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codes regarding campaign contribution - what defines a violation, and what <br />remedies, if any, exist. <br />Agency member Sarmiento opined that City regulations on campaign <br />contributions are confusing - lack clarity and remedy; revote would cause more <br />harm than good and expose City to potential litigation. Project is a good project <br />that will offer opportunities for residents —provide low income housing, public <br />transportation; affordable rental units, open space, provide for dignified housing; <br />and a community center; stalling project will be jeopardized with revote and <br />statute of limitations will be created; democracy established on checks and <br />balances; need to move forward as project stands. He would not support the <br />motion. <br />Agency member Bustamante inquired about the constitutionality of the Charter <br />section that prevents members from voting because of campaign contributions. <br />Mr. Dorsey indicated that in some cases Courts have held that campaign <br />contributions cannot give given rise to direct conflicts of interests, but none have <br />addresses a local ordinance such as here. <br />Mr. Fletcher said that cases in question pre -date the City's Charter provision and <br />that they are regarding public hearings where developers made a contribution <br />that would not disqualify member from voting — fundamental first amendment <br />rights. He stated that because of such cases Santa Ana's provisions should be <br />narrowly interpreted the provisions so as to maximize and protect first <br />amendment rights and minimize impairment on functions of the council; need <br />regulations clarified on campaign contributions. <br />Agency member Benavides said that project is sought after by the community <br />and intent of motion is to clear votes. <br />Executive Director Cindy Nelson indicated that affordable housing would be in <br />jeopardy if item re -voted; community center is on school district property and not <br />part of the developer's responsibility; preliminary steps on design and approvals <br />by the Agency are forthcoming; open space (park) would require additional <br />acquisitions; child care located in rental portion of the project would also be <br />jeopardized; development projects include: affordable housing units, rental <br />homes; open space, child care, community room, and retail center. <br />Chair Bustamante called for the question. <br />MOTION: Consider rescission of the Disposition and Development <br />Agreement with Santa Ana Station District LLC (Developer), subject to <br />Developer's consent, and re -submittal of the Disposition and Development <br />Agreement for Agency Board approval at a future date. <br />MOTION: Tinajero SECOND: Benavides <br />*Motion failed 2-2 vote (Bustamante and Sarmiento dissented). <br />CRA MINUTES 44 OCTOBER4, 2010 <br />