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CDCC Minutes, January 10, 2005

Call to Order:

Chairperson Jaramillo called the meeting to order at 6:40 PM.

  1. Roll Call

    Members Present:

    Jo Ann Brannock, Ph.D.
    Robert Elliott
    Kitty Jaramillo
    Denise Jensen-Purser
    Barbara J. Leon
    Judy Givens

    Members Absent:

    Irene Moreno-Sandy

    Staff Present:

    Linda R. Morad, Housing Programs Supervisor
    Sylvia M. Chavez, Housing Programs Assistant
    Guillermina Torrico, Clerical Assistant III

  2. APPROVAL OF MINUTES

    MOTION was made by Committee Member Elliott, seconded by Committee Member Jensen-Purser, and CARRIED by members present to approve the Minutes of June 21, 2004 as written.

  3. New Procedure for City Committees/Commissions

    Ms. Morad informed the Committee that Beverley White, City Clerk, was scheduled to come speak about this topic and was unable to make it.

    She stated that City Council will now like to appoint and have direct connection with the Committee members. She distributed:

    • Ordinance No. 3057 (Pertaining to Conditions Governing Commission Appointments and Office) which was passed by City Council on October 5, 2004.

    • Summary of the Lot Drawing to be held.

    She explained the Lot Drawing as follows: Members will draw from a box which will have two At large cards and cards with #s 1-5 which are the numbers assigned to each of the Council Members based on their Seniority.

    Normally, the Committee has nine members which are voted on by areas: Two members from each of four areas plus one member which is a Chamber Representative. There is one vacancy (the position held by John Strub) and will be pending reassignment until the determination of this process. Ms. Morad, did however communicate to the City Clerk how difficult it would be for one member to come into the group in the middle of the process.

    She stated that this drawing will result in five CDCC Members being connected with a Council Member.

    Committee Member Elliott asked Ms. Morad to clarify what she meant by connection.

    Ms. Morad stated that staff does not have real clarity or direction as to what that entails. She indicated that at a conversation with the City Clerk on January 10, 2005, she was told that it will be at the discretion of the City Council Member and would depend on each CDCC member and Councilmember. No clear definition as to how much connection or correspondence will be going on between the two was given. She assured the Committee that as staff receives more information and clarity, it would be passed along to the Committee.

    She explained that all CDCC members will continue their terms and eventually their term will be aligned with the time that the Councilmember serves, which may technically increase the current term limits for CDCC members.

    She gave the instructions below and proceeded with the lot drawing:

    • Since Committee Member Brannock is currently the Chamber Representative she would abstain from the drawing.

    • Each member was to draw a card with a number or at large out of the box that would be hand carried by Committee Member Brannock.

    • All members would draw in alphabetical order, with Committee Member Moreno-Sandy being the last to draw.

    - Due to Committee Member Moreno-Sandys absence, there would be one last card remaining in the box and it would be assigned to her.

    The drawing was performed and the results were as follows:

    Community Development Citizens Committee Member

    Council Member Drawn

    Bambrook, Barbara At Large
    Elliott, Robert #5 - Council Member Sharon Quirk
    Givens, Judy #2 - Council Member Richard Jones
    Jaramillo, Kitty #4 - Mayor Pro Tem Leland Wilson
    Jensen-Purser, Denise At Large
    Leon, Barbara Jo #3 - Mayor Shawn Nelson
    Moreno-Sandy, Irene #1 - Council Member Don Bankhead

    Ms. Morad informed the Committee that the results would be communicated to the City Clerk.

    Committee Member Elliott asked if this topic was still open for discussion and Ms. Morad advised that it could be discussed and everything in the minutes would also be communicated to the City Clerks office.

    Discussion:

    Committee Member Elliott opened up the discussion by stating that he valued the CDCCs independence where applicants would come in and the CDCC would research, evaluate and make the recommendation to City Council. However, in his mind, these changes would severely hamper the CDCCs independence because he fears that they will not be 50/50 conversations and believes that Council will direct members as to how to vote. He does not believe HUD would like this process since they encourage the committee to be independent.

    Committee Member Elliott expressed that City Council offered no explanation for this change.

    Ms. Morad offered that this might bring better communication and that Councils views should not affect the CDCCs voting power. Council wants to know that if there is an issue, they will be made aware of it on a one-on-one basis and will be sent messages.

    Committee Member Jensen-Purser explained that for now, the CDCC will be attached until their term expires. In the future, the Council will interview and pick the new CDCC member. So only right now, is the CDCC being backwards attached.

    Ms. Morad explained that the selection would be a two step process. The applicant would be rated by the Applicant Review Board and thereafter, the City Council will have an open session where all applicants will be interviewed in front of an audience in the same room, all at the same time.

    Committee Members Leon and Elliott thought this issue was set aside and Committee Member Elliott also believed that last year as a group it was decided against unanimously and apparently Council did not care.

    Committee Member Jensen-Purser said that it was decided at a public meeting.

    Committee Member Elliott asked how as members they can expect City Council to accept their recommendations in other things since when they voted unanimously on this one subject, they simply ignored the Committee without having any type of discussion.

    Committee Member Elliott understands that the Committee does the research for what City Council does not have the time to do and so that they can better inform City Council.

    Chairperson Jaramillo told the Committee that they need to look at this another way. She asked that they look at themselves as being a liaison to the City Council and there to provide insight and inform them when they do have questions. She thought it was important to have this mentality and to see this as not stopping members from having their own views or opinions rather to continue to vote on what they as individuals think is best for the city and make those recommendations. Then at that point, should Council wish to change them, then so be it.

    Committee Member Brannock stated that she believed the reason why members are so upset is that City Council did not even have a representative come in and present their case to the Committee before they made their decision. She voiced concern for instances happening like the one that happened where a Council Member selected Pat Hart to serve on the Planning Commission and he is in real estate. Her concern is in having them appoint people with conflict of interest issues because even though it will be a two step process, eventually Council will appoint those that they want to appoint.

    Committee Member Bambrook asked if through the interviewing process City Council finds that there is no candidate to select, will they then appoint someone of their liking without going through the process.

    Committee Member Bambrook argued that she does not think they will be representing City Council but will still be independent and maybe have better communication. She pointed out that since it is already a done deal, members should now just accept it and make the best of it to make it work. She recommended that they just move on since they have no power to change anything.

    Ms. Morad explained that there were two Council Members who usually did the interviews because they were during the day; but now, all of the Council Members will listen to all the candidates.

    Committee Member Bambrook proposed that this process might help prevent what happened at Planning Commission since there is a lot of bitterness within the community because of that incident.

    Committee Member Elliott acknowledged that he can agree with the Council Members listening to the applicants and selecting them but does not like one Council Member being attached or tied to them.

    Ms. Morad stated that this city does not have districts and Committee Member Elliott argued that there are areas but members were not tied to the areas. He reiterated that CDCC Members are now going to be tied to a Council Member who is representing their thought of the city.

    Chairperson Jaramillo agreed, but said that unfortunately, all committees across the board are being subjected to this process. She explained that this is how it is done in the City of Santa Ana where she works and that Fullerton was different, but now it will be the same. She did agree that it is possible for Council to bring their friends in if they have them apply and Council ratifies to have that person chosen. However, she noted that it is now out in the open and at least before if these things did happen, they were more subtle.

    Committee Member Elliott expressed concern that CDCC Members will now feel obligated to the Councilmember that they are attached to and this will definitely affect the mindset. He was firm on his discontent that this Committee did not get a reason for this change other than the fact that Council wants to control Committees.

    Chairperson Jaramillo agreed, but stated however, that this new process will be affecting all committees and therefore, the battle cannot continue to be fought for this one CDBG committee. She stated that it was passed, voted on, and at this point members should just accept it and move forward.

    Committee Member Elliott expressed his disappointment in that there was no discussion between the Council and committee at all.

    Committee Member Jensen-Purser reminded the members that they did have the opportunity to attend public hearings.

    Chairperson Jaramillo and Committee Member Bambrook pointed out that a lot of people did in fact attend these hearings and were adamantly against it. However, in spite of this, it passed.

    Committee Member Elliott stated that it should have mattered because it was a reflection of the people in the city.

  4. 2005 SCHEDULE

    Ms. Morad reviewed the proposed schedule for CDCC meetings as follows:

    Monday, 01/10/05 Public Hearing: Review of CDBG Guidelines, Schedules, 2003-04 CAPER, 5-Year Consolidated Plan (2005/06 2009/10)
    Monday, 01/24/05Review of Non-Profit Requests
    Monday, 02/7/05 Presentation by Non-Profit Agencies
    Wednesday, 02/9/05 Presentation by Non-Profit Agencies
    Monday, 02/28/05 Review of City Department Requests
    Monday, 03/14/05 Presentations by City Departments
    Monday, 03/28/05 Committee Recommendations
    Wednesday, 03/30/05 Committee Recommendations IF NEEDED
    Tuesday, 05/03/05 Presentation of Committee Recommendations to City Council, City Council Chambers

    She stated that all of the meetings would take place at Hunt Branch library with the exception of the presentation to Council which will be held at City Hall Council Chambers. Ms. Morad asked the Committee to either accept the proposed schedule or to provide any necessary changes.

    A MOTION was made by Committee Member Jensen-Purser to accept the proposed schedule, the motion was seconded by Committee Member Bambrook, and CARRIED by members present to approve the meeting schedule for 2005 CDCC meetings as written.

  5. ELECTION OF OFFICERS

    Ms. Morad advised that the current Chairperson is Kitty Jaramillo and the Vice-Chair is Robert Elliott.

    Chairperson Jaramillo opened up the floor for nominations.

    Committee Member Brannock MOVED to nominate Chairperson Jaramillo for re-election. The motion was seconded by Committee Member Givens and CARRIED unanimously.

    Chairperson Jaramillo MOVED to nominate Committee Member Bambrook. The MOTION was seconded by Committee Member Givens and CARRIED unanimously.

    A MOTION was made by Committee Member Jensen-Purser to close nominations and vote on those nominated, the motion was seconded by Committee Member Givens, and CARRIED by members present to vote on those nominated with highest votes selecting the Chairperson and the second highest to select the Vice-Chair.

    All members present cast their votes. The Committee voted 5-2 to elect for Committee Member Jaramillo as Chairperson and Committee Member Bambrook as Vice-Chair.

  6. PUBLIC HEARING

    Chairperson Jaramillo opened up the Public Hearing.

    Ms. Morad provided the amount of funding expected this year (Still unofficial and based on whats posted on HUDs website.)

    • CDBG = $1,736,652 which is $94,248 less than what the City received last year.

    • HOME = $795,227, which is $40,000 less than what the City received last year.

    • ADDI (American Dream Downpayment Initiative) = Last year, $50, 636 which was turned down.

    Program had same requirements as the HOME program. With current Fullerton housing market, the project would not work. Funds went elsewhere within California.

    Chairperson Jaramillo asked if HUD was running into this problem frequently. Ms. Morad explained that other larger jurisdictions like the county can combine these funds with others. Ms. Morad explained that based on staff calculations, to help a household the City would have to assist with $100,000 per household and HUD was only giving $50,636 for the entire program.

    Ms. Morad reviewed the following:

    Guidelines and Regulations of the CDBG

    • Lead-based Paint

    • If an agency has a facility (i.e., shelter, area for small children, housing) the City needs to make sure that there is no lead-based paint hazard (paint chipping, peeling, cracking). Therefore, if a rehab project is done, certain procedures need to be taken to remove the hazard. If an agency offers a public service activity, there cannot be lead-based hazard in the facility where service is provided.

    • Davis Bacon Regulations

    • These are applicable to non-profit agencies requesting funds to do construction. Laborers would have to be paid prevailing wages.

    • Caps or Limiting Maximum Amounts of Funding.

      - No more than 15% of the allocation for the year can go to Public Service activities Federal Regulation.

      - 40% of the allocation to go to infrastructure City Council Request.

      The repayment of the Section 108 loan will meet this requirement.

    2003-04 CAPER (Consolidated Annual Performance and Evaluation Report)

    Ms. Morad advised that copies of these reports were available at this meeting. She explained that these reports inform HUD where the CDBG funds went during the year, which projects were completed, and the number of people assisted with projects and programs. She provided a HUD-generated report that gave an overall view of amounts spent and those available.

    2005-06 One-Year Action Plan (Required by HUD)

    Ms. Morad distributed a CDBG map showing all of the eligible CDBG areas where 51% or more of the residents are considered to be low income. She stated that these CDBG areas are based on the 2000 census and these numbers were submitted to City Staff in 2003.

    Ms. Morad advised that approximately 16 non-profit applications were received and City staff will review and provide to the Committee at the next meeting.

    5-Year Plan (Required by HUD)

    Ms. Morad advised that this report communicates the needs of the community. She indicated that it is important that staff get input from non-profits and other interested groups to help staff accurately communicate the Citys needs. The needs will be discussed in the 5-Year Consolidated Plan and the One-Year Action Plan will talk about how these needs are being addressed.

    Ms. Morad distributed a survey where she is requesting input from agencies and interested parties to assess where they feel or think these needs fall. The City Council will also have a copy to show the results of the survey. She pointed out a place for comments within the survey and advised that all comments in the survey will be included in the Consolidated Plan.

    Ms. Morad reviewed the reports and stated that every project that is approved has their own page in the book where it describes the program, location, and people being assisted.

    She reiterated that HUD is looking at performance to make sure that what is reported in this Plan is actually taking place. When it does not, HUD requires an explanation.

    Chairperson Jaramillo closed the Public Hearing at 7:36pm and opened it up for Public Comment.

    There were no public comments on this agenda topic.

    Chairperson Jaramillo opened it up for discussion amongst the committee.

    Committee Member Jensen-Purser asked if any non-profit from last year had not performed and Ms. Morad indicated that all are performing and thus far, submitting quarterly reports on time.

    Ms. Morad offered to bring in summary of what each non-profits goals are and how close they are to meeting those.

  7. SECTION 108 PROJECT UPDATE

    Ms. Morad reported on the $7.5 million received for the Section 108 project to make infrastructure improvements in the Richman Park Area. She indicated that the project is currently in the conceptual design plan phase with the exception of Richman Park, whose design will be done separately.

    She also gave an update on the following:

    • Traffic signal project at Valencia/Highland construction to begin at end of February.

    • Civic Center Barrio Project (3 parcels) project is to go out to bid. Ms. Chavez is currently working on it. Expected to go out to bid within a month.

    Chairperson Jaramillo verified with Ms. Morad that the funds used to demolish the Civic Center Barrio project were not Section 108 funds. Ms. Morad did confirm that Section 108 funds did not include housing projects and was strictly limited to infrastructure.

    Ms. Morad closed by stating that Engineering City Staff will come to a CDCC meeting to present a conceptual plan and provide a more thorough update on this project.

    There was further discussion which included questions regarding plans for parking structures to help with parking problems on the street. Ms. Morad replied that there are no plans to build a parking structure at this time and the plans are to build for-sale units. Ms. Morad informed the Committee that the property owner for the parcel on the cut-through street has been contacted. It was also clarified that the parallel parking design was amended after determination that this design would make it too dangerous for cars to pull out of the street.

  8. PUBLIC COMMENT

    Chuck Carey with Orangethorpe United Methodist Church spoke on their neighborhood and their work with children. He expressed that their organization has reached out to families in the immediate area because many of the families do not have the resources to help their children succeed in school.

    He stated that this would be their third year applying for CDBG funds. He expressed his observation that the City does not pay much attention to this part of the city and would thus like to make the City aware of the great need in that area. He described the area between Gilbert and Magnolia as a heavily populated area with many apartment complexes, with a large number of Code Enforcement issues, traffic issues, and an area with a lack of community service centers and park and recreation programs.

    Mr. Carey explained that city libraries, including this Hunt library are definitely too far for the residents in that area to access. Based on the great need, he sought the book mobile service years ago and was turned down. He informed the Committee that many people in that area do not have transportation and it makes it impossible, in addition to the heavily traffic streets, for people to come to the library.

    Committee Member Jaramillo asked who he had spoken to in regards to the book mobile but Mr. Carey did not recall the persons name.

    Mr. Carey informed the Committee that this year they are submitting an additional request for a Youth in Action Program which is separate from the learning center. He explained that 25-30 High School level kids would meet once a week and take part in many community improvement projects.

    Mr. Carey stated that he has long had the opinion that this area is forgotten by the City. He stated that in two years ago, this is the only organization from that part of town.

    Committee Member Brannock explained that proposals have to come forward. She suggested contacting other agencies that might help and already have grant writers in place so that it would not require starting from scratch.

  9. Non-Agenda Items

    Committee Member Leon informed the Committee and the attending public of an upcoming meeting regarding a proposal to build in the Laguna Lake area. The meeting will take place on Tuesday, January 11, 2005.

  10. ADJOURNMENT

    Chairperson Jaramillo adjourned the meeting at 7:52 PM.

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