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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