Bonds and Construction - Measure F - Minutes
SJUSD Measure F
Citizens' Bond Oversight Committee
MINUTES
(Approved)
November 10, 2003
San Jose High Academy
275 North 24th Street, San Jose
The Committee gathered at 5:30 and was given a guided
tour of the San Jose High Academy campus by Betsy Doss, focusing on
work to be done under Measure F.
1. Call to Order
Vice Chair West, in the absence of Chairman Fadness,
called the meeting to order at 6:30 p.m.
2. Roll Call: The requirements for a quorum were met.
Committee Members Present: Stephen Bantillo, Jill Escher,
Dave Ferguson, Allen Rice, Al Roosma, Sally Souders, C.C. Su, Greg West,
Alan Williams
Committee Members Absent: Dave Fadness, Dennis Reid,
Fred Schorr, Charles Tate.
Board of Education Representatives to the Committee
Present: Veronica Lewis and Carol Myers.
SJUSD Staff Representatives Present: Joe Aversano, Florence
Eng, Jerry Matranga, Linda Murray, Paul Rische, and Ty Williams.
Others Present:
Philip Henderson, District Counsel
3. Adopt Agenda
It was moved (Ferguson) and seconded (Rice) to adopt
the agenda. Motion passed unanimously.
4. Approval of Minutes
It was moved (Ferguson) and seconded (Bantillo) to approve
the minutes of the October 13th meeting. Motion passed unanimously.
5. Public Comment
Public agreed to comment at the time pertinent items
occurred in the agenda.
6. Consent Calendar - Items marked (*) [Items 9.1,
9.2, 9.3, and 10.2]
It was moved (Rice) and seconded (Su) to approve items
on the consent calendar. Motion passed unanimously.
7. Old Business
(There was no item 7.1)
7.2 Assignment of CBOC Liasons to District Schools
(to replace resigned members).
Vice Chair West asked members if they wished to make
changes in the liason assignments made by memo from Chairman Fadness. None being expressed, the assignments
made in that memo stand. (Exhibit
A).
8. New Business
8.1 Measure F Project
Labor Agreement (PLA)
Mr Matranga confirmed that Committee members
had received and had a chance before the meeting to review Staff's report,
"Summary and Analysis of Santa Clara & San Benito Counties
Building and Construction Trades Council Proposed Project Labor Agreement
to San Jose Unified School District and Related Issues" (Exhibit B).
Following this he gave
the floor to Neil Struthers of the Trades Council to allow presentation
of additional information. Mr.
Struthers stated that, as a result of the dotcom bust, the focus on
union organizing efforts had moved from the private sector to the public
sector. He emphasized that the PLA would ensure
that the District would have "labor peace", and that it would
provide a pre-apprenticeship program.
At the invitation of the
Acting Chair, Kevin Dayton, representing Associated Builders and Contractors,
spoke against the PLA, emphasizing what he considered to be the dual
injustice of requiring workers, even those who did not choose to be
affiliated with a union, to be dispatched from Union hiring halls and
to pay into Union benefits funds. He believed that this would decrease
the willingness of non-union contractors to bid on District work.
Community members Robert
Sztuk and Dave Sztuk, contractors, expressed concerns about the payment
of benefits for employees into the Union funds, from which they could
not be recovered.
Community members Jay James,
Patrick Pico, and Gary Rushford, Union managers and trainers, spoke
in favor of the PLA, expressing the belief that the PLA gave better
financial chances to the working man, and would ensure training of high
quality apprentices.
Community member Dennis
Umphress, a member of the CBOC for the East Side Unified High School
District, indicated that for one of its most recent contracts there
had been only one bidder.
Following this discussion,
it was moved (Escher) and seconded (Rice) that "At its meeting
of November 13, the Citizens Bond Oversight Committee was not convinced
that adoption of a PLA would make expenditure of Measure F funds more
efficient. The CBOC requests
the Board of Education to refrain from adopting a PLA."
Acting Chairman West pointed
out that as part of his presentation, Mr. Struthers provided a packet
of documents that were meant to contradict the District's report. It was moved (Roosma) and seconded (West)
to table the motion, to allow Committee members time to review Mr. Struthers'
packet, which had not been provided to them before the meeting. The motion to table was defeated, 5 to
3 against, 1 abstaining.
Secretary Rice indicated that, since
the packet had not been provided before the meeting, it was not acceptable
for posting as part of these minutes. If the Trades Council wished, they were welcome to post them
to a location of their choice, and the Committee would, as a courtesy, provide a link from these minutes. (Trades Council Link to be provided). Mr. Struthers
accepted this offer.
A vote was taken on the
motion to recommend that the Board not adopt a PLA. Motion passed, 8 to 1.
It was moved (Rice) and
seconded (Souders) to accept the report.
Passed unanimously.
8.2 Appoint a Committee
to Draft CBOC's 2003 Annual Report
Acting Chair West appointed
Mr. Rice Chair of this ad hoc Committee, of which Souders, West, and
Williams agreed to be members.
Mr. Fadness, absent from this meeting, had expressed interest
in serving on it as well and was accepted if that is his wish.
9. District Reports
9.1. Administration. The report from Mr. Matranga
(Exhibit C) was accepted as part of the Consent Calendar.
9.2 Program. The report from Ty Williams (Exhibit D)
was accepted as part of the Consent Calendar.
9.3 Finance. Ms. Eng’s report
(Exhibits E, F1 through
Fx) was accepted as part of the Consent Calendar.
10.
CBOC Reports
10.1 Vice Chair's Report. There was no report
10.2 CBOC Web Liaison. Mr. Rice’s report was accepted as part of the
Consent Calendar. Committee's website hit count for the month of October
was 245.
10.3 Deferred Maintenance Sub-Committee. There was no report.
10.4 District’s Measure F Performance Audit
Steering Committee. There
was no written report. Mr. Ferguson, a member of this Committee, indicted
that both the Performance Audit and Financial Audits are expected to
be available for the Committee's December meeting.
10.5 Measure F/Education Code Overview for new CBOC
members. Ms. Escher provided this information to new members
Bantillo and Williams.
11. Items for Future Agendas.
11.1 Review of Deferred Maintenance Plan
11.2 Change Order Process – Best Practices
11.3 Disposition of Furniture and Equipment –
1/12/04
11.4 Performance Audit – 12/8/03
11.5 Financial Audit – 12/8/03
11.6 Report from Annual Report Drafting Committee -
12/8/03
11.7 Discussion of CBOC Project Review Process
11.8 Status of Procedure Document
12. Adjournment.
Meeting adjourned at 8:45 p.m. Next meeting is December 8, 2003