Ohlone College

Room 1216

43600 Mission Boulevard, Fremont, CA


Minutes of Citizens' Oversight Committee

May 6, 2002

Page 1 of  3 Pages                                                            UNADOPTED



MEMBERS PRESENT:                Kenneth Ballard

                         Pat Danielson

                         John Copley

                         Yelena Abubekerova

                         Dan Chang

                         Leo Hinkel

                         James Laub

                         George Mathiesen

                         Emily Sawyer



PRESENT:            Dr. Floyd Hogue, President/Superintendent

                         Ms. Deanna Walston, Vice President, Business Services/Deputy Superintendent



OPEN MEETING:            The meeting was called to order by John Copley, the Committee Chair at 6:40 p.m.


                         The pledge of allegiance was led by John Copley.

                         All members were present except Arthur Geen, James Griffin, and Louis Willett.



from the Audience            None






1.                  Approval of Minutes from April 2, 2002 Meeting

  Unanimously approved.


2.         Review of the Ralph Brown Act

                        Dr. Hogue pointed out various sections of the Brown Act that will apply to the activities of this committee.  There was discussion of the stated requirements for a gathering to be a “meeting,” as well as the number of committee members required to be in attendance.    Dr. Hogue also noted that these meetings are open to the Public, and the meeting agenda is made available by posting and through the area newspapers. 


                        There was a question as to whether items could be added to the agenda after distribution of the agenda.  Dr. Hogue indicated that the Act requires a 2/3 vote approval of members to add late items.  He also pointed out sections on adjournment and the process for closed sessions.  Members were informed that violation of the Brown Act is a misdemeanor.


            3.            Election of Officers

Mr. Copley stated the need to elect a Vice President and a Secretary.  Mr. Laub suggested waiting for a period of time to take this step in order for the members to become better acquainted with one another.  Responsibilities of these two positions were discussed, and it was decided that temporary officers would be elected until at least the next meeting.  The duration of the temporary positions led to the question of the next meeting date and the frequency of meetings.  Kenneth Ballard volunteered and then withdrew his nomination for Vice President when Pat Danielsen was also nominated.  It was moved, seconded, and unanimously voted that Pat will be the temporary V.P.  Yelena Abubekerova volunteered to serve in a temporary capacity as Secretary of the Committee.


             4.        Adoption of Standard Operating Guidelines

                        Dr. Hogue stated that the committee would operate effectively under Robert's Rules of Orders, which closely mirrors requirements stated in the Brown Act.


                        Mr. Ballard asked if it would be possible for the Committee to get Board of Trustee agenda information and handouts for the Committee meetings prior to the meetings.  Mr. Copley stated that he would like to receive a Board packet prior to Board meetings, and that he would, in turn, provide pertinent information to the Committee regarding the Board meetings.


                        Also discussed was the format of reports that will be presented to the Oversight Committee for their review.  Deanna Walston stated that project management and construction management will provide various reports as the projects progress, and this matter should be pursued further when these entities are selected.


5.                Review Series A Bond Project List

Simon Barros described on the eight projects approved by the Board of Trustees for issuance of the A Series.  He also provided a brief history of the Ohlone Campus, its growth and subsequent deterioration (due to aging) of some of the facilities, grounds and access areas.  Ms. Abubekerova confirmed Mr. Barros' statements regarding the condition of existing lockers and inadequate lighting in some areas of the Campus. 


The Committee expressed interest in touring portions of the Campus which will be directly involved upcoming projects.  Mr. Barros will provide a tour for the Committee at the next meeting.


6.                Review Revised Series A Bond Issue Schedule

Ms. Walston briefly described upcoming events in the planning calendar which will culminate in the disbursement of Series A bond proceeds.  She noted that while Rating Agency Meetings will take place May 13, 2002, the rating decision will not be available until late in May.  The decision to purchase insurance to protect the rating will not be decided until the day of the actual issuance.


Ms. Walston also pointed out that the District must provide a check to Sun Microsystems on June 28, 2002, for the land acquisition.  Dr. Hogue mentioned that the sale of bonds will be publicized, with an original minimum purchase of $5,000, and subsequent purchases in $1,000 increments.


7.                Review Draft of RFP for Consulting Services for Ongoing Bond Program Planning and Management of Measure A Facility Bond

Ms. Walston informed the committee that the basic draft of the RFP was similar to that used by Foothill DeAnza in their recent pursuit of a planner.  She also asked if any of the Committee members would be interested in participating in the process of reviewing prospective candidates for the services provider.  Interviews are planned for July 1 and 2, 2002.  Mr. Ballard and Mr. Laub indicated that they would be interested in participating in this process.  Ms. Walston also noted that the Board of Trustees does not wish to participate in the review process, but will be interested in seeing appropriate supportive information when the recommendation is brought to the Board for approval.


8.                Review of Oversight Committee Members' Liability

Dr. Hogue provided the opinion of the District's legal counsel concerning individual liability of the Committee members.  He stated that the group, acting in their position as an agency of the Legislature (due to the Prop 39 requirement for such a committee), have immunity from legal action.


9.                Consider Broadcasting Future Meetings

The estimated cost of broadcasting meetings will be reviewed and presented at the next meeting of the Committee.


Mr. Copley adjourned the meeting and reminded the members that the next meeting of the Committee is scheduled for May 20, 2002, at 6:30 P.M.