HK&C partner Mark Alpert.

Pictured (l-r) Soroptimists Nora Toledo and Oralia Herrera, with Mayor Patti Walker presenting them with two proclamations.

Fillmore City Council began with Closed Session conference with legal counsel regarding existing litigation, El Dorado Estates v. City of Fillmore. The representative for El Dorado Mobile Home Park Estates is Mike Cirillo of Star Management. Cirillo filed an application on March 5, 2009 for a Vesting Tentative Tract Map. The application proposes to convert the existing 302-space park from a rental park into a resident-ownership park where park residents would be able to purchase the lot(s) their coach sits on. City staff has been working with Cirillo and the park’s legal counsel, Hart, King & Coldren (HK&C), in reviewing and processing the application in accordance with the Fillmore Municipal Code, the State Permit Streamlining Act, the State Subdivision Map Act, and the State’s Mobilehome Parks Act.
A Letter of Incompleteness, dated April 1, 2009, was sent to Star Management. Application was re-submitted on June 10, 2009, deemed incomplete on July 10, re-submitted July 23, deemed incomplete on August 19th. An Appeal of Incompleteness to Planning Commission was filed on September 2, decision was made to uphold City Staff’s “incomplete” determination on October 21, 2009. A request on behalf of Star Management was filed on October 22 to appeal the Planning Commission’s decision to city council. An Appeal of Determination of Incompleteness, presented Tuesday night by HK&C partner Mark Alpert, covered five “incomplete items”: Offer to purchase, with estimated price and estimated space rent; 60 day required Notice; Demand for 43 new parking spaces under Fillmore Code; Property Right “Peer Reviewed” by certified inspector; and FEMA map and flood calculations.
Alpert, representing El Dorado Mobile Park (owner Nancy Watkins), refuted each “incomplete item” citing case law (Sequoia case), lack of city authority, and pre-empting of local ordinance. According to Alpert, the April 1st Letter of Incompleteness did not expressly state Star Management’s application was “incomplete”. He also stressed that El Dorado residents were advised about the option-to-buy, and that a tenant impact report will be served on residents at least 15-days before hearing. Alpert stated that since his client is not an apartment building, etc., they are not subject to several of the city’s demands. And that the city has no authority to require an inspection of any kind regarding the “so called Peer Review Inspection Report,” but added that the inspector was licensed, a statement that was refuted by city staff, who said they spoke with the inspector directly. He said that although he retains several certifications, he is not a licensed building inspector. The point may be lessoned by the fact that only one permanent common structure is involved in the inspection, the park’s clubhouse.
Alpert continued to build his case for reversal of the Fillmore Planning Commission’s requirements by stating additional parking spaces are “impossible, it’s functional now.” He emphasized that a condo-conversion is not a new project, and therefore not subject to the same stringent guidelines, using the 43 parking space requirement as an example. Alpert stated the items of incompleteness present “no real purpose, no interest to serve or advance…an effort to slow down the process” or as he put it several times, “kicking the can down the road to delay.”
Alpert said that park residents, the park owner and the city gain nothing by the demands, and suggested the Fillmore Planning Commission reverse their requirements.
Attorney Charmaine Hilton Buehner, an associate with Myers, Widders, Gibson, Jones & Schneider, said HK&C had sent an 85-page fax to the city Tuesday morning with additional arguments. City Planning Assistant Veronica Ortiz-De Anda said the city is given a “broad brush” for strict regulations concerning FEMA’s Flood Plane Management Requirements. The city of Fillmore is constrained by federal law and acts, she said, which preempt state law and requirements, and Fillmore Municipal codes.
El Dorado resident Alan Hair stated that Star Management “has a different Pitbull in attendance tonight.” He said they “spout law when it serves their purpose. When it comes to obeying laws they look the other way. They have lied to the citizens of Fillmore. Please vote NO on this appeal.”
El Dorado resident Paul Schifanelli, Vice President of Voice of El Dorado Mobilehome Association, said that a “majority condo conversion at this time would be devastating”. Schifanelli said much of the original infrastructure is over 30-years old and condo conversion is not practical, also citing escalating condo dues and expenses. He reminded council that the park consists of elderly tenants and that “age and debt” would burden them. He said the Association had invited park owner Nancy Watkins and Cirillo to HOA meetings, with no response. “We simply desire fair leases and fair stabilized rent, and a maintained park.” Schifanelli added that no 1-5 year leases have been offered, and asked the city to insist the park owner does their share.
Mayor Walker expressed that council is “duty bound to protect the health and safety of our citizens.” Councilmember Jamey Brooks asked that two items be added to the application; New Map Subdivision 10-26, and Evidence Residential Impact report. Motion to uphold City Staff’s Application Deemed Incomplete, plus modifications articulated by Brooks, passed, 5-0.
Regarding the FEMA meeting held last week, Director of Public Works, Bert Rapp, stated that Fillmore does participate in Provisional Accreditation for Levees (PAL). He felt that FEMA insurance rep Jana Crutchfield had left the impression Fillmore did not participate. The Ventura County Watershed Protection District applied for a PAL and received it for the Riverwalk project.
“We were very proactive in sending our mayor and council back to Washington, D.C. and achieve tremendous success,” referring to then-Mayor Steve Conaway and Mayor Pro-tem Cecelia Cuevas. Then-council’s actions were successful in getting north Fillmore removed from flood Zone A, said Rapp.
Mayor Walker reasserted that the city is “keeping information out there for the public and working hard to bring solutions for the problem” of FEMA required flood insurance for 1,500 residents.
A Joint Proclamation was presented to the Fillmore Soroptimist Club naming October ‘Breast Cancer Awareness Month’, and naming November ‘End Domestic Violence Month’. Oralia Herrera and Nora Toledo thanked the community on behalf of the Pink/Purple Project, pink for breast cancer and purple representing the problem of domestic violence.
Also presented was a Proclamation honoring the “Ventura County Together” Coalition for making a difference. Representative Elizabeth Retiera accepted the honor for those in need due to economic hardship. VC Together sponsors ‘The Buck Stops Here’ campaign providing food, shelter, and healthcare.
AMGEN has pledged grant funds to match dollar-for-dollar any donation between now and December 4, 2009. You can make a donation by contacting venturacountytogether.org or by calling the United Way at 805-485-6288 to pledge.
Council voted to authorize additional advertising expenditure associated with the North Fillmore Storefront Grand Re-Opening. Approximately $1,240 was approved for a Thank You in the Ventura County Star to those who supported the expansion and the Grand Re-Opening of the North Fillmore Police Storefront.
Mayor Pro-tem Washburn asked if the railroad tracks at Mountain View could be repaired. Rapp answered that asphalt patch would be applied “this week” to holes causing problems for motorists.
Mayor Walker announced a library sub-committee had been formed, with herself, Brooks, and Library Director, Jackie Griffin. She also announced that State Assembly Member Audra Strickland would be at Logsdon’s Restaurant, Santa Paula, on October 29th from 8:30am to 9:30am for questions regarding legislative action bills, etc.
Washburn praised the Senior Summit she and Community Coordinator Annette Cardona attended last Saturday at Channel Islands.
Councilmember Laurie Hernandez asked that a committee be formed to discuss the Fillmore Towne Theatre. City Manager Yvonne Quiring said city staff is putting together a staff report for council, regarding the theatre.
Quiring also advised that a city staff is exploring options to temporarily fill the position of Finance Director. A Classification Compensation study will be created for the permanent position, and all city positions. Quiring said the city may consider hiring a recruiter to bring applicants to the position, in which case RFP’s would be coming.
Mayor Walker said the Friends of Fillmore would like to place a bench outside the library. She said there was an extra city bench the city might consider presenting to the library. She asked that the item be placed on agenda at the earliest convenience.
Fillmore Fire Chief Rigo Landeros announced the Wednesday, November 4th controlled structure burn, and invited the public to “come out and take a look” from 9am to 5pm, just north of the old sewer plant, on C Street.
Council adjourned to Closed Executive Session, anticipated litigation: Initiation of litigation of one potential case; Conference with legal counsel regarding existing litigation, regarding Richard P. McKee v. City of Fillmore, possible violation of Brown Act.