Citizens’ Oversight Committee
June 28, 2004

Minutes

Members attending: Tom Andrade, Dr. Lawrence Grace, Sandra Fishler, Russ Danielson, Christina Alonzo, David DiDenti, Pi Silverstein, Chris Montoya, Marco Renella

Others attending: Gerald Norve, Jan Chargin, Tony Ko, Bob Perkins

The meeting was called to order at 6:00 p.m.

Introductions
Steve Kinsella, President of Gavilan College, asked the committee to introduce themselves and indicate what organization they represent.

Nine (9) applications were forwarded to the Board of Trustees and approved at the June 8, 2004 board meeting. A minimum of seven members were needed.

Public Comments
Tony Ko, community member, asked for clarification of the function of the Committee and if there was still room for committee members. Steve indicated that if Mr. Ko was interested he could submit an application and it would be presented for consideration at the next meeting of the Board of Trustees.

Role and Responsibilities of Oversight Committee
Steve Kinsella noted that he and Joe Keeler, Vice President of Administrative Services, would be available as resources and the Committee Chairperson would conduct future meetings. David Casnocha, the District’s Bond Counsel, reported that he was involved in preparing the bond resolution and reviewed the process for passage of the bond measure.

The bylaws were reviewed and it was noted that the Citizens’ Oversight Committee members do not have to file a Conflict of Interest form; they are an advisory committee, they review actions taken and advise the public as to the District’s compliance with law, and serve at the pleasure of the Board of Trustees. Informing the public will be done through minutes, which will be posted on the web site (http://www.gavilan.edu/pio/bond.html) along with other information. A newsletter could be sent to the public to keep them informed. The primary responsibility of the Committee will be to inform the community, review expenditures, and provide an annual written report summarizing the proceedings and activities conducted by the Committee. Committee members are not required to file a Fair Political Practices Form. Committee members will draw lots to select a minimum of two (2) members to serve for an initial one (1) year term and the remaining members for an initial two (2) year term. This method will help maintain the history. The Committee will be provided with copies of the District’s Facilities Master Plan and other documents related to projects. Committee members should contact the Superintendent/President with any concern(s), if Committee member(s) are not satisfied they can present their concern(s) to the Gavilan College Board of Trustees in a public session. The law does not permit committee members to take legal action. A taxpayer in the District can go to court and obtain an injunction to prevent the future expenditures of the bond money. The Committee should, by law, meet annually and can meet as often as the Committee determines. All meetings are subject to the Brown Act. A copy of the Brown Act was distributed to committee members. The Committee may not discuss business of a specific nature that is within their local agency’s subject matter jurisdiction if five (5) or more Committee members are present. Serial meetings, which involve only a portion of the legislative body, but eventually involve a majority, can deprive the public of an opportunity for meaningful participation in legislative body decision making. The Committee can meet by teleconference. The District cannot use bond proceeds to provide District support for the Committee. The Committee cannot adopt its own bylaws, but can make a recommendation to the Board of Trustees to change bylaws. The Facilities Master Plan was approved by the Board of Trustees in January 2001 and was amended to include the Project List (Exhibit B), approved by the Board of Trustees, November 2003. The projects can be amended from time to time. The District would present changes to the Committee, describe the process for amending the plan, conduct a public hearing, and provide the opportunity for the Committee to comment. The Committee should preview the projects and direct legal questions to the Superintendent/President. The Superintendent/President will forward to David Casnocha, District Bond Counsel.

Steve reported that the first series of bonds have been sold, $30 million at 5%.

Key resources
The Superintendent/President will work directly with the committee members. Direct calls to Suzanne Bulle, Administrative Assistant to the Superintendent/President (408-848-4711) and to Joe Keeler, Vice President of Administrative Services (408-848-4715).

Project List
The Gavilan College Facilities Master Plan was amended to include the Project List, which was developed by a Community Advisory Group. Timelines, etc. will be provided as they develop. $64 million will go to renovation; the existing debt item on page 3 of Exhibit B has been satisfied out of the proceeds from the bond. The Committee will be provided with a complete list of the revenue that came in, the expenditures associated with the initial issuance and the distribution of the funds. The Request for Proposals for architects: the College has received 100 responses, for construction manager, 35 responses, and six (6) requests have been received for real estate development services.

Information Source
Web page
Jan Chargin, Gavilan College Public Information Officer, reviewed the services provided by her office and how to access information from the College web site. The web site includes access to information for contractors.

The Committee was provided with a copy of the Board Policy and Administrative Procedures:

Board Policy/Procedures 6740, Citizens’ Oversight Committee
Board Policy 6340 Contracts
Administrative Procedures 6340 Bids and Contracts
Administrative Procedures 6350 Contracts – Construction
Board Policy/Procedures 2710 Conflict of Interest

Select Chairperson
The Committee members drew numbers to select a Chairperson, David DiDenti. The remaining Committee members who drew odd numbers will serve a 2 year term (Tom Andrade, Dr. Lawrence Grace, Marco Renella, David DiDenti, and Pi Silverstein); even numbers will serve a 1 year term (Christina Alonzo, Russ Danielson, Sandra Fishler, Chris Montoya). Committee members, except for David DiDenti, drew numbers to select a Vice Chair, Russ Danielson.

Meeting Dates
Steve suggested that the Committee meet in a month so they can review materials and have more information on the schedule of projects. The Committee will receive all copies of the agendas and minutes of the Gavilan College Board of Trustees. Joe Keeler reported that the architect, planner, construction manager and other miscellaneous contracts may be presented at the September Board of Trustees meeting. Tom Andrade (motion), Sandra Fishler (second) to meet quarterly; the Committee vote was unanimous and will meet Sept. 20, Oct. 25, same location, same time. Committee members can submit a request to the President’s Office for agenda items. Tom Andrade requested in depth information regarding projects be placed on the next agenda.

Public Comments
Bob Perkins, not a voter in district, but a candidate for the 28th Assembly District, stated that the information presented was useful.

Tony Ko, community member, asked what the timeframe was for the expenditure of monies. David Casnocha stated that the funds needed to be expended within three (3) years each time bonds are issued, which is every three years. The priority of projects is done when master schedule is worked out; timing still needs to be figured out.

Meeting adjourned at 7:20 p.m.