Measure F October 9, 2006 Minutes

SJUSD Measure F
Citizens’ Bond Oversight Committee
MINUTES
(Approved)
October 9, 2006
District Office
855 Lenzen Avenue, San Jose

1. Call to Order
Chairman Rice called the meeting to order at 6:01 p.m.

2. Roll Call: The requirements for a quorum were met.
Committee Members Present:  David Ginsborg, Chris Henriques, Diane Hughes, David Persselin, Clark Williams, and Everett Wilson.

Committee Members Absent: John Cesare

Board of Education Representatives to the Committee:  Veronica Lewis.

SJUSD Staff Representatives Present:  Steve Adamo, Patrick Day, Florence Eng, Don Iglesias, Ada Poon, and Ty Williams.

Program Management:  Susan Davenport, Bob Fuselier, Mike Hiddleson, Tom Millman, and Patricia Nguyen of Kitchell CEM.

3. Adopt Agenda
It was moved (Henriques) and seconded (Hughes) to adopt the amended agenda.  Motion passed unanimously.

4. Public Comment
No discussion.

5. Consent Calendar – Items marked (*) (Items 6, 9.1, 9.2, and 9.5)
It was moved (Williams) and seconded (Henriques) to approve the consent calendar.  Motion passed unanimously.

6. Approval of Minutes – Part of consent calendar

7. Special Business

7.1 Discussion regarding Staff Support
It was proposed that District staff, assisted by Kitchell staff, prepare draft agendas and meeting minutes to allow all CBOC members to fully participate in meeting discussions.  The proposal was accepted by the overall committee.

7.2 CBOC Code of Conduct (Exhibit7.2) (PDF)
Draft language was presented to change the Code of Conduct for the CBOC.  The wording of section nine will be modified to be “When invited to speak to the public about CBOC activities, members shall notify the Committee, through the Chair.  The CBOC member shall make explicit that they do not represent the CBOC.  The CBOC member shall provide information about CBOC’s Purpose and Duties, and explain that CBOC is limited to oversight of expenditures and will not act on recommendations for the spending of any bond money. A report of the substance of any such meeting must be provided to the CBOC at its next meeting.” It was moved (Wilson) and seconded (Hughes) to approve the revision.  Motion passed unanimously.  The District will make the change to the Code of Conduct and post the revision to the website.

7.3 CBOC Membership Size
The Chair recommended that the District increase the CBOC membership size to include more viewpoints and diversity.  Don Iglesias responded that there are interviews scheduled for October 24, 2006.  CBOC members inquired as to whether they could sit in on the selection interview.  The District responded that they were concerned with the privacy of the candidates being interviewed.  The consensus was to enlarge the committee.  District staff to report on results of interviews with the number of how many applicants applied and how many will be recommended to the committee.  This topic will be revisited at the next CBOC meeting.

7.4 Agenda Review
Ginsborg requested that items 9.1, the Chair’s report, and item 9.5, referrals to independent counsel, be deleted from the agenda.  Items 9.2, CBOC web hits, and 9.3, report from Web Page Director, are combined into a new item 9.1.  It was discussed that the committee Chair can request the use of legal counsel whether item 9.5 is on the agenda or not. The rest of the committee agreed to strike the Chair’s report and the referral to legal counsel from the agenda.

7.5 Annual Report
An ad hoc committee was formed to review if the committee wants to add to or modify last year’s CBOC annual report.  Ms. Hughes, Mr. Ginsborg, and Mr. Persselin volunteered to be on the ad hoc committee.

8. New Business

8.1 Measure F Staff Report – Lease/Lease Back Report (Exibit 8.1)
Ty Williams reported on the contractors’ response to the Lease/Lease Back request for qualifications.  Ty Williams did not get a response from all of the contractors.  The contractors that did respond indicated that they had enough work, or didn’t want to expend the marketing resources for a chance to get the project.  Other contractors responded that they did not have the manpower for the project.  The District is currently in negotiations.  It was moved (Hughes) and seconded (Wilson) to accept the report.  Motion passed unanimously.

8.2 Measure F Project Overview & Status
Mr. Mike Hiddleson of Kitchell presented this report (Exhibit 8.2 , 8.2a , 8.2b, and 8.2c) (PDF)) that had been sent to the members prior to the meeting.  Mr. Hiddleson’s presentation focused on reconciliation reports and cash flow.  Mr. Hiddleson stated that the Program Manager is pushing to make a concerted effort to close completed projects.  Kitchell also discussed staffing changes within the Program Management team.  Tom Millman was introduced as the new Program Director.  It was moved (Henriques) and seconded (Wilson) to accept the report.  Motion passed unanimously.

8.3 Measure F Quarterly Financial Report (Exhibit8.3) (PDF)
Ada Poon of the District reported that last quarter’s interest income is $1.7 million and the total interest to date is $5.5 million.  The last bond was issued in April 2006.  As of June 30, 2006 the Program has total revenue of $331 million and of that, $180 million has been expended. It was moved (Wilson) and seconded (Hughes) to accept the report.  Motion passed unanimously.

9. CBOC Member & Sub-Committee Reports.

9.1 Chair’s Report.  This report was accepted on consent agenda.

9.2 CBOC Web Liaison.  This report was accepted on consent agenda. (Exibit 9.2)

9.3 Report from CBOC Web Page Director (Exhibit9.3) (PDF)
Mr. Wilson provided suggestions for making the Measure F information easier to access to provide the community with information.  Mr. Wilson suggested providing a link to Construction from the main website page as well as a Measure F link from school websites.  The only link from a school website was out of date.  The District will discuss resources for improving the website.  Mr. Ginsborg requested that the District report back on the changes to the website.  An ad hoc committee was formed to establish a scope of work.  Mr. Ginsborg, Ms. Hughes, and Mr. Henriques volunteered to be on the ad hoc committee.

9.4 Meeting Schedule and Topics for Coming Year. (Exhibit9.4) (PDF)
Some of the agenda setting meetings have been rescheduled for 8:30 AM.  Future agenda items to be discussed include annual report for January meeting including a report by sub-committee on the format of the report.  A possible field trip was discussed for the April CBOC meeting.

The CBOC members requested some additional information regarding the Brown Act.  Board member Lewis responded that the Board of Education would be holding a workshop outside of the regularly scheduled CBOC meetings regarding the Brown Act in the near future and would look into inviting the CBOC members to the workshop as well.

9.5 Referrals to Independent Counsel.  There were no referrals. This item was accepted on consent agenda.

10. Items for Future Agendas
10.1 Role of the Construction Manager/Program Manager
10.2 District Management of Contractors who do not adequately perform
10.3 Measure F CBOC Website Discussion
10.4 Annual Report

11. Adjournment
Meeting adjourned at 9:05 p.m. Next meeting is January 8, 2007 at District Office, 855 Lenzen Avenue.