The Ventura County Sheriff’s Explorers receive a donation of $1,008 from Ari Larson with Cookie Lee Jewelry and Teresa Robledo with Diamond Realty at Tuesday night’s council meeting.

Recognition of Fillmore Senior Center volunteer Vivian Johnson. Mayor Gayle Washburn presents Senior Center volunteer Vivian Johnson with a Proclamation at Tuesday night’s council meeting. The Proclamation recognized Johnson’s service since 2008 as Board Secretary and Field Trip Chair; 2nd Term Representative for Fillmore on the Ventura County Area Agency on Aging; serves on the Senior Nutrition Task Force; and serves as Hostess at the Center’s welcome desk.

After having been dark for over a month, the Fillmore City Council Meeting of August 28, 2012 began with every seat in the chamber filled. Most in attendance came to receive a Proclamation and others to give presentations or their opinions. Agenda items included the water treatment plant, abandoned shopping carts and public records requests response procedures.

There are still questions as to what exactly happened and why the former City Attorney Ted Schneider left his position. The Council stated that Schneider’s firm told them they could not disclose conversations due to client-attorney confidentiality and that the decision for Schneider to leave was made by the firm members. Soon after this was disclosed Council Member Steve Conaway stepped down from the Dias and addressed the Council as a citizen and stated the comments made regarding the matter did not address conversation the that Mayor Gayle Washburn had with Schneider’s law firm just prior to his leaving.

Conaway stated, “We’ll never know with exactness what she (Gayle Washburn) said (to the senior partner at the city attorneys law firm). The City Manager nor any one council member has the power to remove the City Attorney. That is a true statement. Here is what is not talked about. We do know that Gayle Washburn called the law firm. She certainly didn’t call to chat about the weather; it’s not unreasonable to assume that she expressed her displeasure or “issues” about our City Attorney (or) one of his partners. She certainly didn’t speak to Mr. Schneider about her concerns at that time. That said I suggest you reread my statement, made as a private citizen. Let’s review--Gayle Washburn calls the law firm, who wants the city’s business, and she says something which results in the firm removing Ted Schneider from our meetings immediately while the bidding process is ongoing. Gayle Washburn sits on the council who will be deciding which law firm gets Fillmore’s business. The citizens of Fillmore can put two and two together.”

City Manager Yvonne Quiring, who could not attend the meeting due to family matters, asked Attorney Julie Scott to act as Special Council and give information on California Public Records Act and Freedom of Information Act to the Council. Scott stated the public should have access to information but there are between 40-50 exceptions to the rules. These exceptions include things such as the right to privacy, trade secrets, names of children involved in a crime and others. These exceptions are called “Catch Alls or Balancing” and public agencies often have the discretion as to whether disclosure does more harm than good. These decisions are done on a case by case basis. Scott cited a 2006 Supreme Court Case where the court decision was, the interest in withholding names until the case was completed was alright if releasing information beforehand might harm the city’s flexibility and negotiations.

Scott also touched on the Brown Act and stated the act was to assure transparency and give remedies for violations in the form of Formal Censure which entails a due process of investigation and hearings. Washburn commented that some information from a closed session had been given to the Gazette. After some discussion Conaway added, “Courts most often give a greater weight to disclosure than withholding” to which no one disagreed. Council Member Brian Sipes later in the meeting asked that the leaking of documents be put on the next Council’s agenda, to which Washburn added she would like to also have an education piece on the Code of Conduct. Conaway then responded he would like to have the Code of Ethics added also, to which Council Member Jamey Brooks said he does not support a Code of Ethics.

The water rates in Fillmore are a real bone of contention for most residents and it was once again on the agenda. Washburn stated the Bonds (money borrowed to build the plant) have been downgraded three times in the past year due to slow paying, which brings up the interest rate and cost of repaying which in turn increases user rates.

American Water contracts the water treatment plant provider with the City. The contract includes a prepayment penalty clause of $600,000 that is reduced by the small amount of .1/24th each month. A few months ago, in an effort to ease Fillmore’s financial burden, American Water agreed to supply the chemicals for the City’s pool. There has been discussion of soliciting for another provider. After much convincing on the part of legal council and city staff member Steve Stuart directed towards Washburn, the Council agreed to first try to come to some agreement with American Water and possibly renegotiate the contract.

Council Member A. Eduardo Gonzalez is concerned with the amount of shopping carts abandoned throughout Fillmore and stated that what is being done now isn’t working. He mentioned people he had spoken with were considering moving to Fillmore, but were turned off by the amount of abandoned shopping carts. The two supermarkets in town, Von’s and Super A, are presently paying a retrieval service. There was discussion by the Council of what other cities have done, which includes the markets installing barriers that prevents the carts from leaving the store parking lots or using pay tokens to use the carts which are refunded when the carts are returned. It was agreed that something should be done and Washburn and Gonzalez agreed to put the time in to present their concerns to the two markets. They both ended the discussion by stating, “If you’re going to take it (the cart), bring it back.”

On a positive note, Greg Theroux, the new owner of the café across from City Park, introduced himself to the Council and said his goal is to restore the café and rent it out to someone who is familiar with the restaurant business.

A Proclamation was presented to Fillmore Girls Softball 10U All-Stars. A special thank-you went out to the Manager Mario Robledo, Coach Louie Garza, Assistant Coach Ryan Weeks and Team members Heaven Aparicio, Olivia Robledo, Nevaeh Walla, Addison Weeks, Aaliyah Golson, Jessie Fontes, Julissa Montes, Lexi Garza, Alexis Johnston, April Lizarraga, Isabella Ayala, Jamie Fontes, Jordyn Walla and Alyssa Ibarra for their competing at the Western Nationals Tournament and their outstanding representation of Fillmore.

A representative from Interface Children Family Services, Erik Sternad, gave a presentation on the Ventura County Call 211 service. This is a free service that provides information on a variety of services such as domestic violence, senior services, housing, substance abuse and legal assistance to name a few. The service is done in partnership with United Way of Ventura County and First 5 of Ventura County. The one call links the caller to help in finding the services they need and is available 24 hours a day, 7 days a week.

Rev. Edgar Mohorko with Special Outreach Services a Gang-intervention/Youth Outreach Consulting Firm spoke to the Council about the possibility of applying for future CalGRIP (California Gang Reduction, Intervention and Prevention) grants that Gov. Schwarzenegger and the Legislature established and works in conjunction with the Sheriffs Department. In 2011, $9.2 million in CalGRIP grants were awarded to 24 cities to help combat gang violence and prevent at-risk youth from joining gangs. Senate Bill 92 abolished funding for the Office of Gang and Youth Violence Policy and the office was closed last December, but a newly-formed Board of State and Community Corrections will be taking over the grant process.