The proposed establishment of a Residential Property Presale Inspection Program brought a number of real estate agents including, Cindy Diaz-Telly with Troop Realty, to the Fillmore Council Chamber. The general concern expressed by several in attendance was that point-of-sale regulations would adversely affect the real estate market.

The proposed Establishment of a Residential Property Pre-sale Inspection Program (RPPIP) brought a number of real estate agents and loan official to the Fillmore Council Chamber on August 25, 2015. The Council Meeting began with a presentation by Fillmore Police Chief Dave Wareham on crime data for first six months of this year, but it was the Inspection Program that created the greatest discussion.

The goal of the RPPIP is to insure that houses, duplexes, apartments or condominiums sold in Fillmore meet building codes and are properly permitted. The Inspection would require the property owner or an authorized representative to obtain a residential building report from the City to identify observable items that fail to comply with the City's codes, rules and ordinances. This would be done prior to the sale of any residential real estate within the City. To sell the property the owner or their agent would be required to submit an application for the pre-sale inspection, pay a fee and then schedule an inspection to obtain a pre-sale occupancy inspection. No one would be allowed to sell or transfer any residential real property in the City without a valid Residential Property Report Certificate of Occupancy.

The 31 items on the inspection list included legible address numbers, peeling paint, missing shingles, masonry free of cracks, weeds, lawn not to exceed 8", antenna/Dish/TV Tower, broken windows and a number of other items.

About 15-20 real estate agents and brokers with the Ventura County Coastal Association of Realtors (VCCAR) along with lenders, came to the meeting to express their concerns with the proposal. Loan Broker Trinka Reynolds was first to address the Council. She informed them that 15-18 years ago the same item had been brought to the Council and was voted down. Reynolds continued by saying Fillmore already has laws on the books to protect the buyers and she did not agree with having greater oversight.

Dennis Goldstein, 2014 VCCAR President spoke of the good practices and ethics within the real estate business adding, "Our goal is to have good quality housing" and informed the Council that a similar program had been tried in Thousand Oaks for a few years, but was abandoned because of problems it created.

The present VCCAR President, B. J. Ward stated, "In a financial (real estate) transaction you already have safeguards....this goes against the free market and property owners.....some issues of this need to be addressed. I oppose this."

Realtor Cindy Diaz-Telly began by stating, "We are always in favor of protecting property rights." She then pointed to homeowners associations that put restrictions on property owners and that the idea was not something new. Diaz-Telly then commented that her neighbors have painted their homes some "outrageous" colors and it is their right to do so. She ended with stating that putting a point of sale regulation would bring real estate sales to a grinding halt.

Real estate agent Dale King suggested the Council create a task force to discuss the proposal adding that this regulation would fall heavily on those that can least afford it. He referred to the buyers of the more reasonably priced older homes who live on a thinner margin and who cannot afford to upgrade to the modern codes. King stated that the last person to own the property gets caught with the bill to upgrade. He also stated that there are regulations on the books already to address such things.

Realtor Mark Chacon also stated that these problems usually fall on the older homes and those with less income who own them.

Scott Dunbar, Manager of Troop Realty, expressed his thoughts stating, "This is not good. Not good for the industry.... just another government regulation. I see realtors becoming prey to their clients. I see people starting to sell their homes on their own to circumvent this enforcement. I would recommend no action."

At the August 11, 2015 Fillmore City Council Meeting during public comments, former Councilmember Steve Conaway addressed the Council regarding RPPIP stating he supported less government and, "I see this going in the opposite direction. There'll be increased costs....a negative impact on your budget...the need for a full-time employee costing at least $70,000 a year. It is extremely heavy handed.....Paint condition is way beyond public safety. This will have the biggest burden on those that can afford it the least. Members of the public will not support this. I would caution the council to put the brakes on this."

Councilmember Rick Neal addressed the issue stating the need to check on un-permitted garages and shoddy work. Councilmember Carrie Broggie said she had mixed feelings about this and her greater concern was with flood control safety, and worried what the impact RPPIP will have on lower income families in the community.

There was discussion by the Council Members on how homes are sold that do not meet code and/or permit requirements. Planning Department Kevin McSweeney was then asked how it was allowed. He responded saying he did not know. Realtor B. J. Ward then responded, "It's about disclosure. We do our best to make the buyer aware of the issues." What is actually done and has been done for many years is when a property has questionable code problems it is sold "as is" and the price is often then negotiated and the property is usually sold for less.

Councilmember Manuel Minjares said his concerns were with the staff required to address the numerous conditions RPPIP requires. Councilmember Diane McCall responded, "I get what we're trying to do....safe housing for our residents," but went on to say that she did not want to see this as a revenue generator. "This is a safety issue. There should be full disclosure...it should not place burden on the real estate community....we need to use the tools we already have." She was referring to using code enforcement already on the books.

Ward informed the Council that the other towns sited by City staff that have some form of inspection process do not have inspectors going into the homes to inspect and then returning to the homes to re-inspect. He also stated that some additions can be done very well even though they were not permitted.

Neal commented that the long list of 31 requirements seemed unnecessary except for the last three which were; All City utilities be current, No un-permitted garage conversions, No un-permitted room additions.

Minjares responded that it is already a violation of the City Municipal Code to convert a garage.

Fire Chief Rigo Landeros, spoke to the Council on answering 911 calls and entering some homes. "We see extension cords running all over the place, we see it all," adding that it is after a tragedy that code requirements get upgraded. "This doesn't reduce the risk...... we need a threshold to compare the upgrades."

McCall's final statement on the issue was, "I don't want the red tape process." Mayor Douglas Tucker replied, "This is going to hold up sales.....but we also have a public safety issue." Minjares ended with suggesting more information before moving forward, adding, "I don't know if this program is going to give us the results we want."

Tucker also suggested bringing it back after more research on result in other cities and the impact, "Is there a simpler way to approach it?"

Broggie ended with stating she does not want real estate agents to have to report on their buyers when a sale is "as is". All Councilmembers agreed to do more research before deciding.

Minjares directed his final comment to the realtors present in chambers, "We're taking this slow. I think you should be encouraged by this."

Police Chief Dave Wareham began the meeting with a presentation on crime in Fillmore for the first six months (January-June of 2015) compared to the same six months last year. Last year Fillmore had one of the lowest crime rates recorded, but unfortunately the numbers are up somewhat for this year. Aggravated Assault in 2014 was at 17, the same time this year it was 35; an increase of 106%. All other crimes, except grand theft, were up across the board. The number of domestic assaults has increased dramatically to 55 with 6 assaults each in January and February, 7 in March, 10 in April, 15 in May and 11 in June. The 58 victims by race were; 49 Hispanic, 8 White and 1 Pacific Islander. The race of the 58 arrestees were; 52 Hispanic, 5 White, 1 Pacific Islander. Fillmore has a large Hispanic population so it is expected to have a higher percentage.

Of those incidents 48 were non-alcohol related incidents and only seven alcohol related. The types of weapons used in the assaults were; 44 with no weapons (only hands/fists/feet) five with firearms, four with a knife, 1 with a cell phone and one with a vehicle. Sixty-seven percent (43) of those arrested had been arrested before.

Wareham mentioned the increase in crime is associated with Proposition 47 which was approved two years ago as the Safe Schools Act, where nonviolent felonies were reduced to misdemeanors. Tucker asked Wareham if those were considered "Gateway Crimes". Wareham responded, "That's a good name for them, yes they were."

He then explained how the prison population level is being switched over to the County Jail level.

Ventura Sheriff's Community Impact Report sites, "While Proposition 47 has not impacted our inmate population as many had projected, it is having a grave impact in our communities. Sheriff Jurisdictions in the county, which represents 41% of the population and 94.4% of the county land, have experienced dramatic rises in crime during the first two quarters of 2015. Robberies, the taking of property by force or fear, have increased by 57%. Stolen vehicles have increased by 34% and assaults are up 17%. These are significant increases and it appears the upward trend is continuing into the third quarter of 2015.

It is here the true story of Proposition 47 is told; people being robbed, hurt, and their property taken. Our staff is working to address these increases in crime by targeting offenders. However, as the state continues to lower punishments and push responsibility for these criminals to the county level, we will likely see upsurges in crime."

Wareham stated that Fillmore is addressing the domestic violence increase with classes at the Camarillo Police Station on Thursday nights 6-9 p.m. starting September 21, 2015. Also, Domestic Violence Classes at One Step Al Le Vez will be offered and a continued partnership with Fillmore non-profits and County Health Services to help address anger and depression.