6. CITY COUNCIL PUBLIC HEARINGS

Special Projects Manager
6A. Continued Public Hearing from June 24, 2008: Adoption of Initial Study and Memo/
Negative Declaration Regarding a Change in the Traffic Level of Service for the Resos
Intersection of State Highway 126 and “A” Street; Adoption of an Amendment to (7:00p)
The Circulation Element of the General Plan to Change the Traffic Level of
Service (LOS) from D to E at the Intersection of Intersection of State Highway 126
And “A” Street; and Approval of Changes to the Conditions of Approval and
Mitigation Measures Approved for the Intersection of State Highway 126 and “A”
Street as Part of the Fillmore Business Park Master Plan Final Environmental
Impact Report. (City Council Resolutions Nos. 08-3150, 08-3151, 08-3152.)

7. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARINGS – None.

8. CITY COUNCIL BUSINESS ITEMS

City Attorney
8A. Consideration of Options with Respect to North Fillmore Area General Plan Memo
Amendment Initiative. (7:30p)

Deputy City Manager
8B. Adopt City Council Resolution No. 3149: Adopting the Fillmore Business Park Memo
Master Plan Final Environmental Impact Report Addendum Dated June 27, 2008; (8:00p)
Consideration, Direction and Adoption of an Additional “Fillmore Realities” Paper
For Inclusion in the Local Agency Formation Commission Hearing July 16, 2008.

8C. Consideration and Direction of Strategies for Contacting and Lobbying Federal Memo
Elected Officials on the Federal Emergency Management Agency Floodplain (8:15p)
And Floodway Issues; Consideration of Additional Funding Appropriation for this
Lobbying Effort.

City Manager
8D. Adopt City Council Resolution No. 08-3153: A Resolution in Opposition to the Memo
Risky Energy Initiative (AG#: 07-0066); Determine Whether or Not the City (8:25p) of Fillmore should become a Member of the Coalition of Organizations,
Businesses and Citizens Urging a No Vote on the Risky Energy Proposition
Headed for California’s November 2008 Ballot.

Public Works Director
8E. Award of Contract for the Effluent Disposal and Reuse for Fillmore Middle School Memo
And Railroad Right-of-Way Specification No. 08-04. (8:35p)

8F. Award of Contract: River Park Improvements. Memo
(8:45p)

8G. Award of Contract: Effluent Disposal and Reuse Pipeline River Park to Heritage Memo
Valley Parkway – Segment A; Central Avenue to Fillmore Pool – Segment B. (9:05p)

8H. Authorization for Approval of American Water Change Orders Nos. 6, 7, 8 and 9 Memo
for Fillmore Recycling Plant DBO. (9:25p)

8I. Approval of Memorandum of Understanding with Ventura County Watershed Memo
Protection District for Preparing Response to FEMA Map Revisions (9:45p)
Consideration of Independent Contracts.

9. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BUSINESS ITEMS

9A. Award of Contract for Fire Department and Public Works Yard Improvements. Memo
(10:00p)
10. CITY COUNCIL REPORTS, DISCUSSION AND APPOINTMENTS
10A. Information/Direction to Staff on Legislative Matters and Emerging Issues. Oral
10B. City Council Member Travel Reports. Oral
10C. Other Discussion/Information from Mayor, City Council and City Staff. Oral
10D. Any Council Member may propose items for placement on a future agenda. Oral
Members may discuss whether or not an item should be placed on a future agenda and the description of the agenda item. Any direction to the City Manager shall have discretion as to when the item will come back on the Agenda, unless the City Council identifies a specific meeting for the item’s return.

11. CITY COUNCIL EXECUTIVE SESSION
11A. Conference with Real Property Negotiations (Gov’t Code Section 54956.8); Property Owners: Saticoy Lemon and Fillmore-Piru Citrus; Agency Negotiators: Glenn Hille and Heather Johnson, Boyle Engineering; Under Negotiation: Price and Terms of Payment.

12. ADJOURNMENT – City Council adjourns to a regular meeting set for Tuesday,
August 26, 2008 at 6:30 p.m. at Fillmore City Hall, 250 Central Avenue,
Fillmore, California. (10:45p)

PLEASE NOTE: If you challenge the actions of the City Council 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 at, or prior to, the public hearing. (Calif. Gov't Code §65009).
Any legal action by an applicant seeking to obtain a judicial review of the City Council's decision on a Hearing listed on this Agenda may be subject to the 90-day filing period of, and governed by, Code of Civil Procedure Section 1094.6
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Assistant at (805) 524-3701. 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)

CITY OF FILLMORE REDEVELOPMENT AGENCY
REGULAR MEETING

TUESDAY, JULY 8, 2008
6:30 P.M.

FILLMORE CITY HALL
250 CENTRAL AVENUE, FILLMORE, CA 93015-1907

AGENDA
ITEM REFERENCE*
1. CALL TO ORDER

2. ORAL COMMUNICATIONS (See City Council Agenda for Oral Communications.)

3. REDEVELOPMENT AGENCY CONSENT CALENDAR
3A. Warrant List for July 8, 2008. Copy
3B. Authorizing/Accepting Short Term Loan for Central City Project Area Fund of $142,500 from the City of Fillmore to the Fillmore Redevelopment Agency. 4I**

4. REDEVELOPMENT AGENCY PUBLIC HEARINGS – See City Council agenda for any joint public hearings.

5. REDEVELOPMENT AGENCY BUSINESS ITEMS – See City Council agenda for any
joint business items.

5A. Request to Defer Development Impact Fees – Applicant Mike Sarahang, 07/08
Maggie Apartments.
5B. Request to Defer Development Impact Fees – Applicant Cabrillo Economic 07/08 Development Corporation, Central Station Townhomes.

6. REDEVELOPMENT AGENCY EXECUTIVE SESSION – None

7. ADJOURNMENT: Redevelopment Agency adjourns to a regular meeting, set for Tuesday, August 26, 2008 at 6:30 p.m., at Fillmore City Hall, 250 Central Avenue, Fillmore, California.

* Memorandums and/or reports relating to agenda items are on file in the Administrative Assistant’s Office on the Public Notice Board. If you have questions regarding the above items you may call the Administrative Assistant at 524-3701 or go to City Hall for further information. Materials related to an item on this agenda submitted to the Agency after distribution of the agenda packet are available for public inspection in the Administrative Assistant’s office at City Hall during normal business hours. Such documents are also available on the City of Fillmore website at www.fillmoreca.com subject to staff’s ability to post the documents before the meeting.
** Items marked with (**) are found in the City Council reports for the same date.

City Council Replay Schedule: City Council meetings will re-broadcast on Wednesdays at 10 a.m., Saturdays at 10 a.m., and Sundays at 6 p.m.

At the last City Council meeting the council voted to support a future business item on the issue of the General Plan Safety Element. The Safety Element lists, in broad brush strokes, the risks and issues of living in Fillmore. We’re a small town surrounded by rivers, creeks and mountains. If we live in Fillmore, we have a responsibility to understand what risks we collectively share and accept. As individuals, we should be prepared for disastrous events. Living in Southern California our largest risk is possibly that of earthquakes. The effects of such events still ring true for many in town. We also know that our rivers and creeks have been known to flood, our hills burn and mudslides do occur. Yet, we all accept these risks and continue to live in our respective locations. Part of the Safety Element should be continuing education. Just as our Fire and Police Department train for events, individually we should also be trained and prepared for Mother Nature’s worst. I hope that citizens take the opportunity to engage this issue and help us revise the important aspects of the General Plan Safety Element as that process takes shape.
When I consider my family’s personal preparedness, it’s apparent that we need to do more. The following is meant to spur thought on the matter. As families do we have an emergency plan in place and do we talk about it? Does each family member know their roll in the plan? If the family is separated, do we have a designated location to meet at especially if we have to evacuate our home? Do we have a contact person we can call and check in with if we’re separated? Are we physically prepared? Do we keep our vehicles filled with gas at all times so that we can use them when the time arises? Not an easy goal to achieve if you have teenagers in the family, I know this first hand. Do we have ample supplies of food and water to sustain us until assistance arrives? Is that food and water rotated and checked on a routine basis? Do we have a “grab and go” pack in the event we have to evacuate our homes which contain food, water, medications, clothes and sundries? Are we prepared to care for our pets in times of need? Do we have small preparedness packs in each car? Think about your commute to work. What is the chance that an event happens when you are away? I realize that I have work to do. Being prepared is more of a journey than a destination.
Training is a key component to being prepared. Fillmore has a great program in place that provides training, free of charge, to any citizen, that being CERT. Citizen Emergency Response Training is a class which has directly benefited all graduates and their neighbors and families. These willing and now trained citizens will assist our professional emergency responders in the event of a disaster.
Being prepared can reduce the stress that will naturally be present in times of a disaster. Having a plan to execute is much easier than not knowing what to do and not being prepared. We all have the choice to either be prepared or to be helpless. Tough times have fallen upon us in the past and will again in the future. Choosing to take control as individuals and reaching out to help others will better prepare us as a city. Being prepared as a city is a worthy journey indeed. We can’t help others with their oxygen masks if we don’t know how to use it ourselves.
On a different topic, residents should have received a card informing them of pending fees associated with Chloride and Storm Water Treatment. The intent of the unanimous City Council in delivering this card was to educate the citizens of other pending issues facing the city. Understanding the driving force behind these pending State requirements is important. It is not the City of Fillmore that is willingly proposing these changes. We are reacting to legislative state bodies which impose rules and regulations. These rules and regulations are backed by fines to seek compliance. The root of these proposed requirements started with the Clean Water Act. We are now seeing the “devil in the details”. As a city we’ll be required to address chlorides and storm water in one manner or another in the future. Our goal is to comply, in the least costly manner possible. If you have concerns, I encourage you to attend the meetings and speak before the Regional Water Quality Board. Let them hear your concerns and the impact these far reaching requirements will have on you as a citizen.
Steve Conaway,
Mayor City of Fillmore

Senator George Runner
Serving the 17th District which incorporates portions of the Los Angeles, San Bernardino, Ventura and Kern counties.

California’s economy is in a downward spiral, and Democrat legislators seem determined to make sure we hit rock bottom as fast as possible.

With reports of the unemployment rate nearing 7 percent, home foreclosures breaking all-time records and gasoline nearing $5 a gallon, the only solutions Democrats have offered are to raise taxes, meddle with the free market and impose more onerous regulations on businesses.

Assembly Bill 2716 essentially does all of the above. The bill, which passed the Senate Labor and Industrial Relations Committee yesterday on a 3-2 party line vote, would demand that all employers provide paid sick leave to every employee – in spite of the employer’s ability to pay and regardless of whether the employee works full or part time.

Specifically, any California employee who has worked at least nine hours in a given year would be entitled to paid sick leave at the accrual rate of one hour per 30 hours worked. Furthermore, employees would qualify after working only 90 days.

Like a mandated tax, AB 2716 would cost employers $4.6 billion in the first five years if it were to pass, according to a study by the National Federation of Independent Business Research Foundation.

The study also shows 370,000 California jobs would be lost within five years of AB 2716’s enactment. So much for helping working Californians.

But this bill goes beyond being a job killer; it’s a cold-blooded economy killer. It would cost California companies an estimated $59.3 billion in sales in the first five years of enactment according to the same study.

With statistics like these, what business entrepreneur would dare open shop in California? The answer is: not many.

As this bill moves through the Legislature, my colleagues need to understand the level of damage these types of mandates inflict on the engine of California’s economy.

They need to understand that when small businesses get hit with cost increases, they cannot automatically increase prices to make up the difference.

The bill’s next stop is in the Senate Appropriations Committee – of which I am a member. I can assure you I will cast a “no” vote for this economy-killer bill.

Bill Faith praised the city for keeping Safe and Sane fireworks legal.

Fillmore City Council and Fillmore Unified School District School Board held a joint meeting July 1, 2008, at 6:30 p.m. at City Hall. It was followed by a brief City Council meeting.
Fire Department Captain Bill Herrera gave an overview of the Fourth of July plans. All school grounds will be closed and blocked off with fences where necessary. The aerial fireworks show has been moved to the middle school, and there will be no ground show. City Manager Tom Ristau has mandated a zero tolerance policy for illegal fireworks; police and firefighters will be patrolling the parks and shopping centers. There is a $1000 fine for possessing or using fireworks that fly or explode.
A few people spoke up during the time allotted for public comments. Bill Faith praised the city for keeping Safe and Sane fireworks legal, mentioned the importance of sales for non-profit organizations’ fundraising efforts, and provided a list of over 200 other cities in California that also allow fireworks.
Roger Campbell recommended that the city lobby the federal government to postpone approving and publicizing the FEMA study results and maps by arranging appointments with local representatives and sending people to Washington D.C. Keith Greenburg introduced himself as a representative of the company taking over management of the water treatment plant. He stated that he and his colleagues are looking forward to participating in community life here in Fillmore.
FUSD Assistant Superintendent Mike Bush spoke on behalf of Superintendent Jeff Sweeney and Ruth Ricards, Director of Child Nutrition, regarding problems with push-cart vendors. Elementary school students have been avoiding school food in order to buy sweets and snacks from push-cart vendors after school. The carts sometimes block sidewalks, causing children to enter the street, and children are running across streets to get to the carts. The problem is particularly bad on First Street. There was discussion as to whether the vendors were licensed, and the city council is considering the possibility of creating a city ordinance to restrict the vendors from selling when children are being dismissed from school.
Kim Tafoya, Cross Country Coach at Fillmore High School, presented information on an upcoming Striders Club and Cross Country team trip to Mammoth. The student athletes will “team-build and run” on various trails around area lakes. Coach Paul Fitzgerald was also there to answer questions. The Board voted to approve the trip.
The Council increased the City Manager's charge order authorization for the River Street at Highway 23 traffic signal construction project to $23,000. The increase includes the under $10, 000 cost of an emergency vehicle interrupt system that will allow emergency vehicles to change the signal to a green light. According to the recommendation memo, the increase also provides for "the event an unforeseen circumstance arises while the Council is dark for the summer and the signal is under construction".
Some joint business was efficiently conducted without much discussion. The Council verified that the city had allotted money in the budget for a School Resource Officer. The Council and Board approved the effluent disposal system construction schedule. The schedule coordinates between the city and school district to save money and allow continued use of school facilities during construction. The Council and Board also approved a reimbursement agreement for certain improvements between the Stadium and Pool Complexes, so that construction can proceed in a cooperative manner, saving money for both the City and FUSD. A storm drain and fences are included in that agreement. The Council and Board voted to approve a 60 year easement agreement between the city and school district to install, maintain, and repair the storm drain. An easement agreement involving the City's new pool complex is under development.
There was a discussion about hanging banners around the city to honor individuals from Fillmore who are in active military service. Virginia De La Piedra is concerned that there are not enough poles available. The Council requested that she provide an estimate of how many people would be honored.
The Council briefly discussed an Ojai committee's attempt to stop mining trucks from traveling Highway 33 by re-routing them onto the 126 and past Frazier Park. The Council affirmed the impracticality of the proposed route, and the Mayor Steve Conaway will be sending a position letter to the county to avoid the possibility of that plan being implemented.
Scott Lee mentioned that the city now owns a fingerprinting scanner.

Bert Rapp
City of Fillmore, Public Works Director

The L.A. Regional Water Quality Control Board (the Board) is about to issue a storm water permit to the cities in Ventura County that is going to hit us like an out-of-control train. Out of control because the permit will increase the annual cost of storm water treatment from about $50 to $900 per home. This will affect every home and business in Ventura County.
The storm water permit should adhere to the Federal Clean Water Act which includes methods of tackling storm water pollution: Best Management Practices (BMP’s) and a concept of Maximum Extent Practicable (MEP). BMP’s include good housekeeping practices and installed treatment devices. The Maximum Extent Practicable concept was introduced because even when you correctly use Best Management Practices (BMP’s), they don’t consistently remove pollutants. This is because weather and rain events are highly variable and affect the performance of treatment devices.
So, instead of following the Clean Water Act, the Board is proposing Municipal Action Levels (numeric limits) not applicable to Ventura County, to limit the concentrations of pollutants coming out the end of storm drains. Even though BMP’s cannot consistently remove all of these pollutants cities must meet those concentrations 80% of the time or face Mandatory Minimum Penalties of $3,000 per exceedence.
Cities will have two years to implement BMP’s for cleaning their storm water. After that cities will be fined by the State. No excuses, no waivers, you violate - you pay (SB 709 signed into law by Democratic Governor Grey Davis). For the City of Fillmore this could mean $231,000 per day and bankruptcy.
To try to comply with the Board’s new approach to controlling storm water treatment, Fillmore would have to convert at least 22 miles of the public parkway in residential neighborhoods to bio-retention areas ($18,000,000), install storm water treatment wetlands at the end of storm drains ($14,000,000), and require each existing home and business to retrofit and install onsite storm water treatment ($3,000 per home, Total $12,000,000; $5,000 to $100,000 per business, Total $10,000,000). The City installations and maintenance would cost residents $900 per year or $75 per month this would be in addition to their cost to install and maintain their own onsite storm water treatment devices.
The Ventura County Cities would be the first in the State and first in the Nation to have to meet numeric limits and retrofit existing communities with storm water treatment. In 2007 the State Water Quality Control Board convened a Blue Ribbon Panel of scientists, engineers and academic experts to consider the numeric limit approach the Board is proposing. This panel determined: “It is not feasible at this time to set enforceable numeric effluent criteria for municipal BMP’s and in particular urban discharges…”
The L.A. Board has chosen to ignore the conclusions of the State Board Blue Ribbon Panel and EPA standard practice in the Federal Clean Water Act and is insisting upon placing this unrealistic approach and excessive limits in the permit. To add insult to injury, cities currently do not have any access to or methods for raising the funds to implement the desire of the Board. So there is a Grand Canyon of a divide between the requirements of the draft permit and our ability to implement them.
The cost to retrofit the existing community is so great that the Fillmore City Council is asking the Board to remove these requirements from the draft Ventura County Permit and consider them at a State wide level. If the State decides existing communities should be retrofitted with storm water treatment then the State should establish a financial mechanism to implement it.
If you would like to learn more about this issue the Fillmore City Council is holding a special workshop Monday July 7th at 7:00 P.M. at the Memorial Building, 211 2nd Street, Fillmore.
The L.A. Regional Water Quality Control Board is also holding a special workshop on the draft permit Thursday July 10th in the Board of Supervisors meeting room, 800 S. Victoria Ave. Ventura from 9:00 A.M. to 4:00 P.M. All interested stakeholders should attend this meeting and express their views.
Link: http//www.waterboards.ca.gov/losangeles/
water_issues/programs/stormwater/municipal/
ventura_ms4/08_0429/
draft_Tentative_Ventura_County_MS4_Permit.pdf

Former NBC news anchorman Tom Brokaw spoke to a sold-out crowd of 750 at the Ronald Reagan Presidential Library Tuesday night. Brokaw was there to promote his new book and give an insider’s perspective on the Reagan years and present political climate in America. Brokaw said that the upcoming election looked “pretty bleak” for Sen. John McCain but added that McCain had already overcome several obstacles to clinch the GOP nomination, and that it was too early to predict an outcome. Of Obama, who he called “lightning in a bottle” Brokaw said that America really doesn’t know the [one-term] Senator yet.

Arnold Schwarzenegger
California State Governor

Furthering his commitment to fight gang violence in California, Governor Arnold Schwarzenegger today signed SB 1126 by Senator Gilbert Cedillo (D-Los Angeles), which makes it easier to hold gang members personally liable for harm to the community caused by their gang.

“We are taking a comprehensive and coordinated approach to combat the influence of gangs in our communities and make our streets safer. This legislation strengthens our statewide anti-gang efforts by giving prosecutors more tools to fight gang activity at the local level,” Governor Schwarzenegger said.

The Governor introduced the California Gang Reduction, Intervention and Prevention Program (CalGRIP) initiative in May of 2007 to confront the dramatic increase in gangs across the state and their proliferation in suburban and rural areas. Gangs are responsible for crimes including murder, witness intimidation, money laundering, extortion, narcotic production and sales, prostitution, human trafficking, assassinations for hire, theft and counterfeiting. In spite of an overall decrease in crime in most California cities since the 1990s, rates of gang-related violent crime remain steady.

The CalGRIP strategy targets more than $31 million in state and federal funding toward local anti-gang efforts, including intervention, suppression and prevention. This includes $7 million to enhance CHP’s support of local law enforcement, and a doubling of funding for witness protection to a total of $6 million.

Earlier this year, the Governor announced the award of $9.2 million in competitive grants to 19 cities and 13 community-based organizations for gang prevention, intervention and enforcement; and $7.3 million in grants to 19 agencies to provide job training and education programs targeting youth at risk of joining gangs or seeking to leave them. The grants are from the State Restitution Fund and the job training and education grants are federal workforce development monies.

The Governor’s enacted 2007-08 budget invests a total of $547 million in after-school programs and another $208 million in school counselors to give at-risk kids alternatives to gang life.

Last year, Governor Schwarzenegger signed SB 271 to give prosecutors more tools in the fight against gangs, AB 104 to give city attorneys the tools they need to pursue gang injunctions and two other anti-gang measures to assist cities in curbing the source of income that funds gang activity, SB 706 and AB 924.

Sacramento -- The federal Department of Homeland Security (DHS) recently announced the allocation of approximately $80 million in grants to 48 states and territories under the REAL ID Demonstration Grant Program, of which $3.2 million has been identified for California’s Department of Motor Vehicles.

The Demonstration Grants are designed to standardize driver licenses, identification cards and protect against fraud and identity theft. Grant funds are intended to help state driver license issuance authorities enhance the integrity of driver license and identification card issuance capabilities, as well as system security.

“We’re pleased that the Department of Homeland Security has recognized that funding is necessary to pay for REAL ID activities, but the amount of money allocated remains far short of what the states need,” said DMV Director George Valverde.

California has gone on record that privacy, funding and security issues remain before any decision to implement REAL ID in California can be made. In a March 18, 2008 letter to DHS Secretary Chertoff, Director Valverde said that “while we acknowledge that a workable REAL ID program may create positive results, a significant number of outstanding issues need to be addressed before we can make any kind of recommendation regarding implementation of REAL ID in California.”

The $3.2 million identified for California would require legislative spending authority prior to DMV expending any of the funds.

California DMV is recognized as a national leader in secure, centralized driver license production, including legal presence and social security verification of source documents. “California’s business practices have been consistent with the major objective of REAL ID – one driver, one record,” said Director Valverde.

The federal REAL ID Act was signed into law in May 2005, and sets minimum standards for U.S. driver licenses and identification cards. All 56 states and territories were granted a two-year compliance extension through Dec. 31, 2009.

Senator George Runner
Serving the 17th District which incorporates portions of the Los Angeles, San Bernardino, Ventura and Kern counties.

This week Republican legislators proposed sweeping budget reform package aimed specifically at bringing common sense back to the budget process.
Chronic budget problems have plagued the state for more than 20 years. Reckless spending, poor planning and zero savings are crippling the State’s ability to address the needs of its citizens. Families in California have to live within their means. It is about time someone requires government to do the same.

We are proposing a variety of common sense approaches. Under the Republican plan, government spending would be controlled each year by a formula based on population and inflation. A rainy day savings fund would be put into effect as would policies that encourage multi-year budget planning and make it more difficult for the legislature to raise taxes disguised as fees.

With gas prices at almost $5 a gallon, groceries costs reaching record highs and mortgage payments on the rise, it is time to stop asking the taxpayers to bail out the government.

Clearly the Legislature hasn’t been able to discipline itself. Revenues have grown 40 percent in the last four years yet we are facing a $17.2 billion dollar deficit. Whether the economy is good or bad, the legislature cannot control its spending. Unless we take steps now to address long-term budget reform we will just continue in this boom or bust spiral.

The taxpayer should not be an after-thought when we plan spending programs. These proposed solutions help the Legislature prioritize and learn to control its spending – something Californians do every day.

The Fillmore Senior Center Board meeting held Monday, June 23, attracted 30 participants, as the new Board members were announced.
The meeting began with Board President Bill Brunet announcing his resignation after years of service. Nick Robles and Loretta Dunehew will remain, along with new Board members Carolyn Lasky, Marie Wren, Elizabeth Vasquez, Geri Lee and Dave Roegner. Edward Jaloma will serve as an alternate.
Seated at the head table were Fillmore City Attorney Ted Schneider, who was there to answer any questions concerning the amended bylaws; Community Facilities Supervisor Annette Cardona, sitting Board President Bill Brunet and Board members Nick Robles and Loretta Dunehew.
From the audience, subcommittee member Gayle Washburn announced that computer classes will start July 15th, Tuesday and Thursday, 10a.m. to 11:30 a.m. There will be four to six workstations and internet access; participants are welcome to bring their own laptops. The center is still seeking donations of computers and monitors. Washburn and new Board member Dave Roegner will be teaching the classes.
Sara Hansen and Geri Lee will be heading a Book of the Month Club, probably meeting once a month.
Councilman Scott Lee attended as liaison between city council and the center. He will report the center’s status to council, as he did in the same capacity in the 1980’s. Lee praised the beauty of the senior building and said he hopes it will be “fully utilized” in the future.
“The city will do what it can, within financial constraints” to help facilitate the center, stated Lee. He promised to attend as many meetings as possible, especially while off work from teaching during the summer.
Lee stated that there was “no question things should have been different over the last few years” at the center, referring to recent complaints about city management and lack of an active Board. But he exhorted the audience to “look forward” to the opportunities the senior center holds for the future.
Lee also encouraged the crowd of 30 to call him anytime with concerns about the center, saying he was in the phone book. “I don’t do email,” he said, which drew a laugh from the audience.
And Lee suggested a workshop for the new Board to educate them on the center bylaws. The workshop would be open to the public.
Former councilman Roger Campbell echoed Lee’s sentiment to fully utilize the senior building, stating that it isn’t restricted to current hours of operation which end at 1p.m. “Don’t limited your ideas to you have to be done by one.” Campbell said the Board has the discretion to remain open whatever hours they choose. “I’m excited about this. We’ll start using it again; that’s a good thing.”
The need for volunteers was stressed throughout the meeting. Anyone seeking more information about the Fillmore Senior Center may call Lori Nunez at 524-4533 or Annette Cardona at city hall, 524-1500, ext. 216.
The next scheduled meeting is slated for July 28 at 10a.m. The public is always welcomed.

City council’ approval of the preliminary budget at Tuesday night’s regular meeting keeps funding for gang and school resource officers.
Council had to dip into its reserve funds in the amount of $421,000 to maintain balance. The city has maintained a policy of keeping 40 percent of its total operating budget in reserve for emergencies. For fiscal year 2008-2009 the reserve will continue to be close to that 40 percent goal, despite the loss of about $100,000 in grants as well as the loss of revenue from a half-cent sales tax.
Finance Director Barbara Smith anticipates about $28.4 million in city revenue, with operating expenditures of $19.9 million. Capital projects will cost $45.7 million.
The position of CATV Coordinator for the city has been eliminated. It has been merged into other positions. The CATV position is responsible for producing live broadcasts of council and other meetings and events.
The Fillmore Gazette was taken to task for errors in its reports on travel expenses relating to Councilwoman Cuevas. The Gazette had reported that the travel money available to each council member had been raised from $1,000 to $2,000. The $2,000 level has been in place for several years.
Acting Fire Chief Bill Herrera reminded everyone that only Safe and Sane fireworks are permitted during the 4th of July Holiday. A $1,000 fine will be imposed on anyone possessing or using illegal fireworks. No ground fireworks display will be available this year, and all school property is closed to the public. However, the traditional aerial display will be seen by anyone around town.
The Steiger housing development got the go-ahead with unanimous approval of a tentative tract map for the much anticipated plan. This measure was seen as appropriate under circumstances of “political uncertainty” caused by a recent referendum and initiative. The 40-acre project must still comply with the usual requirements, and obtain permission to annex approximately 10 acres of the land from the county to the city. Both Dr. Bosiack and Steiger were praised for the quality of the project which will have no three-story dwellings, and will have a density of 5 units per acre. The land has been in the family for about 35 years.
Bert Rapp, Director of Public Works, spent some time explaining the seriousness of the new flood map which has been produced by FEMA. The Ventura County Watershed Protection District (flood control) provided FEMA with new data on potential flooding in a 100-year storm. This map leaves more than two-thirds of the City of Fillmore in a flood plain, and much of it in an even more dangerous flood flow stream.
The analysis is being challenged by the Cities of Oxnard, Santa Paula, Fillmore, and Piru, because it is believed the study is flawed by omitting a three-year period (2006, - 2008) out of the study.
If this new map becomes official and is adopted, it will cause a devastating financial effect to the City of Fillmore. The map involves the Santa Clara River, Sespe Creek, and Pole Creek, for which massive new levee work might be needed. All of El Dorado Estates Mobile Home Park is viewed in a flood plain, as well as some of the new business park. Any residents who have federally backed mortgages will have to acquire flood insurance.
The City is responding on several levels to appeal this map finding, and to request more time to reply. More will be known within 30 days. The principle worry concerns Sespe Creek, where the levee may have to be strengthened from Goodenough Road to Highway 126. Council emphasized that this is a temporary problem which can be fixed, even in the worst case scenario.

Congressman Elton Gallegly
Serving the 24th Congressional District encompasses most of Ventura County and inland Santa Barbara County.

WASHINGTON, D.C.—Congressman Elton Gallegly (R-Ventura and Santa Barbara Counties) on Tuesday introduced the “High School Sports Anti-Drug Act,” aimed at eliminating performance-enhancing drugs in high school sports.
“The recent Major League Baseball steroids scandal and our own Marion Jones being stripped of her Olympic medals shows how prevalent the use of performance-enhancing drugs are in amateur and professional sports,” Gallegly said. “Our high school athletes look up to these athletes and are under tremendous pressure to succeed. It’s important as parents and community leaders to give them the opportunity to resist the pressure to use steroids and other dangerous performance-enhancing drugs.”

According to a survey by the Center for Disease Control and Prevention, steroid use among high school students more than doubled between 1991 and 2003.

Gallegly’s bill has three main provisions:

Directs the Secretary of Education, acting through the Assistant Deputy Secretary of the Office of Safe and Drug-Free Schools, to award competitive grants to states to develop and carry out statewide pilot programs that randomly test secondary school students for performance-enhancing drug use.
Requires a parent’s or guardian’s written consent before a student may be tested.
Directs grantees to: (1) provide recovery, counseling, and treatment programs for students who test positive for performance-enhancing drug use; and (2) spend at least 10% of grant funds on preventing such drug use.
Authorizes $10 million 2009 and $20 million for 2010 and 2011 for the program.

VENTURA, CALIF. -- The Ventura County Workforce Investment Board (WIB) announced the recipients of the 2008 WIB Awards at their June 12 annual meeting. The awards recognize individuals and organizations exhibiting exemplary dedication to advancing workforce development in Ventura County.

"Our award recipients work hard each day so others have the opportunity to succeed," says Alex Teague, Chairman of the Ventura County WIB. "They have touched the lives of hundreds of individuals who are seeking to better themselves. The awards are a way of saying thank you from the Ventura County community."

The following individuals were honored.

Collaborative Action - Erin Antrim, director of delinquency prevention for the Boys and Girls Clubs of Greater Oxnard and Port Hueneme. Antrim has created strong links with the Oxnard School District, Ventura County Public Health, Probation Department, the Coalition to End Family Violence, the Palmer Drug Abuse Program and the Human Services Agency of Ventura County to create programs that support youth in high risk categories.

Lifelong Learning - Cindy Adams, owner of Denny's Electric and Home Services in Ventura. For the past three years, Adams' company has sponsored an electronics job-training program for employees who want to learn trade skills. Electronics apprentices from Santa Paula, Oxnard, Ventura and Fillmore have passed the State Electrical Certification program and have moved into high paying jobs in the electronics industry.

Champion for Job Growth - Archina Scott, job placement specialist/transition coordinator, Ventura Unified School District. Scott secures job training and placement of special needs and handicapped students during their junior and senior years of high school. Her efforts also open doors for life skills development that the youth will need to become successful members of the workforce.

Opportunity - Charles Weis, Ph.D., Ventura County Superintendent of Schools. Weis has been a proponent of career and technical education and a long-time advocate for programs and funding for local school districts and at the state level. He leads the Ventura County Regional P-16 Council, which addresses short- and long-term education and workforce development issues.

"This year’s WIB Award recipients are champions of support for people who might otherwise see only limits in their future," says Cheryl Moore, Executive Director of the Ventura County WIB. "They are advocates and role models for the development of a strong workforce pipeline in Ventura County."

About the Workforce Investment Board
The Ventura County Workforce Investment Board (WIB) oversees the distribution of federal funds for workforce development in Ventura County. Through partnerships with contracted providers and the Ventura County Job and Career Centers, the WIB supports programs that prepare youth and adults for current and future jobs and provides employee recruitment, customized training and business consulting services to local employers. Job and Career Center services are provided at no cost to job seekers and employers.

Arnold Schwarzenegger
California State Governor

Governor Arnold Schwarzenegger today released the following statement regarding the deaths of Sgt. Michael Toussiant-Hyle Washington of Tacoma, WA; Lance Cpl. Layton Bradly Crass of Richmond, IN; Pfc. Dawid Pietrek of Bensenville, IL; and Pfc. Michael Robert Patton of Fenton, MO:

“Maria and I were deeply saddened to learn of the passing of these four American heroes. They served the people of the United States with pride and courage and their commitment to defending our country and fellow citizens will never be forgotten. Our thoughts and prayers are with the families and friends of these true patriots during this difficult time.”

Washington, 20, Crass, 22, Pietrek, 24 and Patton, 19 died June 14 while supporting combat operations in Farah Province, Afghanistan. They were assigned to 2nd Battalion, 7th Marines, 1st Marine Division, I Marine Expeditionary Force, United States Marine Corps, Twentynine Palms, CA.

In honor of Sgt. Washington, Lance Cpl. Crass, Pfc. Pietrek and Pfc. Patton, Capitol flags will be flown at half-staff.

Assemblywoman Audra Strickland
Serving the Thirty Seventh District that includes Camarillo, Fillmore, Los Angeles, Moorpark, Ojai, Santa Paula, Simi Valley, and Thousand Oaks

Assemblywoman Audra Strickland will host a community meeting to discuss the proposal to turn the Ventura Youth Corrections Facility into a medical facility for level 3 and 4 adult prisoners. Representatives from the Department of Corrections and Rehabilitation will be in attendance and Federal Receiver J. Clark Kelso has been invited to participate.
This will be an important opportunity for community members to relay their questions and concerns to the Federal Receiver who will make all final decisions on this proposal.

Date: Thursday, June 19, 2008
Time: 6:30 – 8:00 pm
Location: Ventura County Office of Education
Salon Room A
5100 Adolfo Road
Camarillo, CA 93012
(805) 383-1900

Assemblymember Audra Strickland, R-Thousand Oaks, represents the 37th Assembly District in the California Legislature, which includes the communities of Camarillo, Castaic, Chatsworth, Fillmore, Moorpark, Newbury Park, Oak View, Ojai, Piru, Santa Paula, Simi Valley, Somis, Thousand Oaks, and Westlake Village.

The Franchise Tax Board (FTB) announced that taxpayers who filed a state income tax return or an amended return that included a state tax benefit from transactions referred to as either “bogus optional basis” (BOB) transactions or certain “employee stock ownership plan” (ESOP) transactions may qualify for relief from the noneconomic substance transaction (NEST) penalty.
Eligible California taxpayers have from June 23 to September 12, 2008, to resolve certain transactions that may be subject to the NEST penalty. To participate, taxpayers must submit a signed and completed closing agreement (FTB Notice 2008 - 4) on or before September 12, and pay all tax, penalties, and interest relating to the conceded tax benefits in full.
If a taxpayer previously received a Notice of Proposed Assessment (NPA) that included a 40 percent NEST penalty, FTB’s Chief Counsel will use his authority under the tax code to reduce the NEST penalty from 40 percent to 20 percent. To receive the penalty reduction, the taxpayer must pay the revised penalty amount in full when submitting the closing agreement.
For taxpayers who paid a 40 percent NEST penalty prior to the date of this notice, FTB’s Chief Counsel will reduce the penalty to 20 percent and refund any overpayment that is within the applicable statute of limitations. The taxpayer must fully comply with the terms of FTB Notice
2008–4.
If the taxpayer previously received an NPA that included a 100 percent interest-based penalty, FTB will abate the penalty if the assessment is still pending.
Taxpayers who have not been mailed an NPA for a BOB or ESOP transaction, whether they are under audit or not, should comply with the requirements of FTB Notice 2008–4. For taxpayers who comply, FTB will assess a 20 percent accuracy related penalty, will not assess the 100 percent interest-based penalty, and will be relieved of other potential penalties relating to their participation in the eligible transactions including penalties under Revenue and Taxation Code Sections 19164(c), 19164.5, 19772, 19777, 19778, and former 19773.
FTB estimates that abusive tax shelters cost California $500 million in lost tax dollars each year. FTB will continue to aggressively pursue taxpayers and the promoters who participate in or recommend these tax shelters.
For more information or the closing agreement, please visit FTB’s website www.ftb.ca.gov.