MINUTES

(Approved) 

5:30 p.m. October 21,2002

Room 129

855 Lenzen Avenue

San Jose, CA 95126

 

1. Call to Order

            Chairperson Tate called the meeting to order at 5:35 p.m.

 

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

 

CBOC Members Present: Martin Cohen, Todd Elliott, Jill Escher, Dave Fadness, Dave Ferguson, Liza Ferras, Allen Rice, Fred Schorr, C.C. Su, Charles Tate, Helen Solinski and Greg West.

 

CBOC Members Absent: Ernest Guzman. Mr. Guzman informed Chairperson Tate of his planned absence.

 

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

 

            Other Board Members Present: Carol Myers.

 

Staff (SJUSD) Representatives Present: John Cimino, Bruce Collins, Betsy Doss, Jerry Matranga, Dr. Linda Murray, and Ty Williams.

 

Others Present: Marilyn Cleveland, Counsel, Miller Brown & Dannis; Geoff Lightfoot and Doug Williams, Turner Construction; Don Hebard, Chair, Campbell Elementary District CBOC; and Dennis Umphress, East Side Union School District CBOC.

 

3. Adopt Agenda

It was moved (Fadness) and seconded (Schorr) to adopt the agenda. Motion carried unanimously. Chairperson Tate requested that item 9.1, Chair Report, be taken out of order before item 7.1.

 

4. Approval of Minutes

It was moved (Fadness) and seconded (Ferguson) to approve the minutes of the 9/16/02 meeting. It was noted that Mr. Cohen’s absence was due to a religious holiday. Motion carried unanimously.

 

5. Public Comment (Speaker Cards)

Dan Winter spoke to the Committee about the Mercury News Editorial and about maintaining the public trust in the spending of the Measure F funds.

Gerald Norve distributed a memo about a bond measure in San Francisco.

 

6. Consent Calendar

            There were no items on the Consent Calendar.

 

9.1 Chair Report (This item was taken out of order)

Chairperson Tate reported on activities that had occurred since the last CBOC meeting.

- A Measure F expenditure exception process Exhibit A was approved by the Board.

 

- Measure F funds were used to hire Turner for development of the Master Implementation Plan.

 

- An Architect was hired for the design of the Family Early Learning Center using monies from Certificates of Participation.

 

- A Program Manager was hired for the Family Early Learning Center using monies from Certificates of Participation.

 

Chairperson Tate spoke against the last two items at the Board meeting because of the wording in the items referring to the anticipated use of Measure F funds to repay the Certificates of Participation. Dr. Murray assured the Committee that while staff believes that the repayment would be an appropriate use of Measure F funds the district had other sources of funds to pay for the project if that does not come to pass.

 

- Chairperson Tate and Ms. Escher had a discussion with Ted Lempert who authored AB 1908 which is the legislation that created the CBOC.

 

- Chairperson Tate presented to the Almaden Valley Community Association of

October 8th, 2002. Exhibit B Mr. Rice and Mr. West were in attendance.

 

- Chairperson Tate attended a meeting of the Leland Facilities Committee on

October 9^th, 2002

 

- Chairperson Tate attended a meeting with Turner Construction on October 9^th, 2002.

 

- Chairperson Tate attended a Board Workshop on the District’s Contracts Handbook Exhibit C

 

- Chairperson Tate reported that Committee member Guzman intended to submit a letter of resignation from the Committee.

 

Chairperson Tate requested that Committee members make it clear when talking to the media that your comments do not necessarily reflect the views of the entire Committee.

 

7. Old Business

 

7.1 Family Early Learning Center. Dr. Murray presented a report to delineate those portions of the Family Early Learning Center that are Pre-School. The report also described other funding sources for this project. As the project stands there is no action for the CBOC to consider. There may be a time when the District approaches the CBOC to consider repaying some portion of the costs where those expenditures meet Measure F guidelines.

 

It was moved (Fadness) and seconded (Cohen) to accept the staff report, noting that, in so doing, no precedent would be established for the use of Measure F funds for the Family Early Learning Center program. Motion carried unanimously.

 

8. New Business

8.1 Joint CBOC/Board of Education Field Trip. Chairperson Tate proposed scheduling a trip to some representative schools for CBOC members and Board of Education members. It was moved (West) and seconded (Rice) Motion carried unanimously.

 

8.2 Appointment of CBOC liaison to Implementation Plan meetings. Chairperson Tate proposed appointing a committee member to attend the planning sessions. It was moved (Fadness) and seconded (Schorr) to accept a monthly report from Turner in lieu of appointing a CBOC liaison to attend Implementation Plan meetings, reserving the possibility to reverse this decision in the future, if deemed necessary. Motion carried unanimously.

 

8.3 Appointment of ad hoc CBOC Deferred Maintenance Committee. Chairperson Tate proposed the establishment of the ad hoc committee. It was moved (Fadness) and seconded (Escher) to defer this item to the November 2002 agenda. Motion carried unanimously.

 

 

8.4 Amend Exception Process for 2002-2003 expenditures. Chairperson Tate proposed recommending an amendment to the “Exception Process” that was passed by the Board (Measure F Expenditures, 9/19/02), adding paragraph ‘II. C.1. The Board shall not use temporary funding, such as Certificates of Participation, to bridge funding gaps for projects which are candidates to be funded by measures F monies prior to CBOC review of those projects.”

 

It was moved (Fadness) and seconded (Su) to recommend said amendment to the Board. Motion passed by a margin of 7 to 4 with one abstention.

 

8.5 Appointment of ad hoc Public Report Drafting Committee. Chairperson Tate recommended the establishment of this committee and asked for volunteers. Elliott, Escher, and West were appointed to this ad hoc committee; Tate will serve in an ex-officio capacity.

 

9. Reports

 

9.2. Update from Turner Construction. Turner Construction representatives Geoff Lightfoot and Doug Williams presented a report Exhibit D describing the development of the Implementation Master Plan. It was moved (West) and seconded (Cohen) to accept the report. Motion carried unanimously.

9.3 Web Design Sub-Committee Report. Allen Rice will write a straw-man document proposing a definition of what it means for the Committee to ‘receive’ a document for posting. Rice will also create a proposal for posting contact information and develop a permission slip for use by the District prior to releasing CBOC members’ personal information (telephone numbers and e-mail addresses). Rice demonstrated the web site and explained its design.

 

9.4 Bid Process Review Committee. CC Su presented the report of the Committee Exhibit E. It was moved (Fadness) and seconded (Ferras) to recommend to staff that they act upon the two recommendations in the Bid Process Review Committee’s report and to work through that subcommittee to develop the two documents and return with a recommendation to the full CBOC at its February or March 2003 meeting. Motion carried unanimously.

 

9.5 District Staff Report. Mr. Matranga reported that the District had appointed five representatives to the Auditor Selection Sub-Committee: Joe Aversano, Florence Eng, Gary Rummelhoff, Veronica Lewis, and Jerry Matranga.

 

10. Items for Future Agendas.

 

               Project Labor Agreements (Joint meeting with Board in January, 2003?)

               Document receipt process

               Posting of member contact information/Release approval form

               Future meetings at school sites

               Ted Lempert - joint workshop with Board of Education re Prop 39 & AB1908.

               Turner report on every agenda

               Assignment of schools to individual CBOC members

               Independent counsel selection process

               Discussion of Preliminary Draft of Implementation Plan (Blue binder)

               Phone survey results to be issued before next meeting.

               Auditor Selection Sub-Committee report

               Hits on web-site

               Replacement of CBOC member

               Deferred maintenance (Old Business at November 2002 meeting)

 

11. Adjournment.

 

               Meeting adjourned at 9:17 p.m.