Brown Act violations letter page 1.
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Brown Act violations letter page 2.
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Brown Act violations letter page 3.
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Brown Act violations letter page 4.
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Brown Act violations letter page 5.
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At it’s Tuesday, August 3rd regular meeting the Fillmore School Board of Trustees conducted a relatively brief meeting with little public attendance. Board members present were Board President Tony Prado, Board Clerk Liz Wilde and Board Member Mike Saviers.

Board business consisted of approving several ‘action’ items, including the approval of two new job descriptions. These positions represent a consolidation of other positions related to services for migrant and ESL (English as a Second Language) students. These positions will act as liaisons to parents of English learner students, and will work with principals and staff to fine tune the curriculum to meet the needs of the migrant and Spanish speaking population at the schools. According to data at the California Department of Education (CDE) (2008-2009 school year) this will represent about 1,395 students.

Superintendent Jeff Sweeney announced the new ‘theme’ for this school year; ”Who’s First?” Last year it was The Power of One. This year’s program will be used to recognize faculty and staff who “put students first” and go “above and beyond” in doing so.

In addition to reminding us about the State budget woes and their affect on the local District budget, Assistant Superintendent Mike Bush reported to the Board regarding a $50,000 grant received for a “Mommy and Me” infant to toddler program supported by First 5 of California. This program will provide a preschool program for children led by licensed pre-school teachers as well as classes focused on literacy, health and nutrition for parents and caregivers. The intent of the program is to get young children “school ready”. The program will have classes in Piru and Fillmore. The start date of the program is not yet known; interested parents and caregivers can contact the District for more information.

Discussion and time was spent presenting various facilities issues. Both previous complaints filed regarding substandard facility issues, as well as improvements and new construction that has taken place over the summer. The new campus for Sierra High School is not quite complete but according to Board Member Liz Wilde is looking wonderful. The school will be open for students on the first day of school, with finishing touches still going on. Sweeney indicated that once complete a grand opening will be planned for the community to come and view the new campus.

Prado read a statement regarding complaints made against the Board regarding various Brown Act violations. His statement was brief and indicated that they were fully cooperating with the District Attorney and that the Board was in full compliance. The Gazette has obtained a letter dated July 16, 2010, from Special Assistant District Attorney Michael Schwartz addressed to Prado. The letter states that according to complaints made and evidence corroborating them; the School Board was in violation of the Brown Act. Schwartz notes that the Board is required to allow members of the public to record all parts of a public meeting, so long as it does not disrupt the proceedings. Schwartz finds that on May 18th, when Prado asked Fillmore resident Rita Avila to cease recording he was acting in violation of state law. The letter goes on to state that requiring a person who is speaking during public comment to provide their address is an “unauthorized limitation on the opportunity for public comment”. This violation took place on May 18, 2010 as well but at that meeting Board Vice President Virginia De La Piedra actually stated that she had been on the Board for 14 years and they had always asked for individuals addresses. It would appear that the Board has been in violation of state law for 14 years. The letter from Schwartz also indicates possible violations regarding the Board’s conduct around holding closed sessions. The letter states “It does not appear that the subject matter or statutory authorization for the second May 18 closed session was stated either verbally or on the agenda, as required by the Brown Act”. Schwartz goes on to indicate a similar apparent violation at the June 15 Board meeting. The letter explains that if closed session business was not completed prior to a public meeting, that the Board may reconvene into closed session so long as they inform the public of this. But that the Board may not convene into closed session on an item that was not on the agenda, without stating the code that allows them to do so. Schwartz asks Prado to notify him if the public was somehow informed of the subject matter, actions taken and that the public was given opportunity to be heard on the items discussed in closed session following the May 18 and June 15 Board meetings. Schwartz does indicate that if not, the Board has 30 days to “cure or correct” this by “ placing the subjects that were discussed on the agenda for a future meeting, allowing public comment on them, reconsidering them (in closed session, if authorized) and reporting back in open session whatever action was taken.” The letter concludes by reminding the Board that the District Attorney has authority to “bring civil action to enforce provisions of the Brown Act” but prefers that the Board voluntarily comply. A copy of the Brown Act was included as well as an offer by Schwartz to come and do a one-hour presentation to the Board regarding the provisions of the Brown Act. Prado made no comment about having Schwartz do such a presentation.

At the June 15th Board meeting in addition to CONTINUED »

Robert Katz of Ventura assists with the breathing apparatus in Operation: Deck the N00b, a timed team exercise. Photo Credit: Bill Herrera, Fillmore Fire Department.
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The Cab
In the cab of the fire engine, I sit high above the ground facing backwards, surrounded by a pristine black interior. The cleanliness is striking: this vehicle is summoned to the streets twice or thrice a day, yet four years on, it looks brand-new, not a mote of ash in sight. The closest things to clutter are the weathered turnout gear nestled on the floor, standing ready for action.

What really tickles me is the rectangular chrome handle on the outside of the cab door, the ease with which it opens, and the satisfying “click” of the door securely closing*—nothing at all like the loud slamming of a truck door. This engine feels like an exquisite model car, only it’s a fully operational machine.
Across from me is a clean black seat with a breathing apparatus neatly slung over the shoulders. It’s so the firefighters can readily slip them on, Mercado explains. It also makes the seats look like rocket chairs.

More Maneuvers
After an episode involving a demonstration of the loudspeaker, we find ourselves at a littered grass lot where three crows march about aimlessly. I’m handed a water bottle extracted from one of Engine 91’s many compartments, and the crew sets out to execute an appropriately called dry run of a structure fire simulation: orange cones mark the perimeter of the hypothetical high-rise building. Tinker gives directions, asking questions to check for comprehension and explaining details. As I listen, my vocabulary expands to include “dc,” or disconnect, as in nozzles from hoses. I also learn that a Gated Y is a red metal Y-shaped valve with handles to cut off water in either of the diverted flows—a mid-hose faucet of sorts.

Scanning the couple hundred feet of snaking speed lays set up on the grass, Herrera tells me that dehydration kicks in after seven minutes in turnouts, so efficiency is key. A firefighter works for 20 minutes before he replaces his air bottle to work for another 20, after which, circumstances allowing, he breaks for “rehab” to take off his gear and cool down for 20 minutes of rest before returning to action. A bottle holds about 30 minutes of air, but its effectiveness varies; someone out of shape can deplete it in 15 minutes.

The work shifts also CONTINUED »

Good morning. I have attached a "Letter to the Public" concerning the upcoming Protest Ballot matters concerning the increase in water rates. On behalf of the City Council it would be appreciated if you could place this in your upcoming edition.

While we would like to see it afforded the same level of newsworthiness as you have given others by placing it on the front page, we will leave the placement of this item to your discretion. Thank you, Patti Walker, Mayor
In 2002, the City refinanced the 1989 $8,000,000 water bonds to fund various water system improvements. In 2006, it was understood rates would increase 25% but were only raised 10%. The decision to reduce the increase was due to the fact the Council had to raise sewer rates to cover costs for the new water recycling plant and they did not want to further burden the citizens.

The bad news is two-fold: the current rate doesn’t cover the 2002 debt and with a modest increase in rates there will not be money in the Fund to cover maintenance of the water system.

Currently the City pays for street sweeping and without taking further cuts to the budget there isn’t money in the General Fund to continue this practice. The citizens are being asked to pay up to $1.20 a month on the bill they receive from Harrison (the trash hauler) to cover this cost.

During the budget process, the Council determined it was necessary to raise the water rates approximately $1.70 a month beginning October 15, 2010. The rate would increase an additional $1.80 in January 2011 and then another $1.90 in January 2012. For the years 2013, 2014 and 2015, additional increases will be 2% plus the CPI (currently at 2%). These increases would only cover the debt, utility and pumping increases, as well as the street sweeping costs. The staff did not recommend any increase to cover the maintenance costs.

We are hearing from CONTINUED »

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On July 27, 2010, at approximately 1855 hrs. the Ventura County Sheriff’s Department received a call from the California Highway Patrol requesting mutual aid. A CHP officer had been dispatched to a vehicle vs. pedestrian traffic collision near the 1100 block East Guiberson Rd. in the unincorporated area of Fillmore.

The suspect, Cheree Sanker, 34, Fillmore, attempted to run over Juan Gonzales and Yesemia Zavala, 19, Fillmore, as they were walking along the side of Guiberson Rd. Zavala called 9-1-1 on her cell phone, and notified CHP of the incident.

As the first CHP unit arrived on scene, Sanker, attempted to ram the CHP unit head-on. CHP officer Mumme was able to avoid a head on collision, but Sanker’s vehicle collided with the right rear side of the unit.
CHP officer Mumme was able to exit his unit while Sanker was still inside of her vehicle holding a knife, threatening to take her own life. Additional Officers from the CHP and the Sheriff’s Department arrived and after a short time Sanker was convinced to discard the knife and surrender to officers.

AMR Ambulance transported CHP officer Mumme to a local hospital with a complaint of pain to his abdomen. Sanker was transported to the Ventura County Medical Center and admitted for observation. Sanker was booked on charges of 245 (a)(1) P.C. Assault with a Deadly Weapon.

An unexpected provisional volunteer with a shiny giant toolbox on wheels, otherwise known as Engine 91. Note the discreet ax and balaclava styling. Photo Credit: Capt. Bill Herrera, FFD.
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Descending Upon the Station
The fire station looks deserted. This seems a rather ominous sign* as I’ve arrived to meet Fire Chief Rigo Landeros, who’d kindly agreed tell me about the Fillmore Fire Department. But as no one’s answering the doorbell at the living quarters and I’m against knocking on two-story bay doors, I amuse myself with the thought of firefighters busting moves to Sean Kingston’s “Fire Burning” until a white command vehicle pulls into the parking lot.

A smiling Chief Landeros sporting shorts and white sneakers leads me around the building where the bay doors are wide open. We climb a metal staircase, passing the parked fire engines that inspire the profound remark, “Whoa, they’re very shiny.” The chief agrees with my assessment. In a stark air-conditioned training room, I’m briefed on the department’s history.

The Department’s History
When the Fillmore Volunteer Fire Department was established in 1914, it was completely manned by local volunteers. A ringing bell, then later air sirens, summoned the volunteers to the station (then located at Central and Main), where the reported incident was written up on a chalkboard. Landeros reminisces how in his youth, he’d bike down to the station to view the chalkboard and pedal over to watch the firefighters in action. “It was really exciting,” he recalls.

About 25 years ago CONTINUED »

City of Fillmore

At the July 20 City Council meeting, Interim Finance Director Anita Lawrence presented the City of Fillmore/Redevelopment Agency 2010-11 Budget for a final review and adoption by the Council. The budget was the product of long deliberations over the July 13 City Council meeting, the Budget Workshop held July 14, and many hours of preparation and discussion by staff. Debates covered cost cutting and revenue generating ideas, adjustment of service levels, changes in rates and fees and allocation of funds, and took into consideration public comments submitted by supporters of the Fillmore Aquatic Center and representatives from the Senior Center.

Lawrence noted in her presentation that City Manager Yvonne Quiring has asserted that addressing the problems the City will face in next fiscal year will not be enough to solve Fillmore’s financial situation, as the 2011/12 fiscal year is expected to have further challenges.

The City Manager’s recommendation for City funds in FY 2010/11 were accepted, with further analysis on the Pool Fund and Town Theater still pending. An estimate of the net impact of the eleven adjusted funds totals hovers near $180,000, with anticipated losses in the Sewer Fund, Pool Fund, RDA Housing Fund, and RDA Capital Projects Fund.

In discussing the CONTINUED »

On July 17, 2010 at 9:12 p.m., the Ventura County Sheriff’s Department / Fillmore Police Department responded to a call of an ambulance follow-up for a male victim, Christian Giusti, 24 of Fillmore, who had been shot in the 300 block of Bard Street in the city of Fillmore. Prior to the arrival of deputies, the suspect(s) fled the scene. An extensive search for the suspect(s) was conducted with negative results. The victim received a gunshot wound and was pronounced deceased at the scene.

According to the Ventura Star Giusti had known gang affiliations. his most recent arrest was in September 2009 for possession of a handgun and bullets, a violation of his probation as a convicted felon. The ammunition charge was later dismissed, but he pled guilty to possession of a firearm by a felon. Giusti was due back in court last week in relation to the case, but failed to appear. A judge revoked his probation and issued a warrant for his arrest.

Ventura County Crime Stoppers will pay up to $1,000 reward for information, which leads to the arrest and criminal complaint against the person(s) responsible for this crime. The caller may remain anonymous. The call is not recorded. Call Crime Stoppers at 800-222-TIPS (8477).