2009-11-09 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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DISCUSSION WITH DEBBIE HECHT REGARDING THE CHARTER AMENDMENT TO SET ASIDE 2% OF PROPERTY TAXES TO ACQUIRE LANDS FOR PUBLIC ACCESS, OPEN SPACE AND THE PRESERVATION OF NATURAL RESOURCES (Ms. Debbie Hecht provided to the Commission a handout that was distributed to the Charter Commission (CC), re: Charter Amendment to set aside 2% of property taxes to acquire lands) Ms. Hecht asked the commissioners if they had any questions regarding the handout that she provided. Ms. Markovich asked if one of the priorities would be for lands that have matching funds available. Ms. Hecht noted that the charter amendment lifted from the existing ordinance and once the public passed it, the ordinance would be replaced and it would go away. Ms. Self added that you can't just do away with the ordinance; the Council would have to decide. If it conflicts you can have both, the ordinance and the code, and wherever it conflicts the Charter would control. The 2% would still be there but if Council wanted to lower it they would not be able to go below. 5%. Ms. Hecht commented that she doesn't feel that it will come back to 2% after they cut the funds and it's so important to leave it at 2% since the voters approved for this and it should only be undone by them. Ms. Hecht asked the Commission if they would be able to send a letter of support to the CC to keep it at 2% and stressed how critical it is since we won't have enough money to get matching funds. Mr. Flores asked if it gets approved by the CC, how would the County proceed if you have this language in the Charter and the same set -up in the ordinance. Ms. Self replied that Finance is currently working on language to present to the CC. Mr. Flores then commented on the proposed change to section 10.13.3(b) regarding vacancies on the Commission. He noted that because the Commission is an advisory to the Mayor, he submits his nominees to the Council for approval; however there is no balance in that by having the Council nominating and approving which overall gives the Mayor no say. Ms. Self added that the way it works is that people apply all year long for regular boards and commissions and every time there's a vacancy they'll pull the forms from a box of applications and if there's no forms for that district they will ask the council member in the respective districts if they know of anyone to nominate. Ms. Hecht disagrees with that process since there were instances where there were qualified people nominated to certain boards and commissions and the Mayor did not appoint them. Mr. Flores then asked that if it gets approved by the CC, there are a lot of language differences that would still be in the ordinance, and wanted to know how does this work. Ms. Self replied that if it conflicts, the Charter would rule since it's a higher body of law than the code. In addition, it's very difficult to make changes to the Charter since it has to go out on the ballots during election whereas the code can be amended with the changing times. -2-