Realtor Cindy Diaz-Telly warned “If the seller refuses (the inspection) it can cause an escrow to fail...it brings up red flags to the lenders” regarding the new Home Sale Ordinance.

An ordinance regarding home sale requirements has once again brought local realtors to the Fillmore City Council Meeting. They had shown up to the original scheduling of this item on October 27, 2015 but were not notified of the meeting's cancellation. The cancellation was a result of agenda not being made public in the legal timely manor. City Manager David Rowlands stated it was the responsibility of Patrick Maynard to post it, but there was some confusion on what the legal timely requirements were.

The new ordinance, Humane Living Standards Residential Inspection Program, has local realtors in strong opposition. A card mailer was sent out last week along with robo calls asking for the publics’ input on the ordinance.

The Council has changed the original ordinance draft and it now reflects that the housing inspection is voluntary. But realtor Cindy Diaz-Telly countered by saying the added red tape causes problems stating, "If the seller refuses (the inspection) it can cause an escrow to fail...it brings up red flags to the lenders." She continued stating she is already seeing pushback on sales and told the Council the realtors encouraged the council to work together with them, but that they did not reach out to the realtors before moving forward with the ordinance. She made the point that it was a code enforcement issue, not a real estate issue adding that real estate is the leading factor in economic recovery in Fillmore and this is harming that recovery.

Realtor Dennis Goldstein spoke of the data that was sent to the Council which showed percentages of homes now built and the percentages 35 years in the future and questioned, "How effective is this ordinance going to be?" He ended with saying there are may things a city can do such as code enforcement.

Real Estate Broker D.J. Ward VCCAR President told the Council, "We're encouraged to disclose" all issues related to the property and "the ordinance, although well intended, will create problems" financially with the sale. He explained that the buyers and sellers often negotiate the price when property needs improvements or changes, adding, "We feel it is a burdensome ordinance that is not in the best interest for a percentage of Fillmore."

Attorney Neal P. Maguire with Ferguson, Case, Orr, Peterson L.L.P. spoke of the problems with a Point of Sale Program such as the ordinance, stating that it often comes with incomplete reports especially with older homes and the cities often shift the problem to the homeowner when the problem should stay with the cities regarding the property history.

The ordinance states the City of Fillmore has 14 days to submit a report and Maguire felt that is too long, saying a two day period would be more appropriate and that there should be a penalty if the report is not given in a timely manor or the property sale should be allowed to move forward without it.

Fillmore Real Estate Broker Evaristo H. Barajas, who formerly served as Mayor of Fillmore, addressed the Council stating the "human living conditions" are unacceptable. "Fillmore has half the mean income of Ventura County....when on the Council we worked on making it easier for the people of Fillmore....have you thought about the people living in those homes?" He continued by informing the Council the vacancy rate in Fillmore is zero and that the Council should be thinking of ways to provide housing. "This is survival for some people...you're approaching it the wrong way...it's human survival."

City Manager Rowlands responded, "What's the right thing...what's the fair thing to do?" City Attorney Tiffany Israel was asked what experience her law firm has dealing with such ordinances and she responded the programs are a success.

Councilwoman Carrie Broggie thanked the realtors for their coming forward to speak and said that she realized it might be an inconvenience to the buyer and seller, but "it is a violation of the law" and the Council "can't turn a blind eye when they know what is going on."

Councilman Rick Neal stated he had heard from the public and they told him they were happy with the ordinance. He added that he agrees with having a shorter time to submit the reports to the seller, that it would be better than the 15 days the ordinance now requires, and that there should be some relief for the seller if it not done in a timely manor.

Councilwoman Diane McCall said she also spoke with the public on the ordinance and that not one person was in support of it. "I'm not for it.....it infringes on ownership rights....this is voluntary, so we're not accomplishing what we're trying to do." She continued that the City needs to step up code enforcement and she understood that is was well intentioned. "At what point do we draw the line...we don't have enough housing for people to live." McCall ended with, "If this were to be brought to the public for a vote it would be voted down."

Mayor Douglas Tucker stated that his interactions with the public regarding the ordinance was about half in favor and half opposed. Tucker then mentioned extreme conditions such as 20 people living in a one bedroom house and spoke of unethical realtors showing homes before the foreclosure process. He mentioned the Brown Act and its requirement for open public comments and that the discussions were helpful, "We've listened to the realtors, I think we've done a good job of listening....I think this ordinance does a good job."

McCall then interjected, "We haven't really spent a great deal of time on this, with what--three meetings? I would like a subcommittee to research the impact on the real estate market."

Neal responded he did not want a subcommittee, "I'm convinced how I feel about it...the robo calls and mailers were misleading."

Broggie said she sees it as a tryout with it having a sunset clause in 18 months which Tucker agreed saying "....the 18 months give time to see how well it works."

Neal asked to bring it to a vote, which ended with a 3-1 decision and McCall the only No vote (Council Member Manuel Minjares not in attendance).

Another item on the agenda was the proposed light signal on Highway 126 and Mountain View. It seems that for every plan check submitted to Caltrans a new item is required by the State. The plans have been submitted three times. This last time two additional items have been added that were not part of the original plans. A 140' retaining wall 5' high on the northeast corner along Hwy 126 which needs surveying, designing and a geotechnical report and will take approximately 8 weeks, is now required. This means they will not break ground until 2016.

Police Chief Dave CONTINUED »

Kelli Couse

After moving to Fillmore thirteen years ago I began volunteering in various community positions. When Mountain Vista Elementary opened in 2005 I assisted in forming the non-profit parent booster club. Our goal was to add books to the library, offer self esteem and anti bully training, provide art program and general support to encourage a positive school climate. In 2009 I received a Be The Change award for my participation in the school board Reconfiguration Committee. Working with Fillmore Middle School I volunteered my time where needed, including operating book fairs and chaperoning dances as well as attending the 2013 7th and 8th grade Washington D.C trip. My three daughters have attended Fillmore schools. Currently I have a freshman and a junior at Fillmore High. By serving on the school board I hope my insight as an involved parent will be of assistance in guiding the district.

Westbound traffic will be reduced to one lane during closure; eastbound traffic will not be impacted
Ventura, Calif. – On Monday, Nov. 9, the Ventura County Transportation Commission (VCTC) will close one westbound lane of Highway 126 near Hallock Drive in Santa Paula to make repairs to a railroad grade crossing.

During the closure, westbound traffic will be reduced to one lane. Drivers should expect delays.

VCTC’s contractor, J.A. Palcek Construction Co., will begin installing temporary traffic control devices and light towers at 6 p.m. on Nov. 9. One westbound lane of Highway 126 is expected to be fully closed from 7 p.m. on Nov. 9 through 9 a.m. on Nov. 10.

“We will partially close Highway 126 in order to make needed repairs to the Santa Paula Branch Line,” said Darren Kettle, executive director of VCTC. “By scheduling the closure during the nighttime hours, we hope to minimize the inconvenience to motorists and nearby businesses while ensuring the railroad crossing remains in safe, working condition.”

The Santa Paula Branch Line, owned by VCTC since 1995, is a stretch of railroad track running from east Ventura through Santa Paula, Fillmore and Piru to the Los Angeles County Line. It crosses Highway 126 just east of Santa Paula between Hallock Drive and Haun Creek. During the closure on Nov. 9-10, VCTC’s contractor will repair and replace a defective concrete railroad-crossing panel.

About the Ventura County Transportation Commission
The Ventura County Transportation Commission is the regional transportation planning agency committed to keeping Ventura County moving. Program information is available at goventura.org.

SACRAMENTO – California Department of Public Health (CDPH) State Public Health Officer Dr. Karen Smith today announced that CDPH has received the first report of an influenza-associated fatality in a person under age 65 for the 2015-2016 flu season. The death occurred in Santa Clara County and serves as a somber reminder that influenza can cause serious illness or death.

“As California’s public health officer, I am troubled when the flu turns into loss of life,” Dr. Smith said. “It doesn’t have to. That’s why I urge you to get your flu shot. By getting vaccinated, you can keep yourself healthy and stop the virus from spreading to others.”

Overall influenza activity in California remains sporadic, but Dr. Smith points out that influenza viruses circulate at their peak levels from December through April.

"Now is a good time to be vaccinated before the flu really spreads widely," said Dr. Smith.

Each year, flu causes millions of illnesses, hundreds of thousands of hospitalizations and thousands or sometimes tens of thousands of deaths in the United States. To reduce this threat, CDPH recommends the annual flu vaccine for everyone six months of age and older, including pregnant women.

Two of this season’s vaccine components, the influenza A (H3N2) and influenza B (Yamagata lineage) strains, have been updated to match the viruses Californians are likely to face during the 2015-2016 flu season.

Flu can cause severe disease across all ages. According to the California influenza surveillance report recently published, there were 78 influenza-associated deaths reported in persons under 65 years of age in California during the 2014-15 influenza season. Only deaths in persons under age 65 are reported to CDPH and many influenza-associated deaths are unrecognized. Therefore, the actual number of deaths due to influenza was much greater.

Common symptoms of the flu include fever or feeling feverish, a cough and/or sore throat, a runny or stuffy nose, chills, fatigue and body aches. Children may also have nausea, vomiting or diarrhea.

To stop the spread of flu and other respiratory illnesses, Californians should also:

• Stay home when sick
• Cover a cough or sneeze with a tissue and properly dispose of the used tissue
• Wash hands thoroughly with soap and warm water or an alcohol-based hand sanitizer
• Avoid touching your eyes, nose and mouth

Dr. Smith encourages Californians to contact their health care provider, physician office, clinic or pharmacy about obtaining the flu vaccine. Some local health departments may also offer low- or no-cost flu immunizations. For more information about the flu visit the CDPH influenza web page.To find a flu vaccine location near you, visit www.flu.gov.

Enlarge Photo

Enlarge Photo

Enlarge Photo

Enlarge Photo

Enlarge Photo

Enlarge Photo

Enlarge Photo

Enlarge Photo

Enlarge Photo

Enlarge Photo

Our local Seneca oil company (Seneca Resources) invited a number of people to take part in a tour of its extensive Sespe oil fields above Fillmore, Tuesday. It was an eye-opening experience for me. The group of approximately 20 guests was treated to a fine lunch at the Oak Flat office. Thereafter, we toured the complete operations of the facility.

Site Operations Manager, Luke Faith, lifetime Fillmore resident, answered all questions concerning operations, and provided a great deal of information about the condor population in the refuge surrounding Seneca's area of operation. Those who are concerned about the welfare of this endangered species can rest assured that every effort is being made to care for these special birds.

I have never before seen an oil field whose roads, pads, and equipment could be described as pristine. It seems to me that Seneca cares for the birds as much as they do oil production.

Seneca has been an important partner in California's oil production for the past 25 years, although the Pennsylvania-based company is more than 100-years-old. The company' "fracking" activity is extraordinarily clean, precisely controlled, and has no geological connection with well water in the Santa Clara River Valley (Fillmore, Piru, and Santa Paula). All of its gas and oil production is processed and utilized in Ventura County.

Seneca is a great neighbor for Fillmore to have producing a vital resource.