City of Fillmore
City of Fillmore

TUESDAY, FEBRUARY 28, 2012 6:30 P.M.


1. Call to Order: 6:30 P.M.

2. Pledge of Allegiance

3. Roll Call: Councilmembers Brooks, Conaway, Gonzalez, Sipes and Mayor Washburn

4. Approval of Agenda

5. Presentations and Announcements

6. Public Comments

7. Consent Calendar

Recommendation for Items A. through B. is to Approve.

A. Warrant List for FEBRUARY 28, 2012.
B. Biennial Review and Adoption of Resolution No. 12-3329, Amending the City’s Conflict of Interest Code

8. Department Reports

City Manager


Recommendation: 1). Waive further reading and introduce by title only Ordinance No. 12-833 AN ORDINANCE OF THE CITY OF FILLMORE REPEALING SECTION 3.08.090 OF THE FILLMORE MUNICIPAL CODE

City Attorney

B. Sales Tax Litigation Update Presentation.

Recommendation: 1). Receive the presentation.

Community Development

C. Direction to Staff to verify Regional Housing Needs Assessment (RHNA) numbers from the previous planning period and assess its possible impact on current RHNA numbers and General Plan Build Out as well as presentation of information related to current RHNA numbers for the period 2014 through 2021

Recommendation: 1) Direct City staff to verify RHNA from previous planning period and report back to City Council on March 13 to determine if an appeal should be made.

City Manager

8D. Consideration of the Tot Lot Design and direction to Staff to proceed with taking the necessary actions to bid the Tot Lot Project to be constructed with $320,621 in Community Development Block Grant (CDBG) funds at Two Rivers Park and to authorize the City Manager or her designee to take all necessary actions to accomplish the Council direction

Recommendation: 1) Direct that an agreement for project management be developed with the Fillmore Unified School District;
2) Direct that contract specifications be prepared to enable the bidding of the Tot Lot at Two Rivers Park with whatever changes are necessary to include the Davis Bacon consultants required by the County or any other statutory requirement.

9. Committee, Commission, and Board Reports

10. 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

11. City Manager

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

B. Announcements and Upcoming Issues

12. Closed Session

A. Conference with Legal Counsel – Existing Litigation (subdivision (a) of Section 54956.9): City of Industry and City of Livermore v. City of Fillmore, et. al. Case No. BC411865, Los Angeles County Superior Court.

13. Adjournment: City Council adjourned. The next regular meeting of the City Council is scheduled for Tuesday, March 13, 2012 at 6:30 p.m. at City Hall, 250 Central Avenue.



Written by Madeleine Morgenstern

A Canadian father was arrested and strip-searched Wednesday after his 4-year-old daughter drew a picture of a gun in her kindergarten class.

Ontario dad Jesse Sansone told the Toronto Sun his little girl’s drawing was supposed to be him, getting monsters and bad guys. Her teacher apparently thought differently, and the school contacted child protective services. When Sansone arrived to pick his daughter up, three police officers were waiting to take him into custody.

“I’m picking up my kids and then, next thing you know, I’m locked up,” he told the Waterloo Region Record. “I was in shock. This is completely insane.”

Police questioned Sansone’s daughter...




CHEYENNE, WY — State representatives on Friday advanced legislation to launch a study into what Wyoming should do in the event of a complete economic or political collapse in the United States.

House Bill 85 passed on first reading by a voice vote. It would create a state-run government continuity task force, which would study and prepare Wyoming for potential catastrophes, from disruptions in food and energy supplies to a complete meltdown of the federal government.

The task force would look at the feasibility of Wyoming issuing its own alternative currency, if needed. And House members approved an amendment Friday by state Rep. Kermit Brown, R-Laramie, to have the task force also examine conditions under which Wyoming would need to implement its own military draft, raise a standing army, and acquire strike aircraft and an aircraft carrier.

The bill’s sponsor,...






In order to make sure gays and lesbians are adequately represented on the judicial bench, the state of California is requiring all judges and justices to reveal their sexual orientation. The announcement was made in an internal memo sent to all California judges and justices.

“[The Administrative Office of the Courts] is contacting all judges and justices to gather data on race/ethnicity, gender identification, and sexual orientation,” reads an email sent by Romunda Price of the Administrative Office of the Courts. A copy of Price’s memo was obtained by THE WEEKLY STANDARD.

“Providing complete and accurate aggregate demographic data is crucial to garnering continuing legislative support for securing critically needed judgeships,” Price writes.

The process of...



Written by Ericka Andersen

Should judges act based upon reasoned legal arguments, or based upon their personal feelings and media coverage? A controversial recent “statement” made by Justices Ginsburg and Breyer in a case that was the legal equivalent of a slam dunk raises serious questions about what really guides some judges.

In the case, American Tradition Partnership v. Bullock, the Court was asked to address a Montana Supreme Court opinion upholding a Montana ban on independent expenditures by corporations. This should be an easy case—after all, the Court ruled in Citizens United v. Federal Election Commission that bans on independent political expenditures by corporations and unions violate the First Amendment.

But Justices Ginsburg and Breyer, who dissented from Citizens United, want another crack at Citizens United. They issued a separate “statement” advocating that the Court take the “opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway.”

As Heritage legal...

Beijing is quietly buying up U.S. energy assets

Written By William C. Triplett II

Of the three shale plays that are transforming American onshore oil and gas production, the Eagle Ford in South Texas is perhaps the least well-known outside the industry. Beginning roughly at Laredo on the Mexican border, it runs more or less northeast through 30 Texas counties, ending east of San Antonio. Since the oil field infrastructure demands are so high, the actual impact of the Eagle Ford activity extends south to the Port of Corpus Christi on the Gulf of Mexico and even as far east as Houston, where the oil companies and their suppliers are mostly headquartered. The entire South Texas brush country has been impacted by an unprecedented economic boom.

Union Pacific’s rail line from San Antonio to Corpus Christi runs through family property. About five miles up the track from us, in Pleasanton, Texas, FTS International, usually known as “Frac Tech,” has built a railroad siding to bring in chemicals for its hydraulic fracturing support of Eagle Ford drilling operations. The China Investment Corp., Beijing’s sovereign wealth fund, already owns a substantial piece of Frac Tech. Both the China National Offshore Oil Corp. (CNOOC) and the China Petroleum Corp. (CPC) are competing with Middle Eastern interests to expand their Frac Tech holdings. With Beijing’s almost unlimited financial resources, it is not impossible that China could soon have a controlling interest in the firm. Access to Frac Tech’s technology would be a “major step towards tapping resources in China and elsewhere,” theWallStreetJournal noted in December.

Driving south on I-37...

Nothing has slowed regime’s race to build the bomb

Written By John R. Bolton

The Valentine's Day announcement of new scientific and technological achievements in Iran’s nuclear program demonstrates the continued broadening and deepening of its capacities in this sensitive, dangerous field. While the race to achieve functional nuclear weapons is the most mesmerizing and immediately threatening aspect of Iran’s work, its continued march across the full scope of nuclear activities shows that Tehran is confident it will not soon be thwarted.

Iran is in for the long haul, belying the fancy that diplomacy or economic sanctions can work. The confirmation that the Fordo uranium-enrichment facility near Qom is fully operational and that its first domestically manufactured fuel rods are installed in the Tehran Research Reactor shows Iran steadily mastering the nuclear-fuel cycle. Perhaps we will next hear that the Arak heavy-water production facility is completed and functioning and that the nearby heavy-water reactor will, in fact, be inaugurated in 2013. Or that Iran’s ballistic-missile program has launch-tested vehicles capable of reaching targets in the Western Hemisphere.

Each successive step underscores that Iran’s carefully planned, systematic and increasingly operational nuclear infrastructure is not designed simply to show defiance of Western opposition and sanctions, as some contend. Remember, for example, the flurry of optimism about proposals to exchange Iran’s existing supply of low-enriched uranium so that a foreign nation could manufacture fuel rods for the Tehran reactor. Iran swatted away that initiative, not least because manufacturing fuel rods domestically always was part of its larger strategy to widen and intensify its nuclear capability.

Iran’s slow and...

Joe Miller sounds alarm over deal to put land in hands of Putin's Kremlin

Written By Joe Miller

The Obama administration, despite the nation’s economic woes, effectively killed the job-producing Keystone Pipeline last month. The Arab Spring is turning the oil production of Libya and other Arab nations over to the Muslim Brotherhood. Iraq is distancing itself from the U.S. And everyone recognizes that Iran, whose crude supplies are critical to the European economy, will do anything it can to frustrate America’s strategic interests. In the face of all of this, Obama insists on cutting back U.S. oil potential with outrageous restrictions.

The seven endangered islands in the Arctic Ocean and Bering Sea include one the size of Rhode Island and Delaware combined. The Russians are also to get the tens of thousands of square miles of oil-rich seabeds surrounding the islands. The Department of Interior estimates billions of barrels of oil are at stake.

The State Department...


The Tiny Minority of Extremists has a consistent pattern of turning out less tiny than advertised. As we are increasingly seeing in Egypt and Tunisia, they do not even need absolute power to wreak havoc on human rights and civil society.

It is also worth remembering that the repair or building of churches is forbidden under Islamic law; if the mob has its way, the Christians would not be able to fix what they have broken. "20,000 Muslims Attempt to Kill Pastor and Torch Church in Egypt," by Mary Abdelmassih for the Assyrian International News Agency, February 15:

(AINA) -- A mob of nearly 20,000 radical Muslims, mainly Salafis, attempted this evening to break into and torch the Church of St. Mary and St. Abram in the village of Meet Bashar,in Zagazig, Sharqia province. They were demanding the death of Reverend Guirgis Gameel, pastor of the church, who has been unable to leave his home since yesterday. Nearly 100 terrorized Copts sought refuge inside the church, while Muslim rioters were pelting the church with stones in an effort to break into the church, assault the Copts and torch the building. A home of a Copt living near the church and the home of the church's porter were torched, as well as three cars.
The mob demanded the return Rania of Khalil Ibrahim, 15, to her father. She has been held with the Security Directorate since yesterday. Christian-born Rania had converted to Islam three months ago after her father, who had converted to Islam two years ago and took custody of her. She had disappeared from the village on Saturday, after claiming to go shopping. According to Reverend Guirgis Gameel, she had a disagreement with her father, who had arranged a marriage for her with a Muslim man.

Her father, Khalil...

Advocates ignore that it is both immoral and unlawful

President Obama recently assured El Salvador that the United States would not deport more of the 200,000 Salvadorans residing illegally in the United States. As the election nears and the president looks to court Hispanic voters, he also created a new position of “public advocate” for illegal immigrants. That official’s duties would appear to be to advocate that millions circumvent, rather than follow, current federal law.

The administration also has said it will focus enforcement only on those who have committed crimes - with the implicit understanding that it is no longer a crime to illegally enter and reside in the United States. In contrast, Mr. Obama has caricatured those supporting completion of a fence on the border as wanting to place alligators in the Rio Grande.

It is time that Americans revisit the issue and ponder very carefully the morality of entering the United States illegally.

True, American employers...


The political beliefs of Barack Obama, said Rick Santorum last week, come out of "some phony theology. ... Not a theology based on the Bible, a different theology, but no less a theology."

Given the opportunity on "Face the Nation" to amend his remarks, Santorum declined the offer and plunged on:

"I don't question the president's faith. I've repeatedly said that I believe the president is a Christian. He says he is a Christian. I am talking about his worldview and the way he approaches problems in this country. ... They're different than how most people do in America."

Obama's surrogates on the Sunday shows charged Santorum with questioning the president's faith.

Not exactly. What...


WHO: Sen. Tony Strickland and his constituents

WHAT: This event is open to the public and provides an opportunity for local constituents to hear the latest news in state government, as well as provide input of their own and ask questions about state-related matters. The Senator will also discuss services and resources his Senate Office provides.

WHEN: Saturday, February 25, 2012 ~ 8am – 9am

WHERE: Mimi’s Café ~ 400 North Moorpark Rd., Thousand Oaks, CA 91360

VISUAL: Sen. Strickland and “Meet your Senator” signage

Hardening infrastructure will be key to minimizing the threat

Written By Peter Vincent Pry

A majority of Americans support a military strike to stop or slow Iran’s nuclear weapons program. But that assumes Iran doesn’t already have some.

What if Iran already has one or more nuclear weapons and the capability to make a nuclear strike on the United States - right now? If true, this would change the calculation for the American people. Then the risks of a U.S. or Israeli military attack on Iran’s nuclear program would change radically.

The truth is, no one knows for sure just how far advanced Iran’s nuclear weapons program is. There are sound reasons for doubting Washington’s official estimates that Iran does not yet have the bomb or the ability to make a nuclear strike on the United States.

The U.S. Manhattan Project during...

Hearing on USCIS Oversight: Safeguarding the Integrity of the Immigration Benefits Adjudication Process

WASHINGTON, D.C. — Congress designs our immigration policy to benefit the American people. When immigrants receive visas or citizenship that they are not entitled to, Americans are worse off - whether it is workers, taxpayers or simply citizens. If there are credible allegations that this is occurring, we have a duty to determine the truth.

Such allegations were made by a January 2012, Department of Homeland Security, Office of Inspector General report. The report was entitled, “The Effects of USCIS Adjudication Procedures and Policies on Fraud Detection by Immigration Services Officers.”

The Inspector General found that U.S. Citizenship and Immigration Services adjudicators are not receiving adequate training to uncover fraud in immigration benefit applications. The IG found that USCIS performance measures favor quantity over quality – this encourages the “rubber stamping” of applications. The IG found that adjudicators feel inappropriately pressured by supervisors and USCIS leadership to approve petitions that don’t meet the standards for approval. USCIS leadership seems to favor “get to yes” instead of “get it right.”

Is it important that adjudicators make their decisions in a timely manner? Yes. But it is also important that they have adequate time and support to ensure that individuals who receive immigration benefits, such as a temporary visa, permanent residency or citizenship, are in fact eligible for those benefits.

Immigration benefit denial rates obtained from USCIS show a rise in denials in several categories between 2008 and 2010. Some will argue that this shows that there is no improper pressure on adjudicators. However, this rise in denials may simply be the result of adjudicators following the law. And the increased pressure by USCIS leadership to approve applications may be an attempt to reverse this recent trend.

I know that many in the business community are concerned that their petitions for alien workers are being denied and that they are being required to answer excessive requests for additional evidence, known as RFEs.

But why did denial and RFE rates go up? It very well could be because of statutory changes that were implemented and major decisions that were issued.

For instance, the changes made by the L-1 Visa Reform Act of 2004, to prevent contracting-out of alien workers, were not implemented at the agency-wide level until 2008. As one would expect, there was a corresponding rise in USCIS denial rates in Fiscal Year 2008.

And the January 2010 “Neufeld Memo” on H-1B visas issued by the USCIS Associate Director for Service Center Operations, provided new guidance on what should be considered an employer-employee relationship between the petitioning company and the beneficiary. After that, as the Government Accountability Office noted, companies’ petitions were no longer being approved at previous rates.

And the “GST” decision was issued by the USCIS Administrative Appeals Office in July 2008. It provided a new framework for adjudicators when determining whether or not a petition meets certain L-1B visa requirements.

Both those who support and oppose this AAO ruling can agree that it has had the natural result of increasing subsequent denial rates in the L-1 category.

But whatever may be the cause for denial rates in a particular visa category for a particular year, USCIS’s own data shows that the overall denial rate for nonimmigrant worker visas has fallen over 30 percent since President Obama took office in 2009, and that the approval rate for all kinds of immigrant benefits is at an all-time high of 91 percent.

There is never a legitimate reason to pressure adjudicators to deny petitions where the beneficiary is eligible for the benefit.

And there is never a legitimate reason to pressure adjudicators to approve petitions that do not meet the statutory requirements.

But according to the Inspector General, some USCIS adjudicators do feel such pressure. That is why we are here today.

We will receive testimony from the DHS Inspector General who will explain his January 2012 report findings.

We will receive testimony from the President of the National Citizenship and Immigration Services Council, which represents USCIS adjudicators. He will discuss how performance standards that emphasize quantity over quality, imperil the integrity of the adjudications process.

And we will hear from USCIS Director Ali Mayorkas who will help us determine whether or not there is a “get to yes” mentality at USCIS.


Associated Press

WASHINGTON (AP) -- Congressional Republicans on Wednesday vowed to block the Obama administration from sharply cutting the U.S. nuclear force, calling potential reductions of as much as 80 percent in the number of deployed weapons "reckless lunacy."

Pointing to the growing number of trouble spots, from Iran to Syria to Egypt, members of the House Armed Services Committee said any significant cuts would undermine the U.S. ability to deter aggression. The Associated Press reported on Tuesday that the administration is weighing several options for new reductions from the current treaty limit of 1,550 deployed strategic warheads.

Defense Secretary Leon Panetta and Army Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, told the committee that no decision has been made and maintaining the current level is one of the options. But that did little to assuage GOP lawmakers.

"I just want...

Robert Muise & Robert Spencer at AFDI's "Islamic Law in America" Panel -CPAC 2012


Written by Jonathon M. Seidl

On the heels of the fracas that resulted from the Susan G. Komen Foundation pulling Planned Parenthood funding, and then reinstating it, comes a new report that might make the breast cancer research giant a little uncomfortable.

The American Life League has released a graphic new video report that it says shows how Planned Parenthood “exposes children to sexual material in order to seed a generation of sex addicts, who will become future customers for the abortion giant.”

“If you aren’t convinced by now that there are some truly sick pups behind Planned Parenthood, this video from the American Life League should erase any lingering doubts,” the Right Scoop says. “In the name of ‘education,’ Planned Parenthood exposes children as young as 10 years old to pornographic illustrations of masturbation, nudity, sexual activity, and much much more.”

“Any parent that...

Identifying illegals 'consistent' with goals of both state, federal constitutions

Written By Bob Unruh, WorldNetDaily

A brief filed today with the U.S. Supreme Court argues that Arizona’s contested state law allowing law-enforcement officers to ask about the legal status of people they encounter is justified because of the virtual “invasion” of the state by outsiders.

“As provided in the Constitution, the power to repel against invasions was … granted to both the federal and the state governments,” stated the brief filed by Larry Klayman of Freedom Watch.

“This action is consistent with the notion that the federal and state governments are both sovereign bodies within the United States,” the brief explained. “Furthermore, the state of Arizona, with its general police power, a power the Founding Fathers intentionally did not give to the federal government, surely has the power to protect the health, safety and welfare of those residing within its borders.”

At issue before


Sacramento, CA – Sen. Tony Strickland (R-Moorpark) sent a letter to Gov. Jerry Brown, asking the Governor to authorize the creation of an unpaid, volunteer task force aimed at ensuring California’s military bases remain intact.

“With Port Hueneme and Point Mugu in Ventura County employing thousands of people in my district, it’s of the utmost importance to me that these bases are kept open should the U.S. Department of Defense go forward with a new round of base closures,” Sen. Strickland said. “Similar task forces have been authorized by Governors in the past, so I’m hopeful Gov. Brown and I can work together on this issue to ensure our military bases continue to provide both safety and an economic benefit to the people of California.”

A copy of Sen. Strickland’s letter to Gov. Brown can be found below.

Sen. Strickland is available to the media for an interview or comments.


February 14, 2012

Governor Jerry Brown
State Capitol
Sacramento, CA 95814

Dear Governor Brown:

U.S. Department of Defense Secretary Leon Panetta recently announced his plan to request a round of military base closures through the Federal Base Realignment and Closure Commission (BRAC).

With Port Hueneme and Point Mugu located in Ventura County, I plan to fight to keep these bases open. Ventura County military bases provide a great economic impact to our local economy, including providing roughly 19,000 much-needed jobs – both military and civilian alike – to people in my district.

In fact, military bases across the state economically benefit the people of California by providing resources to the aerospace industry and by supporting local small businesses. Additionally, these bases ensure our continued safety through their strong military presence.

California’s military bases are an invaluable part of our local community. Therefore, I plan to introduce a Senate Joint Resolution encouraging our California Congressional delegation to keep these bases open. Further, I respectfully request that you authorize the formation of an unpaid, volunteer task force for the strategic purpose of preserving California’s military bases.

Similar task forces were authorized in 1993 and 2004, including the California Council on Base Support and Retention, which was created by Governor Schwarzenegger in 2004 and co-chaired by Leon Panetta. The California Military Base Reuse Task Force was created by Governor Wilson in 1993. These task forces have since expired.

I hope you will help to preserve the bases in my district, as well as bases throughout California, so they can continue to function as positive economic and military resources to the people of California.

If you have any questions, please call my Capitol Office at (916) 651-4019.


State Senator, 19th District

Tony Strickland represents California Senate District 19, which includes portions of Los Angeles, Ventura, and Santa Barbara counties.