Office Of The District Attorney
County of Ventura, State of California
Gregory D. Totten
District Attorney

December 8, 2010

Laurie Hernandez
Council Member
City of Fillmore
250 Central Avenue
Fillmore, CA 93015

Re: Brown Act Issue

Dear Ms. Hernandez:

Through an article in the Ventura County Star, the District Attorney’s Office became aware of the memorandum of October, 6, 2010, from Mayor Patti Walker. The memorandum discusses an article in the Manteca Bulletin that purportedly included statements by you regarding a closed session occurring on September 28, 2010.

Because the District Attorney has authority to enforce provisions of the Ralph M. Brown Act (public meeting law), I requested and obtained public information on this matter from the city clerk, including agendas, minutes, and recordings of city council meetings, as well as Mayor Walker’s memorandum. The Ventura County Star followed up with two articles stating that the District Attorney’s Office had obtained public documents regarding this matter, and suggesting that we might be conducting an investigation.

I have reviewed the materials I received from the city clerk, along with a copy of the Manteca Bulletin article. While I am aware that City Attorney Theodore Schneider wrote a memorandum to members of the council about this matter, he stated at the meeting of October 26, 2010, that this memorandum is protected by the attorney-client privilege. Accordingly, I have not requested that memorandum and am not aware of its contents.

Of particular relevance to me was the recording of the meeting of October 26, 2010, including your explanation of what you told the Manteca Bulletin reporter, what you were referring to in statements you made, and pointing out factual inaccuracies in the article. The information we have reviewed does not establish that you revealed any confidential information from the September 28 closed session, or that any violation of the Brown Act occurred. Accordingly, the District Attorney’s Office will be taking no action in this matter.

Very truly yours,
Michael D. Schwartz
Special Assistant District Attorney
MDS/ck
pc: Hon. Patti Walker, Mayor
Theodore J. Schneider, City Attorney

Due to a labeling error, mail delivery of the print edition of The Gazette will be delayed. We apologize for the inconvenience.

At approximately 6:06 p.m., the City of Fillmore Gang Unit attempted to conduct a traffic stop on a Nissan pickup truck for a vehicle code violation while in the area of 924 Sespe Ave. The driver, later identified as Angel Lincon 39, Fillmore, failed to yield to the patrol car and continued traveling eastbound on Sespe Ave. Lincon failed to stop at the intersection of Sespe Ave at ‘B’ St continuing eastbound. While approaching the intersection of Sespe Ave at Old Telegraph Rd Lincon discarded narcotics from the vehicle (later recovered and determined to be methamphetamine). Lincon failed to stop at the intersection and turned east onto Old Telegraph Rd. Lincon stopped the vehicle in the Taco Llama parking lot. When detectives contacted Lincon they discovered he was in possession of a concealed fixed blade knife. Lincon was taken into custody without further incident.
Lincon was arrested for the following charges: Possession Of A Deadly Weapon, Destroying Or Concealing Evidence, Transportation Of a Controlled Substance, Possession Of A Controlled Substance, Under The Influence Of A Controlled Substance, Evading A Peace Officer, Reckless Driving.

On Tuesday December 7th the Fillmore Unified School Board of Trustees met for a regularly scheduled meeting that included the required ‘Organizational Meeting’ wherein newly elected members are sworn in, outgoing members are recognized and new Officers are elected. The meeting began with the Board recognizing the service of outgoing Board Clerk Liz Wilde. Wilde was elected in 2006 and served one term. Newly re-elected Board Member Tony Prado presented her with a “Students First” award and expressed his thanks to Wilde for her involvement in and support of several actions taken by the Board during her term, which he felt, benefited the District. Prado commented that he holds Wilde as the “Ideal Board Member” because of her dedication and preparation in making decisions. San Cayetano Elementary School Principal Jan Marholin expressed her thanks to Wilde and presented her with a plaque. Marholin commented that “[she could] always count on [Wilde] to be at [all open houses and school events]”. Wilde thanked all those who voted for her and expressed her hope that she met their expectations during her term. Outgoing Board Member Mike Saviers was unable to attend and will be recognized at a future meeting.

During public comment Janet Foy spoke to the Board about the efforts of the Sespe Players to win a $50,000 grant through the “Pepsi Refresh” program. The money will be used to renovate Sespe Auditorium. She emphasized the need for the entire community to vote to make this happen. There are three ways to vote, email, facebook and by text. The same person can vote every day, voting ends on December 31. For more info call Priscilla at 805-794-6228 or www.refresheverything.com/sespeauditorium

The Organizational portion of the meeting began with Prado, the outgoing Board President, appointing Superintendent Jeff Sweeney as Chairperson Pro Tem to oversee the swearing in of the new Board Members and the election of Board Officers. Sweeney administered the Oath of Office to the newly elected Board Members, Lucy Rangel, Dave Wilde and re-elected Tony Prado. Before taking their seats at the Board table the newly sworn in Board Members thanked their family members in attendance with Rangel taking the prize for most family members in attendance. Sweeney then conducted the election of new officers on the Board: President, Virginia De La Piedra, Vice President John Garnica, Clerk Dave Wilde. Sweeney then relinquished the gavel to De La Piedra for her to conduct the remainder of the meeting.

Rangel volunteered and was CONTINUED »

The California Division of Oil, Gas, and Geothermal Resources (DOGGR) recently completed remediation work at an oil facility to protect public safety and the environment – in particular, a surrounding orchard.

“The oil facility is located within a large avocado orchard, and the owner was thrilled we were stepping in to take care of the problem,” explained Bruce Hesson, chief of DOGGR’s Ventura office.

DOGGR is part of the California Department of Conservation.

During a routine inspection last January, a DOGGR field engineer noted several deficiencies at the Fillmore site. Owned by Crest Oil & Gas Management Corp., the operation had been shut-in since December 2007. A leaking pipe, a standing mixture of oil and water inside a retaining wall, and two leaking 500-barrel tanks were discovered.

After making numerous unsuccessful attempts to have Crest bring the site into full compliance, DOGGR issued a formal order to perform corrective work on July. 22. When the operator failed to appeal or do the necessary work in the time allowed, DOGGR contracted with M.G. Taylor Equipment Inc. to do the remediation.

Work began in early September. As a spill prevention measure, all the remaining fluid in the idle tanks was removed. Two of the four tanks at the site were disassembled and scrapped. One of them contained thick drilling mud. The contractor had to bring in a “super sucker” vacuum truck to get it all out.

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