Fillmore City Council and Successor Agency Council Chambers Regular Meeting City Hall
June 13, 2023 6:30 P.M.
1. CALL TO ORDER
Mayor Mark Austin called the meeting to order. Mayor Austin made the announcement about Councilmember Chris Gurrola attending the meeting via phone as listed below.
MEETING ATTENDANCE - Pursuant State Law 54953 (b), Councilmember Chris Gurrola will attend the meeting via phone from 211 E 4th St., 3G02 Entrance, Apt. 3110 North Little Rock, AR 72114. The meeting agenda will be posted in this location, which is open to public, more than 24 hrs. before the meeting. Any interested member of the public may join Councilmember Chris Gurrola at this location for the meeting.
2. PLEDGE OF ALLEGIANCE
Mayor Mark Austin led the pledge.
3. ROLL CALL
All present Members Present: Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
4. APPROVAL OF AGENDA
Mayor Pro Tem Christina Villaseñor motioned, seconded by Councilmember Carrie Broggie to approve the agenda. Motioned carried by the following voice vote: AYES:
Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
5. PRESENTATIONS
5.A CLEAN POWER ALLIANCE PRESENTATION- KAREN SCHMIDT, DIRECTOR, RATES
AND STRATEGY
Karen Schmidt, Director Rates and Strategy with Clean Power Alliance presented this item.
Mayor Pro Tem Christina Villaseñor had a question. Karen Schmidt addressed it.
5.B HOUSING ELEMENT UPDATE PRESENTATION- KEVIN
Kevin McSweeney, Planning and Community Development Director, presented this item.
6. PUBLIC COMMENTS
Janel Torres submitted a public written comment in support of the Mayor issuing a Pride Proclamation.
Robert Dedlow submitted a public written comment in support of joining Clean Power Alliance.
Nicole Facciuto submitted a public written comment in support of joining Clean Power Alliance.
Fatima Calderon submitted a public written comment in support of joining Clean Power Alliance.
Jan Dietrick submitted a public written comment in support of joining Clean Power Alliance.
Rebecca Enriquez submitted a public written comment in support of the Mayor issuing a Pride Proclamation.
Norma Amaro was called to speak regarding parking in Central Avenue within the Central Business District (CBD).
Phil Fewsmith was called to speak in objection to joining the Clean Power Alliance.
Janey Muñoz was called to speak in support of joining the Clean Power Alliance.
Todd Callart was called to speak in support of joining the Clean Power Alliance.
Haley Ehlers was called to speak in support of joining the Clean Power Alliance.
Farah Stack was called to speak in support of joining the Clean Power Alliance.
Jennifer Hernandez was called to speak in support of joining the Clean Power Alliance and requested support of issuing a Pride Proclamation.
Rhonda Taylor was called to speak in opposition to the Mayor issuing a Pride Proclamation. She read the written public comment that was submitted from Rebecca Enriquez.
Regina Nuñoz was called to speak in opposition to the Mayor issuing a Pride Proclamation.
Eric Lanz was called to speak in support of the Mayor of the issuing a Pride Proclamation.
Unique Dorwin was called to speak in support of the Mayor issuing a Pride Proclamation.
Jake Fagundes was called to speak in support of the Mayor issuing of a Pride Proclamation.
Erin Fagundes was called to speak in support of the Mayor issuing a Pride Proclamation.
Lynn Edmonds was called to speak in support of the Mayor issuing a Pride Proclamation; In support of joining the Clean Power Alliance, and affordable housing.
Sean Adams Lance was called to speak in support of the Mayor issuing a Pride Proclamation.
Steven Auclair was called to speak in support of the Mayor issuing a Pride Proclamation.
Renee Swenson was called to speak regarding code violation and removal of 444 Santa Clara Avenue and 448 Santa Clara Avenue from the CBD.
Tracy Stweart was called and provided a rail cart storage update from the VCTC meeting.
Simone Alex was called to speak in objection to the Mayor issuing a Pride Proclamation.
AJ Homes was called to speak in support of the Mayor issuing a Pride Proclamation and raising the pride flag.
Patricia Logan was called to speak in support of the Mayor issuing a Pride Proclamation raising the pride flag.
Michael Mckeon was called to speak in support of the Mayor issuing a Pride Proclamation.
Gabriel Vignone was called to speak in support of the Fillmore Terrace project.
Tim Holmgren was called to speak. He read a public written comment submitted from Miguel Enriquez; in opposition of the Mayor issuing a Pride Proclamation, and in opposition of joining the Clean Power Alliance.
Brisa Romero was called to speak in support of the Mayor issuing a Pride Proclamation.
Karen, Ruby, and Maria were called to speak in support of the Mayor issuing a Pride Proclamation.
Karol and Alina were called to speak in support of the Mayor issuing a Pride Proclamation.
Tie Gutierrez was called to speak and shared how she felt at the meeting and encouraged the Mayor issuing a Pride Proclamation.
Jasmin was called to speak in support of the Mayor issuing a Pride Proclamation.
Luis Rodriguez was called to speak about programs at the FUSD and nonharassment to LGBTQ community members and there being visibility for LGBTQ community members.
Maria Navarro was called to speak in support of Fillmore Terrace project; support of joining clean power alliance and support of the Mayor issuing a Pride Proclamation.
Carina Sandford was called to speak in support of the Mayor issuing a Pride Proclamation.
Mary Bennett was called to speak in response to Zachary Lotshaw’s comments at the last council meeting and in opposition to the mayor issuing a Pride Proclamation.
Sarah Walker was called to speak in support of the city joining the Clean Power Alliance and in support of the Mayor issuing a Pride Proclamation.
Diane Sutton was called to speak in opposition to the Mayor issuing a Pride Proclamation.
7. CITY COUNCIL REPORTS, RECOMMENDATIONS, AND COMMENTS
Councilmember Chris Gurrola commented on the supportive community values within the City of Fillmore.
Mayor Pro Tem Christina Villaseñor commented on the value of joining the Clean Power Alliance. She requested council support to agendize the CPA. Mayor Mark Austin, Councilmember Christina Villaseñor, Councilmember Albert Mendez and Councilmember Chris Gurrola all indicated that they would like to hear from SCE before the item receives votes to agendize the item.
Mayor Pro Tem Christina Villaseñor thanked everyone who came and was supportive of the Mayor to issue a Pride Proclamation.
Councilmember Albert Mendez commented that he supports Pride Month.
Mayor Mark Austin commented on his acceptance towards the LGBTQ community in Fillmore and expressed that the LGBTQ community has always been welcomed in the City of Fillmore.
8. CONSENT CALENDAR - Recommendation for Item 8.A through 8.D is to Approve by voice vote.
8.A CITY OF FILLMORE WARRANT REGISTER-JUNE 13, 2023
CITY OF FILLMORE WARRANT REGISTER-JUNE 13, 2023.pdf
8.B REVISED MINUTES MAY 9, 2023
MINUTES MAY 9, 2023_REVISED.pdf
8.C MINUTES MAY 23, 2023
MINUTES MAY 23, 2023.pdf
8.D SR BURKHART CONTRACT 2023
SR BURKHART CONTRACT 2023.pdf
Councilmember Albert Mendez motioned, seconded by Councilmember Carrie Broggie to approve the consent calendar by voice. Motioned carried by the following voice vote:
AYES: Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
Meeting went into recess for a quick break @ 8:47pm
Meeting Reconvened @ 8:53PM
9. NEW BUSINESS
9.A STAFF REPORT - SB-1 FY 2023-24
STAFF REPORT - SB-1 FY 2023-24.pdf
Roxanne Hughes, City Engineer, presented this item.
Mayor Pro Tem Christina Villaseñor motioned, seconded by Councilmember Albert Mendez to approve Resolution No. 23-3945 approving the Fiscal Year 2023-2024 Road Repair and Accountability Act of 2017 (Senate Bill 1 or SB1) projects list. Motioned carried by the following voice vote: AYES:
Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
Mayor Pro Tem Christina Villaseñor had questions. Staff addressed the questions.
Councilmember Carrie Broggie had a question. Staff addressed the questions.
9.B ADOPTION OF RESOLUTION 23-3946 FIXING THE COMPENSATION, BENEFITS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT OF NON-REPRESENTED
MANAGEMENT/ MID-MANAGEMENT, CONFIDENTIAL, AND PART TIME EMPLOYEES OF THE CITY OF FILLMORE EFFECTIVE JULY 1, 2023 STAFF REPORT 2023-2024 MANAGEMENT, MID MANAGEMENT COMP AND BENEFITS.pdf
Erika Herrera-Terriquez, Assistant City Manager, presented this item.
Mayor Pro Tem Christina Villaseñor motioned, seconded by Councilmember Carrie Broggie to adopt Resolution 23-3946. Motioned carried by the following voice vote: AYES: Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
9.C CONSIDERATION OF 2023 EMPLOYMENT AGREEMENT WITH CITY MANAGER
DAVID ROWLANDS
Staff Report - 2023 CM CONTRACT ROWLANDS.pdf
Erika Herrera-Terriquez, Assistant City Manager, presented this item.
Councilmember Carrie Broggie motioned, seconded by Councilmember Chris Gurrola adopt Resolution 23-3948 approving and authorizing the Mayor to sign the Amended and Restated City Manager Employment Agreement Between City of Fillmore & David Wayne Rowlands. Motioned carried by the following voice vote: AYES: Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
9.D SALARY SCHEDULE
STAFF REPORT PUBLICLY AVAILABLE PAY SCHEDULE.pdf
Erika Herrera-Terriquez, Assistant City Manager, presented this item.
Mayor Pro Tem Christina Villaseñor motioned, seconded by Councilmember Albert Mendez to adopt Resolution 23-3947, Updating and Amending the City of Fillmore’s Publicly Available Pay Schedule. Motioned carried by the following voice vote: AYES: Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
9.E SR - GANN APPOPRIATION LIMIT FY 2023-24
SR - GANN APPOPRIATION LIMIT FY 2023-24.pdf
Debra Cavaletto, Finance Director, presented this item.
Mayor Pro Tem Christina Villaseñor motioned, seconded by Councilmember Carrie Broggie to adopt Resolution 23-3944 establishing the appropriation limit for FY 2023-24. Motioned carried by the following voice vote: AYES:
Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
Councilmember Chris Gurrola had questions. Staff addressed the questions.
Councilmember Carrie Broggie had questions. Staff addressed the questions.
9.F SR - HERITAGE VALLEY EXPRESS RESTATED AGREEMENT
SR - HERITAGE VALLEY EXPRESS RESTATED AGREEMENT.pdf
David W. Rowlands, City Manager, presented this item.
Councilmember Carrie Broggie had comments regarding recruiting drivers and shortage from VCTC.
Mayor Pro Tem Christina Villaseñor motioned, seconded by Councilmember Albert Mendez to approve the First Amended and Restated Cooperative Agreement for Valley Express Transit Service. Motioned carried by the following voice vote: AYES: Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
9.G SR -RATIFYING AGREEMENT AND APPROVING FIRST AMENDMENT CLEAN SR -RATIFYING AGREEMENT AND APPROVING FIRST AMENDMENT CLEAN.pdf Troy A Spayd, Municipal Services Director/Utilities Engineer, presented this item.
Mayor Pro Tem Christina Villaseñor had a question. Staff addressed it.
Mayor Pro Tem Christina Villaseñor motioned, seconded by Councilmember Carrie Broggie to for the City Council to take the following actions:
1. Ratify the award of the Emergency Public Works Agreement (“Agreement”) with Ferreira Construction Company Inc. (“Ferreira”) for the amount not to exceed $600,000.00; 2. Approve the First Amendment to the Agreement with Ferreira Construction Company Inc. for the continuation of services and the addition of an additional contract amount of $1,887,579.00 for a total not to exceed contract amount of $2,487,579.00; and 3. Approve a cash flow loan from the Water Operating Fund to the Sewer Operating Fund in an amount of $2,000,000.00, with interest at rates commensurate with the average rate of return on the Local Agency Investment Fund (LAIF), and in a form approved by the City Attorney. 4. Appropriate $2,000,000.00 from the Sewer Operating Fund for the Preliminary Phase of the “C” Street Emergency Sewer Repair Project. Motioned carried by the following voice vote: AYES: Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent:
None.
9.H SR – AMENDING FMC 1.09, ARTICLE II
SR – AMENDING FMC 1.09, ARTICLE II.pdf
Kevin McSweeney, Planning and Community Development Director presented this item.
Councilmember Carrie Broggie motioned, seconded by Councilmember Albert Mendez to approve the first reading to introduce Ordinance No. 23-951.
Motioned carried by the following voice vote: AYES: Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
9.I STAFF REPORT - URGENCY ORDINANCE ON SELF-STORAGE FACILITIES STAFF REPORT - URGENCY ORDINANCE ON SELF-STORAGE FACILITIES.pdf Brian McCarthy, Assistant Planning and Community Development Director, presented this item.
Mayor Pro Tem Christina Villaseñor had a question. Councilmember Carrie Broggie had a question. Staff addressed the questions.
Mayor Pro Tem Christina Villaseñor motioned, seconded by Councilmember Carrie Broggie to approve the City Council take the following actions: 1. Waive full reading and adopt by four-fifths vote Interim Urgency Ordinance No. 23- 950, declaring a temporary moratorium prohibiting RV storage and self-serve storage facilities within City limits, as read by title only; 2. Find that Interim Urgency Ordinance No. 23-950 is exempt from CEQA; and 3. Direct staff to study appropriate modifications to the Fillmore Municipal Code to mitigate the conditions outlined in this staff report and Section 2 of the Urgency Ordinance that arise out of developing, maintaining, and expanding RV storage and selfserve storage facilities, including but not limited to the prohibition of all such uses. The Community Development Director is further directed to report back to the City Council with his findings at least 10 days prior to the expiration of this ordinance. Motioned carried by the following voice vote: AYES:
Councilmember Albert Mendez, Councilmember Carrie Broggie, Councilmember Chris Gurrola, Mayor Pro Tem Christina Villaseñor, and Mayor Mark Austin. Absent: None.
10. COMMITTEE, COMMISSION, AND BOARD REPORTS
Councilmember Carrie Broggie added a comment on a CBD meeting and upcoming meetings. Also gave short update on VCTC meeting.
11. CITY MANAGER - CITY MANAGER VERBAL REPORT
David W. Rowlands, City Manager, provided a reminder of the Fireworks Shows to take place on July 3rd around 9:00 p.m. and thanked the City Council for renewal of contract.
12. CLOSED SESSION
12.A CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - THE CITY
COUNCIL WILL CONDUCT A CLOSED SESSION, PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(D)(2) AND (D)(3), BECAUSE THERE IS A SIGNIFICANT EXPOSURE TO LITIGATION IN 3 CASES.
CLOSED SESSION - June 13, 2023.pdf
The closed session meeting recessed @ 9:46 p.m.
The meeting reconvened with no reportable actions taken @ 10:44 p.m.
13. ADJOURNMENT - MAYOR MARK AUSTIN ADJOURNS TO THE NEXT REGULARLY SCHEDULED MEETING AT 6:30 P.M. ON TUESDAY, JULY 11, 2023, CITY HALL, 250 CENTRAL AVENUE, FILLMORE, CA 93015.
The meeting was adjourned @ 10:45 p.m.
Prepared by:
Georgie Gerardo, Executive Assistant