Citizen's Bond Oversight Meeting Agenda - May 29th 2019

Article Source: San Bruno Park School District - CA

CITIZENS’ BOND OVERSIGHT COMMITTEE
MEETING AGENDA
WEDNESDAY, May 29, 2019
6:00 PM – 7:00 PM
DISTRICT OFFICE
500 Acacia Avenue, San Bruno

1. Welcome/Introductions/Roll Call Information Item
2. General Public Comment
3. Approval of Minutes Action Item
4. Terms of Members
a. Minutes of March 27, 2019 Information Item
5. Meeting Dates Information Item
6. Bond Expenditures to date
a. Presented by Patricia Paulsen, Key Analytics Information Item
7. Program Manager
a. Todd Lee, Greystone West Information Item

8. Adjournment

To obtain a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the meeting, please contact Cecille Mendiola (cmendiola@sbpsd.k12.ca.us) at least two business days before the meeting.

Public attendance and testimony are welcome at the meeting.

BOARD OF TRUSTEES:
Jennifer M. Blanco • Teri Chavez • Kevin J. Martinez • Andrew T. Mason • Henry Sanchez, M.D.
Stella M. Kemp, Ed.D., Superintendent

March 27, 2019 CBOC MINUTES Call to order 6:03 pm
Members:
Wendy Al-Mukdad Jeff Fornesi
Raul Gomez
Nyla Ibrahim
Andrew Lipscomb George Peponis
Jim Ruane
Stephen Seymour
1. INTRODUCTIONS
Wendy Richard thanked and welcomed all participants. Each member introduced themselves and gave brief description of why they choose to be on the committee. Each member received a binder in which they can keep any documents received for this meeting and any future meetings. Wendy also mentioned any agendas and minutes will be posted to the web site. A dedicated web site will be created shortly, in the meantime, any information for the CBOC can be found under Our District; Measure X Bond Updates; Citizens’ Bond Oversight Committee.
2. PUBLIC COMMENT There was no public comment.
3. PRESENTATIONS:
There were two presentations, one on roles and responsibilities of the CBOC and one on the types of reports that will be presented quarterly.

Second Presentation
KeyAnalytics
Patty Paulsen of KeyAnalytics gave a presentation to the committee on the reports that they will be reviewing each time they meet. A handout was given to each member. It was broken down into sections, the overview, the program summary report, the project overview report, the project encumbrance report, the project expenditure report and the bond project list as outlined in the Measure X Bond Ballot. Each of the reports will be cumulative and will cross fiscal years when necessary.
Members of the committee asked questions:

4. Elections/Appointment of Officers
The committee had nominations for chair and vice chair. Jim Ruane nominated Wendy Al¬Mukdad to be chair, Nyla Ibrahim second.
It was a unanimous vote to accept Wendy Al-Mukdad as chair.
Jim Ruane nominated George Peponis to be vice chair. This was second by Jeff Fornesi. It was a unanimous vote to accept George Peponis as vice-chair.
Per the by-laws, Dr. Kemp was to appoint the chair and vice chair. Dr. Kemp agreed to the nominations provided by the committee.
5. Establish Terms of Members

6. Establish Meeting Dates
The committee will meet every quarter on the last Wednesday of the months of May, August, November and February. Wendy Richard will send out dates to determine what the exact dates will be. The time of the meetings will be 6 pm to 7 pm.
7. Adjournment The meeting was adjourned at 7:48 pm.

CITIZENS' BOND OVERSIGHT COMMITTEE BYLAWS
AMENDED AND RESTATED APRIL 10, 2019

Section 1 Committee Established: The San Bruno Park School District (the “District”) was successful with the election conducted on November 6, 2018 (the “2018 Election”), in obtaining authorization from the District's voters to issue up to $79,000,000 aggregate principal amount of the District's general obligation bonds (“Measure X”). The Measure X is hereinafter referred to as the (“Measure”). The Election was conducted under Proposition 39, being chaptered as the Strict Accountability in Local School Construction Bonds Act of 2000, at Section 15264 et seq. of the Education Code of the State (“Prop 39”). Pursuant to Section 15278 of the Education Code, the District is obligated to establish the Committee in order to satisfy the accountability requirements of Prop 39. The Board of Trustees of the San Bruno Park School District (the “Board”) determines that the Citizens' Bond Oversight Committee (the “Committee”) shall only have the duties and rights set forth in these Bylaws. The Committee does not have independent legal capacity from the District.
Section 2 Purposes: The purposes of the Committee are set forth in Prop 39 and Education Code Sections 15278-15282 and these Bylaws are made in accordance with such provisions. The Committee shall be deemed to be subject to the Ralph M. Brown Public Meetings Act of the State of California and shall conduct its meetings in accordance with the provisions thereof. The District shall provide necessary administrative support to the Committee as shall be consistent with the Committee's purposes.
The proceeds of general obligation bonds issued pursuant to the Elections are hereinafter referred to as “bond proceeds.” The Committee shall confine itself specifically to bond proceeds generated under the Measure. Regular and deferred maintenance projects and all monies generated under other sources shall fall outside the scope of the Committee’s review.
Section 3 Duties: To carry out its stated purposes, the Committee shall perform the duties set forth in Section 3.1, 3.2 and 3.3 and shall refrain from those activities set forth in Sections 3.4 and 3.5.
3.1 Inform the Public:
The Committee shall inform the public concerning the District’s expenditures of bond proceeds. In fulfilling this duty, all official communications to either the Board or the public shall come from the Chair acting on behalf of the Committee. The Chair shall only release information that reflects the consensus view of the Committee.
3.2 Review Expenditures:
The Committee shall review expenditure reports produced by the District to ensure that (a) bond proceeds were expended only for the purposes set forth in the Measure, as applicable; and (b) no bond proceeds were used for any inappropriate teacher or administrative salaries or other operating expenses, in accordance with Attorney General Opinion 04-110 issued on November 9, 2004.
3.3 Annual Report:
The Committee shall present to the Board, in public session, an annual written report which shall include the following:
(a) A statement indicating whether the District is in compliance with the requirements of Article XIIIA, Section 1(b)(3) of the California Constitution; and

(b) Summary of the Committee’s proceedings and activities for the preceding year.
3.4 Duties of the Board/Superintendent:
Either the Board or the Superintendent, as the Board shall determine, shall have the following powers reserved to it, and the Committee shall have no jurisdiction over the following types of activities:
(i) Selection of projects to be funded with bond funds,
(ii) Selection of architects, design firms, contractors, construction management firms, and approval of construction contracts,
(iii) Approval of construction change orders,
(iv) Appropriation of construction funds,
(v) Handling of all legal matters,
(vi) Approval of construction plans and schedules,
(vii) Approval of any deferred maintenance plans,
(viii) Approval of the sale of bonds, and
(ix) Section of auditor for the District’s required financial and performance audits.
3.5 Measure X Projects Only:
In recognition of the fact that the Committee is charged with overseeing the expenditure of Measure X bond proceeds, the Board has not charged the Committee with responsibility for:
a) Projects financed through the State of California, developer fees, and redevelopment tax increment, certificates of participation, lease/revenue bonds, the general fund or the sale of surplus property without Measure X bond proceeds shall be outside the authority of the Committee.
b) The establishment of priorities and order of construction for the bond projects shall be made by the Board in its sole discretion.
c) The selection of architects, engineers, soils engineers, construction managers, project managers, CEQA consultants and such other professional service firms as are required to complete the project based on District criteria established by the Board in its sole discretion.
d) The approval of the design for each project including exterior materials, paint color, interior finishes, site plan and construction methods (modular vs. permanent) by the Board in its sole discretion and shall report to the Committee on any cost saving techniques considered or adopted by the Board.
e) The selection of independent audit firm(s), performance audit consultants and such other consultants as are necessary to support the activities of the Committee.

f) The appointment or reappointment of qualified applicants to serve on the
Committee.
Section 4 Authorized Activities.
4.1 In order to perform the duties set forth in Section 3.0, the Committee may engage in the following authorized activities:
(a) Receive and review copies of the District's annual independent performance audit and annual independent financial audit, required by Prop. 39 (Article XIIIA of the California Constitution).
(b) Inspect facilities and grounds for which bond proceeds have been or will be expended, in accordance with any access procedure established by the Associate Superintendent, Business Services.
(c) Review copies of deferred maintenance proposal or plans developed by the District.
(d) Review efforts by the District to maximize bond proceeds by implementing various cost-saving measures, such as District efforts to implement: (i) mechanisms designed to reduce the costs of professional fees; (ii) mechanisms designed to reduce the costs of site preparation; (iii) recommendations regarding the joint use of core facilities; (iv) mechanisms designed to reduce costs by incorporating efficiencies in school site design; (v) recommendations regarding the use of cost- effective and efficient reusable facility plans.
Section 5 Membership. 5.1 Number:
The Committee shall consist of a minimum of seven (7) members appointed by the
Board of Trustees from a list of candidates submitting written applications, and based on criteria established by Prop 39, to wit:
• One (1) member shall be the parent or guardian of a child enrolled in the District.
• One (1) member shall be both a parent and guardian of a child enrolled in the District and active in a parent-teacher organization, such as the P.T.A. or a school site council.
• One (1) member active in a business organization representing the business community located in the District.
• One (1) member active in a senior citizens' organization.
• One (1) member active in a bona-fide taxpayers association.
• At least two (2) members of the community at-large.
5.2 Qualification Standards:
(a) To be a qualified person, he or she must be at least 18 years of age.

(b) The Committee shall not include any employee, official of the District, any vendor, contractor or consultant of the District.
5.3 Ethics: Conflicts of Interest:
Members of the Committee are subject to Articles 4 (commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code. Further, each member shall comply with the Committee Ethics Policy attached as “Attachment A” to these amended and restated bylaws.
5.4 Term:
Except as otherwise provided herein, each member shall serve a term of three (3) years, commencing as of the date of appointment by the Board. No member may serve more than three (3) consecutive terms. At the Committee's first meeting, members will draw lots to select a minimum of three members to serve for an initial two (2) year term and the remaining members for an initial three (3) year term. Members whose term has expired may continue to serve on the Committee until a successor has been appointed by the Board.
5.5 Appointment:
Members of the Committee shall be appointed by the Board through the following process: (a) the District shall advertise for members in accordance with its customary practices, including through local newspapers and the District website; (b) appropriate local groups will be solicited for applications; (c) the Superintendent will review the applications; and (d) the Superintendent will make recommendations to the Board.
5.6 Removal; Vacancy:
The Board may remove any Committee member for any reason, including failure to attend two consecutive Committee meetings without reasonable excuse or for failure to comply with the Committee Bylaws or Ethics Policy. Upon a member's removal, his or her seat shall be declared vacant. The Board, in accordance with the established appointment process shall seek to fill any vacancies on the Committee. The District shall seek to fill vacancies within 90 days.
5.7 Compensation:
The Committee members shall not be compensated for their services. 5.8 Authority of Members:
(a) Committee members shall not have the authority to direct staff of the District;
(b) Individual members of the Committee retain the right to address the Board, either on behalf of the Committee or as an individual;
(c) the Committee shall not establish subcommittees of the Committee for any purpose; and
(d) the Committee and its members shall have the right to request and receive only copies of reports and records relating to the Measure’s projects which have been prepared for the Board and which have become a public record.

Section 6 Meetings of the Committee.
6.1 Regular Meetings:
The Committee is required to meet at least once a year including an annual organizational meeting, but shall not meet more frequently than quarterly.
6.2 Location:
All meetings shall be held within the jurisdiction of the San Bruno Park School District.
6.3 Procedures:
All meetings shall be open to the public in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. Meetings shall be conducted according to such additional procedural rules as the Committee may adopt. A majority of the number of Committee members shall constitute a quorum for the transaction of any business.
Section 7 District Support.
7.1 The District shall provide to the Committee necessary technical and administrative assistance as follows:
(a) preparation of and posting of public notices as required by the Brown Act, ensuring that all notices to the public are provided in the same manner as notices regarding meetings of the District Board;
(b) provision of a meeting room, including any necessary audio/visual equipment;
(c) preparation and copies of any documentary meeting materials, such as agendas and reports:
(d) retention of all Committee records, and providing public access to such records on an Internet website maintained by the District and:
(e) District staff and/or District consultants shall attend all Committee proceedings in order to report on the status of projects and the expenditures of bond proceeds.
Section 8 Reports;
In addition to the Annual Report required in Section 3.3, the Committee may report to the
Board from time to time in order to advise the Board on the activities of the Committee.
Section 9 Officers:
The Superintendent shall appoint the initial Chair of the Committee to serve a one-year term as Chair. Thereafter the Committee shall elect the Chair and a Vice-Chair who shall act as Chair only when the Chair is absent. No person shall serve as chair for more than two consecutive years.
Section 10 Amendment of Bylaws:
Any amendment to these Bylaws shall be approved by a majority vote of the Board.

Section 11 Termination:
The Committee shall automatically terminate and disband concurrently with the Committee’s submission of its final Annual Report which reflects the final accounting of the expenditure of all Measure X bond monies.

CITIZENS' BOND OVERSIGHT COMMITTEE ETHICS POLICY STATEMENT

Attachment A:
This Ethics Policy Statement provides general guidelines for Committee members to follow in carrying out their roles. Not all ethical issues that Committee members face are covered in this Statement. However, this Statement captures some of the critical areas that help define ethical and professional conduct for Committee members. The provisions of this Statement were developed from existing laws, rules, policies and procedures as well as from concepts that define generally accepted good business practices. Committee members are expected to strictly adhere to the provisions of this Ethics Policy.
POLICY
• CONFLICT OF INTEREST. A Committee member shall not make or influence a District decision related to:
o (1) any contract funded by bond proceeds; or
o (2) any construction project which will benefit the Committee member's outside employment, business, or a personal finance or benefit an immediate family member, such as a spouse, child or parent.
• OUTSIDE EMPLOYMENT. A Committee member shall not use his or her authority over a particular matter to negotiate future employment with any person or organization that relates to:
o (1) any contract funded by bond proceeds, or
o (2) any construction project. A Committee member shall not influence a District decision related to any construction project involving the interest of a person with whom the member has an agreement concerning current or future employment, or remuneration of any kind. For a period of two (2) years after leaving the Committee, a former Committee member may not represent any person or organization for compensation in connection with any matter pending before the District that, as a Committee member, he or she participated in personally and substantially. Specifically, for a period of two (2) years after leaving the Committee, a former Committee member and the companies and businesses for which the member works shall be prohibited from contracting with the District with respect to:
o (1) bidding on projects funded by the bond proceeds; and
o (2) any construction project.
• COMMITMENT TO UPHOLD LAW. A Committee member shall uphold the federal and California Constitutions, the laws and regulations of the United States and the State of California (particularly the Education Code) and all other applicable government entities, and the policies, procedures, rules and regulations of the San Bruno Park School District.
• COMMITMENT TO DISTRICT. A Committee member shall place the interests of the District above any personal or business interest of the member.

CBOC MEETING DATES
ATTENDING NO REPLY UNSURE
Wednesday, August 28, 2019

Wednesday, November 20, 2019

Wednesday, February 26, 2020

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kmartinez@sbpsd.k12.ca.us - 650-515-7928

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