Citizensí Oversight Committee
June 28, 2004
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,
The meeting was called to order at 6:00 p.m.
Steve Kinsella, President of Gavilan College, asked the committee
to introduce themselves and indicate what organization they
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.
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 Districtís 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 Citizensí
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 Districtís
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
Districtís 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 agencyís 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%.
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).
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.
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
The Committee was provided with a copy of the Board Policy and
Board Policy/Procedures 6740, Citizensí Oversight Committee
Board Policy 6340 Contracts
Administrative Procedures 6340 Bids and Contracts
Administrative Procedures 6350 Contracts Ė Construction
Board Policy/Procedures 2710 Conflict of Interest
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.
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 Presidentís Office for agenda items. Tom Andrade
requested in depth information regarding projects be placed on the
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
Meeting adjourned at 7:20 p.m.