I Don't Remember this Lesson in Civics Class

TO: wjensen@co.slo.ca.us, ahill@co.slo.ca.us, fmecham@co.slo.ca.us, jpatterson@co.slo.ca.us, kachadjian@co.slo.ca.us, bgibson@co.slo.ca.us
DATE: 1/28/10

Dear Supervisors, and County Counsel,

Yesterday I cc'd you on an e-mail (reprinted below) that I sent to SLO County parks planner, Jan Di Leo, where I had to beg her for the staff report for an Item listed on the agenda for tonight's Parks Commission meeting:

"8. Proposal from San Luis Obispo Botanical Gardens – Dave Porter (7:00)"

This morning -- the morning of the meeting -- she finally replied:

- - -
Ron,
That item was continued until February 25, 2010. At this point there is no report. I believe Dave Porter was simply coming to give a report. Our web site has the Parks Commission agenda and staff reports. So, prior to the February meeting (around Feb. 19th) you should be able to down load [sic] the agenda and the report (if there is one).

Jan Di Leo
Parks Planner
SLO County Parks
- - -

I have several questions, and comments, regarding that response.

1) Can an Item posted on an agenda be "continued" even before Board discussion on that Item, and on the same day of the meeting?

[Please keep in mind that I recently published my complaint with the FPPC, at this link:

http://sewerwatch.blogspot.com/2010/01/great-san-los-osobispo-botanical-sewer.html

... asking them to investigate this arrangement:

Where Pandora Nash-Karner is Bruce Gibson's appointment to the SLO County Parks Commission, and she also sits on the Board of Directors for the San Luis Obispo Botanical Garden -- a facility that leases County-owned land, is discussed at Parks Commission meetings, and is also planning a "$20 million" expansion, and, according to their executive director, the one proposal they have received to design the project was from the SWA Group, where Nash-Karner's husband, Gary Karner, was a "Managing Principal and Senior Project Manager for 27 years and is currently retained by SWA."

THEN, just two days ago (read: less than 72 hours ago), I read on the Parks Commission agenda for tonight's meeting:

"Proposal from San Luis Obispo Botanical Gardens – Dave Porter (7:00)"

THEN, I begged Mrs. Di Leo for the staff report, and two days later she replied:

"That item was continued until February 25, 2010. At this point there is no report."

THEN, Mrs. Di Leo writes, "I believe Dave Porter was simply coming to give a report," when the Item clearly says, "Proposal."

THEN, Mrs. Di Leo writes, "Our web site has the Parks Commission... staff reports," when it clearly doesn't. Here's the link:

http://www.slocountyparks.com/information/parkscommission.htm ]

and;

2) Considering that Item 8 wasn't postponed until AFTER I asked for the staff report for that Item (less than 72 hours ago) -- and as of THIS MORNING, the web site that lists the agenda still reads: "Proposal from San Luis Obispo Botanical Gardens – Dave Porter (7:00)" -- shouldn't a staff report still have been prepared, according to the Brown Act?

[By the way, I'll also be adding these possible (and egregious) Brown Act violations to my FPPC complaint.]

Thank you in advance for your prompt replies,
Ron

P.S. Boy, these run-arounds are a lot of work.

- - -

Sent 1/27/10:

Hello Jan,

Yesterday morning I sent you an e-mail requesting the staff report for the following item on this Thursday's Parks Commission meeting agenda:

"Proposal from San Luis Obispo Botanical Gardens – Dave Porter (7:00)"

That was 24 hours ago, and I've yet to receive a response, although you were kind enough to promptly respond to my other e-mails, below, and thank you for that.

That meeting is tomorrow, so PLEASE, is there any way I can get that report today? (And, frankly, I'm a little disappointed that the report isn't linked on the Parks Commission web site, like they are with other SLO County government agencies, like the Planning Commission, and the Supes.)

So, again, please e-mail me the staff report for that item, and the proposal (if available) as soon as possible. And, please don't force me to do a public records request to get that staff report, as those take up to 10 days to fulfill, and the meeting is tomorrow.

Thanks again,
Ron

- - -

Incidentally, from the Parks Commission meeting minutes from December, 2009:

"Proposal from San Luis Obispo Botanical Gardens – Dave Porter. Postponed."

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