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MAYOR <br />Miguel A. Pulido <br />MAYOR PRO TEM <br />Claudia C. Alvarez <br />COUNCIL MEMBERS <br />P. David Benavides <br />Carlos Bustamante <br />Michele Martinez <br />Vincent F. Sarmiento <br />Sal Tinajero <br />August 16, 2010 <br />The Honorable Kim Dunning <br />Presiding Judge of the Superior Court <br />700 Civic Center Drive West <br />Santa Ana, CA 92701 <br />Dear Judge Dunning: <br />A , <br />CITY MANAGER <br />David N. Ream <br />CITY ATTORNEY <br />Joseph W. Fletcher <br />CLERK OF THE COUNCIL <br />Maria D. Huizar <br />This letter is in response to the 2009-2010 Orange County Grand Jury Report entitled "Santa <br />Ana Street Car Project." The City Council approved the content of this letter and the responses <br />at their August 16, 2010 meeting and directed me to convey them on its behalf. Below are the <br />Mayor's and City Council's responses to Findings F-1 through F-5 and Recommendations R-1 <br />through R-5 as required by the report. <br />POTENTIAL CONFLICT OF INTEREST/BIAS OF A GRAND JURY MEMBER <br />As a preliminary matter, the City Council wishes to raise the issue of potential conflict of interest <br />on the part of one member of the grand jury whose presence and participation may have tainted <br />the entire report. That member has been an active civic participant in Santa Ana for many years. <br />He was serving as a city commissioner at the time this investigation began and was removed <br />from his position by the City Council in October 2009 for reasons unrelated to this investigation <br />or his membership on the Grand Jury. We believe that these along with other facts are sufficient <br />grounds for the subject member to have been required to abstain from any participation in this <br />investigation. <br />Many California grand juries have adopted formal rules and procedures for conducting their <br />investigations and several include standards for abstention. Among the counties that have posted <br />their grand jury procedures on their websites are: Humboldt, Imperial, Mariposa, Mendocino and <br />Modoc Counties. At least two of these counties also rely upon the Grand Jury Resource Manual <br />for California Courts-Model Guide for Civil Grand Jurors-2005 (the "Model Guide"). Under <br />separate cover, the City staff has provided copies of these manuals for your review. <br />All of the guides in one way or another require a grand juror to abstain from participating in or <br />influencing an investigation in which he/she is biased or otherwise has a conflict of interest. The <br />Orange County website does not contain any reference to rules for abstention. The City Attorney <br />20 CIVIC CENTER PLAZA • P.O. BOX 1988 IgVNI CALIFORNIA 92702 TELEPHON <br />FAX E (714) 647-6900