Soroptimist International of Fillmore (represented by Sarah Hansen, Lynn Edmonds, and President Oralia Herrera) requested permission to install a Peace Pole in Central Park.

The Fillmore City Council Meeting on Tuesday, August 25th was long and controversial. The City budget, the RDA budget, and a raise for one City employee were all approved by votes of three against two. Public awareness of and input into Council actions was discussed extensively. The Council held a closed executive session regarding an alleged violation of the Brown Act due to “spoke and hub” meetings. Council Member Steve Conaway urged the Council to postpone adopting the budget because the latest version had been drafted on Monday, and he believed the Council and public needed more time to absorb the changes. More changes to the budget were requested during the Council meeting. The Council also approved some less controversial matters, including the Heritage Valley Tourism Bureau lease, Pole Creek bike path development, appointments to the Parks Commission, and a Peace Pole.

The Council narrowly approved the Budget. Financial Consultant John Wooner, who developed the Budget in cooperation with Pennell and City Staff, used all of his contracted hours, and graciously donated his time at the end of the process. The latest updates were made on Monday afternoon, August 24th, and the Budget is available online at www.fillmoreca.com

Transitional City Manager Larry Pennell summarized the allocations. The City’s budget is $56.8 million, which includes $23 million in capital improvements (e.g. construction). The Redevelopment Agency (RDA) budget is a separate $12.9 million, so Fillmore’s entire budget is $69.8 million. $5.2 million will not be spent but will be placed in the emergency reserve. The City will spend $13 million in general funds, and expects to have $44,000 left over in the general fund by June 2010.

Wooner presented the final budget to the Council, reviewed the main summary pages, and heard questions from the Council and staff regarding the latest adjustments. He noted that all transfers between funds were accounted for and balanced. The budget is in a new format as a Microsoft Excel workbook with linked spreadsheets. That the new format is more transparent was demonstrated when Community Development Director Kevin McSweeney asked a question about the Planning Department’s projected revenue and it was quickly answered during the meeting after reference to the Planning Department’s detail page.

Council Member Steve Conaway expressed concerns regarding some apparent inconsistencies between the original documents from which Wooner had gathered data and the final budget. There are some minor discrepancies in the salary area of the budget because the budget shows estimated salaries and benefits instead of actual salaries and benefits. Council Member Laurie Hernandez noted that Interim Financial Director Leonore Young could do further research to make the budget more accurate. Conaway opined that it was not good business practice to approve a budget with inaccurate projections.

Public Works Director Bert Rapp requested two changes to the budget which would consist of pulling two items out into their own line items so that regulatory agencies could see Fillmore’s intent to comply with certain obligations. Pennell agreed to make those changes.

The Council discussed whether the final budget should include the removal of 50% of the gas tax by the State. The State has not yet decided to take any gas taxes from California cities, but that action has been discussed. Pennell argued that the potential impact of such a decision should be analyzed, but not included in the budget.

Council Members Gayle Washburn and Jamey Brooks suggested that the budget be adopted as-is, and that any further changes be made at future meetings or incorporated into the budget revision that is expected to happen in October after the State budget is further developed. Laurie Hernandez and Steve Conaway voted against approving the budget, because they wanted a more complete version to be approved at a future meeting. Patti Walker broke the tie to pass the budget.

Brian Sipes complimented Pennell, Wooner, and “the new Council members” on providing Fillmore Citizens with a copy of the budget online and making local government more open and accessible.

Council Member Steve Conaway brought to the attention of the Council a Brown Act violation involving Transitional City Manager Larry Pennell and three Council members, including Mayor Patti Walker. The Brown Act is California law that guarantees the public’s right to attend and participate in meetings of local legislative bodies. Conaway sent a letter to City Clerk Clay Westling asking for “a demand for cure for the violation”. After the Council considered the issue in executive session, Mayor Patti Walker announced that there had been an unintentional Brown Act violation, that there were no significant consequences to the violation, and that the matter was closed.

In the course of discussing the budget, Walker made a motion that Interim Financial Director Leonore Young receive a 5% raise. She noted that other employees in the finance department had received cumulative increases of 8% this year in accordance with pre-existing agreements, and Young had received a 3% increase this year. Hernandez seconded the motion, citing Young’s extraordinary work. Washburn opposed the motion citing inappropriate timing. She mentioned that it was the manager’s job to review employee performance, not the Council’s. Conaway said that having the Council award raises based solely on its perception without procedure was reckless and set dangerous precedent. The motion passed 3-2.

Soroptimist International of Fillmore (represented by Sarah Hansen, Lynn Edmonds, and President Oralia Herrera) requested permission to install a Peace Pole in Central Park. The Council agreed to install a seven-sided 10-foot tall limestone Peace Pole with anti-graffiti sealant in the park near Santa Clara Ave. The Peace Pole will be 7 feet tall when installed. The Soroptimists will purchase the $2500 Peace Pole, which will be engraved with the words, “May Peace Prevail On Earth” in seven languages, including English and Spanish. They will also pay the $700 transportation charge. The Soroptimists are still raising money for the purchase and would welcome any donations.

The Council approved a contract extension for Transitional City Manager Larry Pennell. His original contract was for 900 hours, and he had used 860 hours by Tuesday night, so an additional 100 hours was added to his contract. Council Member Steve Conaway pulled the item from the consent agenda to ask how he had managed to use that many hours in four months. Pennell explained that although he only works in Fillmore three days per week, he has been averaging six days of work per week for Fillmore. He noted that the budget and the search for a new City Manager have taken much of his time. Pennell indicated that because both projects were almost complete, his workload would drop to two days per week. This assumes that a new City Manager is selected and starts within 30 days.

The Council approved development of a bike path along Pole Creek and under Highway 126 near the east side of town. The project will be entirely paid for by a grant. There are two safety issues involved: the path must be closed during the rainy season to prevent swift floodwaters from sweeping people away, and a temporary fence must be installed when the path is in use to prevent people from wandering into the adjacent creek and slipping on algae. The City will be responsible for locking the gates which provide access to the path, removing the temporary fence before rains, and clearing any debris after rains. Brooks voted against the approval.

The Council appointed to the Parks Commission: Camilla Conaway, Geraldine Lee, and Omero Martinez.

The Council, as the Fillmore Redevelopment Agency (RDA) Board, approved a lease agreement between the RDA, the Heritage Valley Tourism Bureau (HVTB), and Fillmore & Western Railway (FWR). HVTB and FWR will pay $750 per month for 364 Main St., which used to house Johanna’s Ice Cream Parlor. FWR is responsible for painting, carpeting, and providing for the connection of phone service and computer connections within one month of the commencement date of the lease.

The RDA purchased property located at 401 Arundell Circle (in a condo complex) for $106,500 at a foreclosure auction on August 5th. The City had held the second mortgage on the property through a down-payment assistance program. After discussion, the RDA Board agreed to have the property inspected before deciding what to do with it, but there seemed to be a general consensus that the property would be sold. Legally, the RDA cannot keep the property very long, and the property must become affordable housing. One of the RDA’s options is to sell directly to a very low, low, or moderate income household with a deed restriction that would keep the property affordable.

The Council authorized staff to prepare a Request for Proposals to consider hiring a new City Auditor.

As part of the consent agenda, the Council received a progress report on the Brine Discharging Water Softener (BDWS) Buyback Program. According to Public Works Director Bert Rapp’s memo, “The City has completed contractual arrangements with a plumber who will upon the request of homeowners who’s BDWSs have been approved for program participation, will remove the BDWS and deliver it to the City Yard.” The memo explained that the City had contacted five plumbers who routinely work in Fillmorebut none had signed the contract to remove BDWSs. The contracted plumber is from Santa Clarita.