An email to Mr. Okamura & Mr. Root after the 6/2/09 Study Group & the response

[Steve Kline]

Sent: Thursday, June 04, 2009 11:46 PM


Dear Mr. Okamura,

First let me thank you for the Tuesday Study Group Meeting. It was a
rich experience of listening. We know that emotions are very high on
this issues. We are working hard to build a new relationship. The
Community has a responsibility to express its ideas and concerns
directly to the Board and to make sure that the Board hears its
voice. Certainly with Chancellor Perez' two announcements at the
meeting (i.e the neighborhood outreach and the project spreadsheet),
we look forward to improvements.

My notes indicates that during the Consultant's Presentation, he said
that on June 9th the Board would take some action on the DSEIR which
would lead to a public hearing and final decision being made at the
July meeting. At the conclusion of the meeting, without a formal
motion, the Board directed the Consultant and staff to set out various
options and to do a cost analysis of each of those options. Nothing
specific at that time was said with regard to the Consultant's
earlier statements concerning the June and July timetable.

Randi Kinman & I then spoke with you and Mr. Root after the end of
the meeting and both you and Mr. Root confirmed to me and Randi Kinman
that the June 9, 2009 meeting will not have any action items on the
DSEIR and that if they were on a pre-printed agenda, they would be
pulled. Thus we have the understanding that no action on the DSEIR
would move forward until such time as the options and heir costs are
presented to the Board and the public for review.

As of this hour, no Agenda has been published on the website for the
June 9th meeting. We are concerned about what is happening. Your
Board Policy indicates 10 day notice for meeting agendas. We are
relying on your post meeting comments that nothing will be done to go
forward with the completion of the Ballpark Complex at the June or
July meetings.

We trust that the Agenda for the June 9th meeting will be posted on
the website very shortly so as to give the public a meaningful
opportunity to participate.

Thanks,
Steve Kline

-------------
Sent: June 5, 2009 11:22:39 AM PDT


Dear Mr. Kline
Trustee Okamura has requested that I respond to you on behalf of the
District. Chancellor Perez is out of office until next week.

First of all, let me express appreciation to you, Randi, and the
others from the neighborhood who took the time to provide testimony to
the Board this week. Your insights were valuable and we welcome your
interest in building a strong relationship between the District and
the neighborhood. There is no question that we can improve upon
District processes so that matters of interest to the neighborhood are
discussed with you in a timely manner. The tone of the testimony
provided at Tuesday's meeting was respectful and the kind that will
help us move forward in a positive manner.

Secondly, I wish to confirm the initial direction that Mr. Okamura
informally provided after the meeting. There will be no agenda item on
next Tuesday's regular meeting with respect to the SEIR or related
matters. It was clear from the board meeting that the trustees are
expecting a full analysis of alternatives to the existing situation,
structured along the lines suggested by Trustee Hobbs and others in
the meeting. This analysis will take awhile, and will involve the
consultants who presented testimony at the meeting. Therefore, I
expect that the Chancellor and President Okamura will consider
scheduling another special meeting to review those alternatives before
bringing something to the board for formal action. Of course, we will
provide not only official notice of that meeting through our normal
processes, but also inform SONA so that you have plenty of advance
notice regarding the meeting.

Finally, it is important to clarify Board policy and statutory
regulations concerning Board business. The Board's policy as posted on
the District's website regarding meetings is as follows:

BP2310
"Regular meetings of the Board shall be held on the second Tuesday of
each month. Regular meetings of the Board shall normally be held at
4750 San Felipe Road, San Jose, 95135.
A notice identifying the location, date, and time of each regular
meeting of the Board shall be posted at least ten (10 days prior to
the meeting, and shall remain posted until the day and time of the
meeting....
All regular and special meetings of the Board shall be open to the
public, be accessible to persons with disabilities, and otherwise
comply with Brown Act provisions...."

The Board has complied with this policy by posting its schedule of
meetings on the website. The policy does not require the Board to post
its agenda 10 days before its meeting, and this has not ever been done
to my knowledge.

The Brown Act regulates meetings for all public boards in California
and is very prescriptive on what the Board must do to inform the
public of its business. The Act requires a posting of the agenda at
least 72 hours in advance of the meeting, and the Board is not
permitted to conduct any other business at the meeting than what has
been posted. You will note that the Board offers several opportunities
on each regular meeting agenda for the public to comment on matters of
interest to them, but the Board is not permitted by law to engage in
discussions on matters that have not been posted as part of the
agenda.

The agenda for next Tuesday's meeting has been posted on the
District's website, as it always is by the end of day on the Friday
preceding a Tuesday meeting. You will note that the agenda contains no
items pertaining to the ballfield or the SEIR.

I hope this clarifies board policy and the requirements of law
regarding its conduct of District business. Have a great weekend.

Best wishes,
Ron


Ronald Root
Vice Chancellor, Administrative Services
San Jose/Evergreen CCD
(408) 270-6426
(408) 239-0121 fax
ron....@sjeccd.org