Citizens' Bond Oversight Committee

MINUTES

(Approved)

 

5:30 p.m. September 16, 2002

Room 129

855 Lenzen Avenue

San Jose, CA 95126

 

1. Call to Order

Chairperson Tate called the meeting to order at 5:32 p.m.

 

2. Roll Call: The requirements for a quorum were met.

 

CBOC Members Present: Todd Elliott, Jill Escher, Dave Fadness, Dave Ferguson, Liza Ferras, Allen Rice, Fred Schorr, C.C. Su, Greg West.

 

CBOC Members Absent: Martin Cohen, Ernest Guzman

 

Board of Education Representatives to the Committee Present: Veronica Grijalva-Lewis, Gary Rummelhoff

 

Other Board Members Present: Carol Myers, Rich Garcia

 

Staff (SJUSD) Representatives Present: John Cimino, Chuck Corr, Betsy Doss, Jerry Matranga, Dr. Linda Murray, Lynn Raspone, Ty Williams

 

Others Present: Marilyn Cleveland, Counsel, Miller Brown & Dannis; Dave Sanchez, Counsel, Sidley, Austin, Brown & Wood; Pam Kinzie, Kinzie and Associates

 

3. Adopt Agenda

It was moved (Fadness) and seconded (Ferguson) to adopt the agenda. Motion carried unanimously. Mr. West noted that the numbering of the items on the web site is different from the numbering on the printed agenda distributed to committee members, although all of the items are the same.

 

4. Approval of Minutes

It was moved (Fadness) and seconded (Elliott) to approve the minutes of the 7/1/02 and 8/5/02 meeting. Motion carried.

 

5. Public Comment (Speaker Cards)

Mr. Norve distributed a memo to the CBOC members regarding Financial Statements.

6. Consent Calendar

Item 7.1 was pulled for discussion. It was moved (Fadness) and seconded (Solinski) that the remainder of the consent calendar (item 9.1) be approved Exhibit A. Motion carried unanimously.

 

7. Old Business

 

7.1 (*) Revised CBOC Meeting Schedule. Chuck Corr submitted a Revised CBOC Meeting Schedule Exhibit B. It was moved (Fadness) and seconded (Ferras) to accept the revised schedule. Motion carried unanimously.

 

7.2 Brumm Letter

 

7.2.l. Sample Letter of Response

Chairperson Tate presented a draft response to the Brumm’s letter of 6/28/02. It was moved (West) and seconded (Rice) to approve an amended letter to be sent to the Brumms. Amendment was to the third sentence in the third paragraph of Chairperson Tate’s letter, which will be changed to read: Additionally, Superintendent Murray has indicated that consideration of unrestricted school site funds (up to $2 million per high school) will be deferred until an implementation plan is adopted. Motion carried unanimously by show of hands.

 

7.2.2. Bond Counsel Presentation

Dave Sanchez from Sidley Austin Brown & Wood presented information on the specificity of the District’s Proposition 39 Bond project List Exhibit C. After much discussion, Mr. Rice moved to reject the Bond Counsel Report. The motion failed to obtain a second. No formal action was taken on the report.

 

8. New Business

 

8.1 Planning Process and Priority Project

The staff presented general information on Measure C and District history including a report on the history of Empire Gardens and the need to rebuild that site. Staff also presented information on the Measure F scope of work and a schedule for development of the implementation plan Exhibit D.

 

8.1.1 Empire Gardens

After discussion it was moved (Fadness) and seconded (West) to endorse the use of Measure F funds for the Empire Gardens project. Motion carried unanimously.

 

8.1.2 Preschool (Family Early Learning Center)

Dr. Linda Murray and Betsy Doss presented information on the Preschool Program (Family Early Learning Center) planned for the San Jose High School site Exhibit E. It was moved (Fadness) and seconded (Schorr) to defer this item to the October CBOC meeting agenda. Motion carried unanimously. Mr. Fadness requested that staff include all relevant information in advance for review by the CBOC.

 

8.2 Election of CBOC Secretary

Chairperson Tate opened nominations for Secretary. Allen Rice and Greg West were nominated. Each candidate made a brief statement. A roll call vote was taken which resulted in a tie. Chairman Tate cast the deciding vote in favor of Mr. West. Mr. Rice was named as Assistant to Secretary West.

 

8.3 Appointment of CBOC Web Design Process Committee

Vice Chairperson Fadness suggested that Chairperson Tate appoint Mr. Rice and Mr. West to this Committee. Ms. Escher also volunteered to join. It was moved (Elliott) and seconded (Schorr) that these three people be accepted as the ad hoc committee. Motion carried unanimously.

 

8.4 Appointment of CBOC Bid Process Review Committee

Chairperson Tate described the function of the committee as being to review the District’s existing bid process and asked for volunteers. Mrs. Ferras, Mr. Ferguson and Mr. Su volunteered to serve. It was moved (Fadness) and seconded (West) that they be accepted as the ad hoc committee. The motion carried unanimously.

 

8.5 Appointment of five (5) CBOC Representatives to the Auditor Selection Committee

Chairperson Tate opened the nominations for the five representatives to the Auditor Selection Committee. Mr. Fadness, Mr. West, Mr. Ferguson, Mr. Schorr and Mr. Rice were nominated. It was moved (Elliott) and seconded (Su) to accept these five representatives. Motion carried unanimously.

 

9. Reports

 

9.1 (*) Series A Bond Issuance. (This report was accepted as a Consent Item.)

 

9.2 Staff Reports

 

9.2.1 Jerry Matranga reported that the Board of Education had approved an action item which grants the CBOC five representatives (50%) on the Auditor Selection Committee.

 

9.2.2 Jerry Matranga reported that the Board of Education had approved an action item granting up to forty (40) hours independent legal services for the CBOC.

 

9.3 Committee Reports

No reports.

 

10. Items for Future Agendas

10.1     Deferred Maintenance

10.2     Web Design Presentation

10.3     Independent Counsel Selection process

10.4     A proposed report to the public by Ms. Escher related to expenditure of Measure F funds

 

11. Adjournment

Meeting adjourned at 8:57 p.m.