HomeMy WebLinkAbout2015-05-13 LEGISLATIVECITY OF SANTA ANA
LEGISLATIVE COUNCIL COMMITTEE
MINUTES
May 13, 2015
CALL TO ORDER
The meeting was called to order at 12:09 pm by Chair Sarmiento at City Hall Ross Annex,
Room 1600.
ATTENDANCE
Members Present: Councilmember Michele Martinez
Mayor Pro Tern Vincent Sarmiento, Chair
Members Absent: None
Staff Present: David Cavazos, Robert Cortez, Eddie Duque, Manny Escamilla, Alma
Flores, Matt Foulkes, Vince Fregoso, Jorge Garcia, Francisco
Gutierrez, Scott Kutner, Mark Lawrence, Fred Mousavipour, Mike
Ortiz, Carlos Rojas and Yasmin Vazquez. Also present were Cori
Williams from Townsend Public Affairs, Leslie Pollner (by phone) and
Dan Maldonado (by phone) from Holland & Knight and Casey Elliot (by
phone) from Townsend Public Affairs.
PUBLIC COMMENTS
Three members of the public were present and did not provide their names. They made no
comments.
AGENDA ITEMS
Approval of Minutes of the February 23, 2015 Meeting.
Approval of the February 23, 2015 minutes was motioned by Councilwoman Michele
Martinez and approved by a vote of 2 to 0.
2. Quarterly Federal Legislative Update from Holland & Knight - Report outlining
legislative advocacy work from January 2015 to March 2015
Leslie Pollner provided a federal legislative advocacy update to the Committee. Most
notably, the City of Santa Ana received provisional approval from ICE on an increase
of the contract per diem rate the City receives from U.S. Immigration and Customs
Enforcement (ICE) for the Santa Ana Jail. Holland and Knight is working through last
minute questions related to guaranteed bed provisions for the lesbian, gay, bisexual,
Legislative Council Committee Minutes
May 13, 2015, Page 1
transgender, and queer unit. Holland and Knight expects a response from ICE and
Homeland Security by the end of the week.
Leslie Pollner reported the City of Santa Ana's allocation of Urban Areas Security
Initiative funds will remain at $5.5 million this fiscal year.
Holland and Knight coordinated a conference call with the Department of Housing
and Urban Development (HUD) regarding the City's approach during the second
round of the Promise Zone application process.
Additionally, the Washington D.C. lobbying trip was cancelled due to a snow storm
that closed federal government offices and will be rescheduled for some time in the
fall.
Mayor Pro Tern Vincent Sarmiento thanked Holland and Knight for their work with ICE
on the Santa Ana Jail per diem increase. City Manager David Cavazos mentioned
the rate increased from $83 per day to $105 per day. He emphasized the City is not
profiting from jail operations and, before the per diem increase, had actually been
subsidizing operations. Mayor Pro Tern Sarmiento clarified the ICE contract pre-
existed the current administration and is revisited periodically.
Councilwoman Michele Martinez thanked Holland and Knight for the update. She
asked for clarification as to whether HUD may be moving in the direction of an Open
Government National Action Plan as it pertains to Community Development Block
Grant (CDBG) funding and affordable housing funding.
Councilwoman Michele Martinez expressed concern regarding the digital divide and
the perceived monopoly by wireless internet service providers within the City. Dan
Maldonado responded that there are divisions within the parties regarding this issue
and Councilwoman Martinez asked for continued monitoring.
Leslie Pollner reported the probable need for an extension of the Highway Trust Fund
as the current authorization is expiring on May 31, 2015. Several temporary options
are being considered by Congress. Questions remain as to how long the next
reauthorization will extend the solvency of the Fund.
Leslie Pollner mentioned the federal appropriation process has begun. There is
concern over funding levels. Dan Maldonado commented Congress agreed to a joint
House - Senate budget resolution. The budget resolution maintains the automatic
spending cuts under sequestration and reflects caps on discretionary spending.
In regards to immigrations, Leslie Pollner remarked that the implementation of the
Deferred Action for Parents of Americans and Lawful Permanent Residents Program
as well as the expanded rules under the existing Deferred Action for Childhood
Arrivals Program have been postponed indefinitely until a resolution can be reached
in court.
Leslie Pollner mentioned she expects the COPS solicitation to open soon. She
added that the Body -Worn Camera solicitation is open and Holland & Knight will be
working closely with the City on this application.
Legislative Council Committee Minutes
May 13, 2015, Page 2
Mayor Pro Tern Vincent Sarmiento highlighted that affordable housing is an area of
interest for the City. Dan Maldonado asked for a briefing on types of housing projects
the City is interested in or has been working on. Councilwoman Michele Martinez
added that housing for homeless is also an area of interest for the City. Dan
Maldonado asked whether the homeless population included many veterans, as
funding is available for that demographic. Chief Carlos Rojas confirmed there are.
3. Quarterly State Legislative Update from Townsend Public Affairs — Report
outlining legislative advocacy work from January 2015 to March 2015
Casey Elliot provided a state legislative advocacy update to the Committee. Casey
mentioned Townsend Public Affairs continues to provide state budget advocacy. A
budget revision will be released in the middle of May. In the first quarter, budget
advocacy efforts revolved around redevelopment dissolution and the Governor's
funding toward drought related efforts.
Cori Williams reported Townsend Public Affairs was successful with two partnership
grants the City was involved in. America on Track and Awards for Innovation in
Higher Education both received substantial funding. Additionally, the second cycle of
the Active Transportation Program grant has begun. The City was successful in the
previous round of funding. The City is only one of three areas listed as a
disadvantaged community in Orange County which gives Santa Ana a significant
advantage in the current cycle. The application is due June 1, 2015.
Casey Elliot mentioned many bills were passed during the first part of the legislative
session. The City is backing Speaker Toni Atkins package of bills supporting
affordable housing. The City supported Senator Jim Beall's transportation bill which
establishes the Road Maintenance and Rehabilitation Program and Senator Bill
Monning's bill requiring a safety warning on all sealed, sugar- sweetened beverage
containers.
Casey Elliot commented on the adoption of Governor Jerry Brown's Executive Order
directing the State Water Resources Control Board to implement a 25% mandatory
water usage reduction throughout California. Additional provisions mandate an
initiative to replace turf with drought - tolerant landscaping in partnership with local
governments. Regulations provide the State Water Resources Control Board several
enforcement tools including the ability to levy fines against those not meeting
conservations targets. Regulations will take effect on June 1, 2015.
Councilwoman Michele Martinez asked regarding the availability of funds for
municipalities to comply with the mandated turf removal from medians. Casey Elliot
responded the Executive Order did not make any provisions for funding but it is
expected that funds will be made available in the May revision of the State budget.
Councilwoman Michele Martinez mentioned the Metropolitan Water District will be
proposing the addition of $150 million in funding for turf removal and /or replacement
but even with additional funds the demand will not be met. She sees a need for the
State to match funding given that municipalities do not have funding allocated in their
budgets to comply with the turf removal /replacement mandate. The Councilwoman
asked Townsend Public Affairs to inform the City should additional funding become
available.
Legislative Council Committee Minutes
May 13, 2015, Page 3
Mayor Pro Tern Vincent Sarmiento asked whether there had been any discussion in
the Governor's office regarding subsidies for desalination of water. Casey Elliot
responded Governor Jerry Brown's office has been considering desalinization as part
of the implementation of the Proposition 1 water recycling component but there have
been no discussions about additional funding for desalinization.
Mayor Pro Tern Vincent Sarmiento asked for additional information regarding Senator
Tony Mendoza's proposed bill allowing counties which have more than 2 million
residents to increase the number of seats on their boards of supervisors. Mayor Pro
Tern Sarmiento also inquired about Assemblymember Tom Daly's proposed bill
regarding the school facilities fee. Casey Elliot responded Senator Tony Mendoza's
measure was introduced as a constitutional amendment in the middle of May
expanding the number of board of supervisor seats for charter counties larger than 2
million to seven or more seats after the 2020 census. The measure will need a two -
thirds vote in both Houses to be placed on the 2016 ballot. Casey Elliot commented
he will provide Mayor Pro Tern Sarmiento information on Assemblymember Tom
Daly's proposed school facilities fee bill and Mayor Pro Tern asked Townsend Public
Affairs to include the bill in their legislative monitoring.
4. League of California Cities Briefing, January 2015 to March 2015
Tony Cardenas was not present to provide an update. Mark Lawrence noted a
handout was provided which highlights bills of interest to the League.
5. Review and Recommend Approval of 2015 Legislative Platform
City Manager David Cavazos reviewed the items on the Legislative Platform that are
new for 2015: Immigration Reform, Homeless, Veterans, Body Cameras, Safe
Mobility, Gangs, Domestic Violence, Promise Zone, Affordable Housing, Enhanced
Infrastructure Financing Districts, Goods Movement and Mobility, Sales Tax,
Renewable Energy Grants, Receivership Actions, Water Conservation, Santa Ana
Regional Transportation Center, Automated Meter Infrastructure, Replacement Water
Wells, and the Reclaimed Water System Master Plan.
Councilwoman Michele Martinez expressed interest in the City seeking funding for an
open data platform. The City received over 600 public records requests in 2014. An
open data platform would allow the public to search City records on their own,
reducing staff time used to research requests and increasing efficiencies.
Councilwoman Michele Martinez would also like the City to seek funding for first and
last mile connections for the Santa Ana Regional Transportation Center and the
infrastructure surrounding those connections.
Mayor Pro Tern Vincent Sarmiento suggested prioritizing Legislative Platform items
and aligning the prioritization with the federal government's priorities. His top
priorities include affordable housing and economic development (particularly
attracting and retaining businesses).
Mayor Pro Tem Vincent Sarmiento also commented on the Medical Marijuana item in
the Community Safety section, noting the City has moved beyond enforcement issues
to operational concerns and understanding the dynamics of a new industry. He
Legislative Council Committee Minutes
May 13, 2015, Page 4
asked the section be reworded to reflect the shift. He mentioned the Platform will be
ready to be presented to Council after those changes are made.
6. Discuss Senate Bill 7
In response to Councilwoman Michele Martinez's concern regarding loss of local
control, Assistant to the City Manager Mark Lawrence provided a high level update on
Senate Bill 7 as it relates to the City of Santa Ana. Beginning in January 2015, the
City has been in compliance with the bill allowing the City to continue to receive state
funding and to be eligible for funding opportunities such as Cap- and -Trade and
Proposition 1 Water Bond funds for infrastructure, Active Transportation Program
funding, Sustainable Transportation Planning Grant funding, Sustainable
Communities funding, Park Bond funding, and Education Bond funding. Although
local control is lost, the City benefits from funding opportunities, which for fiscal year
2013 -2014, were over $45 million in state grants. The impact is projected as a $1.8
million total increase to the City's reoccurring contracts.
Councilwoman Michele Martinez agreed the City benefits from complying and would
like to ensure that within the RFP process the City's Local Preference Ordinance is
followed. She mentioned this is where the City has local control and would like to see
City funds reinvested in the community. City Manager David Cavazos asked staff to
report to the Committee on the ordinance and its effectiveness. Mayor Pro Tern
commented that investing in local businesses has a multiplier effect and circulates
funds through the community.
ICE Agreement Update
City Manager David Cavazos reiterated the City is not profiting from jail operations
and noted the City had been subsidizing jail operations for many years. The City
Manager thanked the City Council, staff and Police Chief Carlos Rojas for their efforts
in securing the per diem increase. Mayor Pro Tern Sarmiento asked for clarification
as to whether the City notifies ICE regarding detainees' immigration status. City
Manager David Cavazos responded Santa Ana Police Department arrestees are
processed through the Orange County Jail and, based on the crime, are transferred
to the appropriate facility. Persons held by the federal government are outside the
Santa Ana Police Department's chain of custody. Occasionally, someone may be
arrested and transferred to the Santa Ana Jail but it is not a result of a direct booking.
Committee Member Comments
No comments from Committee members.
Future Agenda Items
Local Preference Ordinance
Legislative Council Committee Minutes
May 13, 2015, Page 5
ADJOURNMENT
Meeting was adjourned at 1:20 pm.
Yasmi, Vazquez
Executive AssistaQ
City Manager's OfU
Legislative Council Committee Minutes
May 13, 2015, Page 6