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November 27, 2001 Regular

 

 

 


SUNSHINE ORDINANCE TASK FORCE

MINUTES

Tuesday, November 27, 2001
4:00 p.m.
City Hall, Room 408

Task Force Members

Seat 1                    Joshua Koltun                              
Seat 2                    Bruce Brugmann                    
Seat 3                    Vince Courtney                              
Seat 4                    Marie Harrison                              
Seat 5                    Vacant                                        
Seat 6                    Hilda Bernstein                              
Seat 7                    Ted Kowalczuk
Seat 8                    Robert Planthold
Seat 9                    Daniel Guillory
Seat 10          Paul Hogan
Seat 11          Marjorie Ann Williams
Ex-officio          Vacant
Ex-officio          Hala Hijazi          

(All motions adopted unanimously except as noted. First name indicates initiator of motion; second name indicates seconder of motion.)

Roll Call:          Present: Koltun, Brugmann, Harrison, Bernstein, Kowalczuk, Guillory, Hogan, Williams.
                    Absent: Courtney, Planthold                    

1. Approval of minutes of October 23, 2001. (Guillory/Hogan) (Courtney; Planthold absent)

3. Report from Chair. No report

4. Restatement of the Jerry McDonald Order of Determination.

Mr. Jerry McDonald filed a complaint against the City Planning Department and Commission for alleged violations of the Sunshine Ordinance. Mr. McDonald alleged that the Planning Department issued erroneous information when it issued notices regarding a certain building application for the property located at 176 Clipper Street.

The Complaint Committee of the Sunshine Ordinance Task Force conducted a Jurisdictional Hearing regarding Mr. McDonald’s complaint. At the conclusion of the hearing the Committee found jurisdiction for alleged violations of public notice requirements and the public meeting requirements of the Sunshine Ordinance.

Mr. McDonald alleges and Mr. Gerald Green concedes that City Planning did not reissue the building application and the corrected building plans with the corrected dimensions of the McDonald house during the notice process for Discretionary Review. The neighbors within the 150 feet of the proposed project did not receive the corrected plans. The failure to provide notice is a violation of Section 67.7-1 of the Sunshine Ordinance.

Mrs. McDonald alleges that she was told by a City Planner that she would not be able to speak at the Planning Commission for the full time allotted speakers because she was the spouse of the petitioner for Discretionary Review.

Motion adopted clarifying the motions that were adopted in the Order of Determination dated October 23, 2001. (Koltun/Hogan) (Courtney, Planthold absent) (The vote on the motion of October 23, 2001 stands.)
          
"By virtue of the conceded fact the corrected plans were not sent to all of the neighbors within 150 feet surrounding the proposed project, there was a violation of the Sunshine Ordinance."

"Because the Planning Department violated the Sunshine Ordinance by not providing adequate notice in the Discretionary Review Hearing Process, the Task Force therefore urges the Planning Department to re-institute the notice and Discretionary Review hearing process in this matter, which would be in conformity with the Sunshine Ordinance."
          
2. Public hearing, Mission Girls Service Committee complaint against the YWCA for alleged violation of Section 12L of the Administrative Code.

Speaking on behalf of the complaint were:
Valerie Tulier, Mission Girls Services Committee of Management, regarding correctly noticed public meetings; number of public meetings; security at meeting, budget distribution; lost funding; dismissal of Board members; racism
          Tracy Brown, formerly with YWCA regarding loss of funding
Female speaker, formerly with YWCA regarding not being allowed to speak
          Valentina Sedeno, formerly with YWCA regarding being discharged
Male speaker, volunteer, regarding funding, and budget items, lack of public comment, not allowed to enter meeting

Speaking on behalf of YWCA were:
Michele Stratton, Board Member, YWCA, regarding issues addressed by the Mission Girls Services Committee of Management

Member Harrison left the meeting at this time.

Motion adopted that during the past year the Task Force had jurisdiction over the YWCA; during the past year the YWCA received over $250,000, and pursuant to Administrative Code 12L failed to hold the two required public hearings as required by funding received in fiscal year 2000. (Koltun/Kowalczuk) (Planthold, Harrison, Courtney absent)

Motion adopted that because there was a violation of Section 12 L for fiscal year 2000, the Sunshine Ordinance Task Force will communicate this Order of Determination to the funding agencies for the YWCA; because of the violation, the community was not adequately able to monitor the funding and requests the funding agencies to undertake a thorough investigation of the city funding and allocations to the YWCA. (Hogan/Koltun) (Planthold, Harrison, Courtney absent)

9. Public comment

June Quan, currently on Board of YWCA, regarding willingness of Y to take on tough situations.

Cathy Garza regarding meeting of YWCA; closed session meeting; funding.

6. Report from Supervisor of Public Records (City Attorney) Annual review and report.

Paul Zarefsky, Deputy City Attorney, submitted report from the Supervisor of Public Records.

Member Hijazi left the meeting at this time.

5. Statement that the Sunshine Ordinance Task Force has not filed any complaints against Bruce Brugmann, or any other member of the Sunshine Ordinance Task Force.

Motion adopted that the Sunshine Ordinance Task Force, nor Chair Hilda Bernstein, has filed any complaints against Bruce Brugmann, or any other member of the Sunshine Ordinance Task Force. (Guillory/Koltun) (Planthold, Harrison, Courtney absent)


7. Report from Public Education and Information Committee.

Chair Daniel Guillory presented report of Committee

· Report from meeting of November 6, 2001
· Recommendation to accept Volunteer Community Liaison optimal job qualifications.

8. Report from Administrator.

Administrator Donna Hall presented monthly report.

Adjournment: The meeting adjourned at 6:00 p.m.

Donna L. Hall, Administrator

* The 11/27/01 Sunshine Ordinance Task Force meeting has been recorded and is on file in the Sunshine Ordinance Task Force Office.

Last updated: 8/18/2009 1:57:05 PM