Eva Petty: Okay. Do we notice if anyone else's waiting are looking to come in.
Sorry about that.
Eva Petty: Um, OK. So I'll call the meeting to
Order.
Eva Petty: Hi everyone.
Eva Petty: Sort of business.
Eva Petty: Will be starting off with the Pledge of Allegiance.
Eva Petty: So where ever you believe there may be a flag.
Eva Petty: Just go ahead and place your
Eva Petty: I'm sorry. Oh yeah, just there's I live on a very patriotic Street. So all I have to do is just look out the window.
Eva Petty: Alright so raise your hand. Um, I pledge allegiance to the flag of the United States of America.
Mary Figueroa iPad: And
Eva Petty: To the Republic for you.
Eva Petty: Nation.
Eva Petty: Under God
Eva Petty: Indivisible, with liberty.
Eva Petty: And justice for all.
Eva Petty: Okay. Um, so the first thing what we want to do this. The first agenda item is to select a chair. Um, do we have any nominations
Patricia: Hi this is Patricia rentals and
Patricia: I had spoken earlier to
Patricia: Bosnia to see if she would be interested. And she said she was, and I think she expects to join us if she's not already on. So I would like to nominate Claudia Rizvi for chair.
Eva Petty: Does is are there any other nominations
Philip Falcone: No, no, I can you hear me. Vice Chair petty can
Philip Falcone: I can. Okay.
Philip Falcone: I would like to nominate up
Philip Falcone: I would like to nominate a committee member or an Avery for chair, please.
Eva Petty: Okay, so we have Fazio Rizvi and Warren Avery nominated for chair.
Eva Petty: Do we have
Eva Petty: Any other nominations currently going
Philip Falcone: And we need, of course, a second on some of these nominations to
Eva Petty: Okay, so for thought. I'm so sorry if I mispronounced fuzzy
Eva Petty: All who vote for Fozzie say I
Eva Petty: I am so sorry.
Eva Petty: I have to apologize.
Eva Petty: My heart is in my neck right now.
warrenavery: Deep breath. You're all good. You're doing great.
Okay.
Eva Petty: Um, the second the motion for classy.
Eva Petty: Okay, second
Eva Petty: There was one I did hear one
Eva Petty: Okay and I'm for Warren
Eva Petty: To second nomination for Warren
warrenavery: And I guess I'll second. For myself, just so I don't look like I went out without a second I mean jeez.
warrenavery: Right, but just
Philip Falcone: Are all of our board of all our committee members present because, um, it seems unusual. We haven't gotten we
Philip Falcone: Maybe we should have done a roll call first I was like I don't know who's let me. Like I said, look at the participants, but want to see if we have we have members. So we should be able to have up
Philip Falcone: There. Okay.
warrenavery: Yeah, just to establish a quorum. Maybe that we have enough
Yeah.
Eva Petty: Okay, that's, that's also, um, I noticed that. And I don't know if it might be a technical issue but Dwight Tate, it continues to say that it's connecting to auto I'm an audio.
Eva Petty: So he may have some technical issues.
Eva Petty: And then I'm okay. So, committee members and
Eva Petty: Confirm your
Eva Petty: Presence. So by share even here, Philip balcony.
Philip Falcone: Yes, I'm here.
Eva Petty: Okay, Warren. Avery.
Eva Petty: Here, um, I, I believe that Dwight is here. I can see them, but I don't know if he's if we can hear them.
Eva Petty: And then Patricia rentals.
Eva Petty: Here. Thank you. I'm Mike ball Michael Ball.
And
Dwight: This is why I am on my phone. Okay. Hi, Dwight.
Eva Petty: Okay, so you're here.
Eva Petty: All right. And then, so I didn't catch is Mike ball in
Eva Petty: In
Eva Petty: Okay, so we don't have
Eva Petty: Mike and and Fozzie
Patricia: I'm hearing
Patricia: I'm hearing. She might be on the YouTube station, instead of having called in
Renee Vigil: Here I just texted her to to to get onto the login for the zoom call
Eva Petty: Yeah, I was a little confused myself. Okay.
Eva Petty: Okay.
Eva Petty: Has anyone heard from Mr ball.
Rebeccah Goldware: I just sent him a message.
Eva Petty: Thank you, Rebecca.
warrenavery: Just as a as a question. I mean,
warrenavery: We, we hope that I hope that
warrenavery: Miss Rizvi and Mr bowler both joining. How long do we, because we have five right we have five here. So we do have a quorum, so
warrenavery: Just in the interest of everybody's time that the the 20 people that are on the call, you know, currently here staff and and otherwise.
warrenavery: Yeah.
warrenavery: Everybody's time. How long do we
warrenavery: How long do we give that is that a vice chair pays decision.
warrenavery: Or do we just is there.
warrenavery: How long do we wait I guess being the RCC right Professor doesn't show up a couple minutes. Everybody, everybody gets to leave class right so
warrenavery: Are we in the same
Eva Petty: We all receive credit
warrenavery: Right. You know, I mean, maybe some people waited longer I was the 10 minute guy myself. I was like, all right now but
Eva Petty: Basia made it
Eva Petty: You're, you're on mute. Miss you're on mute. Miss Basia
Fauzia Rizvi: I apologize.
Fauzia Rizvi: I said I'm sorry to make everybody. Wait, I apologize. Trying having logging issues.
Eva Petty: It's
Eva Petty: Okay, so
Eva Petty: Fuzzy and Miss Patricia had
Eva Petty: She had nominated you for chair and. So just going back
Eva Petty: I was
Eva Petty: Looking for second.
Eva Petty: The motion to elect Jewish chair.
Eva Petty: So we can just restart that again. So in so all second for Fawzia
Eva Petty: Put your should
Renee Vigil: I was
Renee Vigil: Looking second
Eva Petty: Okay, so we have, but we do have one second, Patricia seconds the
Eva Petty: The motion to nominate Plaza. Do we have a second I'm sorry she nominated, but we need a second. Do we have a second
Eva Petty: Okay.
Fauzia Rizvi: In a second. Can I say can
Fauzia Rizvi: I
Learn
warrenavery: I second in my you so you're all good. We're fine.
Okay.
Eva Petty: Okay, so we
Eva Petty: So petition nominated pasa pasa second the nomination. Next we have worn Philip had us Philip had nominated Warren and Warren second. And so now we have
Eva Petty: One in. Is there anyone that will
Eva Petty: Go for Lauren
Eva Petty: On terminology
Philip Falcone: Or you call it for calling for a vote.
Eva Petty: Yes, I'm calling for about four Warren
Philip Falcone: Okay, and then go in and make a roll call. We can vote that way.
Eva Petty: Okay so real call. We'll start with Patricia Reynolds
Eva Petty: Your vote.
Patricia: No.
Eva Petty: Okay.
Eva Petty: For
Eva Petty: Two white
Tate
Dwight: No. Okay.
For
Eva Petty: See, Philip balcony.
Philip Falcone: Yes.
Eva Petty: For fossa risky.
No.
Eva Petty: Did I get everyone in the committee.
Philip Falcone: Now you have you and
Eva Petty: Oh, and then there's myself about
Eva Petty: I vote yes
Eva Petty: For Warren. Okay, and then I'll call to vote for fascia.
warrenavery: And I'll just read sure I vote I vote yes for
warrenavery: For myself, Eva, you didn't call on me and you should probably just call on Mr. Wall, just to make sure he's not there. So unless we've already established that he is not present, and we don't need to call his, his name. I don't know how that works.
Rebeccah Goldware: I can affirm to you that he is not on because he is trying to get the piece on the YouTube access. So he is. He is not on this, like, as I brought up so
Okay.
Eva Petty: In that case, do we still do we still wait
Eva Petty: Okay.
Philip Falcone: You have a forum so we're good to go.
Eva Petty: Okay, alright. So, moving to a
Eva Petty: So that's 343 vote for yes for Warren. OK. And then so for Fazio we will copper vote, starting with Patricia rentals.
Eva Petty: Yes. Okay.
Eva Petty: For Dwight Tate
Eva Petty: Philip, Connie.
Know,
Eva Petty: Warren every
Know,
Eva Petty: And then myself.
Eva Petty: No.
Eva Petty: I believe that the that's a tie.
warrenavery: Misery you forgotten history.
Eva Petty: Yes, I miss was be. I'm so sorry.
Fauzia Rizvi: Misery has been no, it's okay.
Fauzia Rizvi: Even back line.
Eva Petty: This would have to happen. Um,
Okay, so
Rebeccah Goldware: I have a clarifying question, point of order, and I don't know who is a parliamentarian, and I
Rebeccah Goldware: Forgive me if I need to look this up but as the chair and does the chair vote in the action that is happening or does the chair take action. Okay, I was asking a clarifying question. I see. Philip. Thank you.
Philip Falcone: Yeah, sure. Does vote.
Eva Petty: Okay, so the votes are tied
Eva Petty: If I'm not mistaken, and I do the count. Right. Yeah.
Eva Petty: So this wasn't as cut and dry as I thought it was
Philip Falcone: Going
Eva Petty: To be. I apologize for my lack of education on
Eva Petty: What we do next. So maybe Phillip or Warren or fozia or Patricia. If any of you have
Eva Petty: Any experience on what we do next. If there's a tight.
warrenavery: I'm unsure, in this case.
Patricia: I'm assuming it might be in the bylaws. And that's normally where election rules are kept.
David Casnocha: Excuse me. This is David casnocha bylaws done or dress a tie, but my suggestion would be that since you have a seventh member who is trying to join the meeting and that vote is going to represent the
David Casnocha: Tie breaking vote that you just move on to the next agenda item and come back to this when the, when the person who's trying to get in joins and then you can have him cast a vote for either of the two candidates and that will determine the winner.
warrenavery: And let's just say right that's. That sounds like a great plan if he does not show up right if he does not. And it looks like he's trying to log in.
Philip Falcone: Hi. My so bring mike up to speed.
Eva Petty: You know, Philip. Gosh darn it. Okay, so you're on. Okay, Mike. So we're we're voting to select chair. We have fascia and Warren I'm nominated and there and it's tight so I will
Eva Petty: Ask you, will you vote for Warren
Eva Petty: Would that be yes or no.
Eva Petty: And you're on mute.
David Casnocha: Maybe you should just ask between the two candidates, which would
David Casnocha: Prefer to vote yes for. And then there's a
Mike Vahl: Wobble for Warren
Eva Petty: Okay, so, um, so between fuzzier and Warren, you're going from one
Mike Vahl: Sure that sounds fine.
warrenavery: OK.
Eva Petty: So,
Eva Petty: The selection of the chair, it will be. I believe that it's a four votes for votes to three Warren, you have been nominated chair for all those on
Eva Petty: Saying I
warrenavery: Have been voted done
warrenavery: So I appreciate it. Alright, so I guess we'll just. We'll just move on going here. So, uh,
warrenavery: So Next on the agenda, then, is public comment. I understand that the public comments need to be written so
warrenavery: Is that Renee, or is that you miss cold where that has the public comments to be read.
warrenavery: Is that I'll refer to whoever on staff receive those comments to read them three them now.
Rebeccah Goldware: Sure. At this point, as of this point and you can correct me if I'm wrong. We have received no public comment.
Renee Vigil: That is correct. I just checked the email. Again, we haven't received any public comment.
warrenavery: Okay.
warrenavery: I am going to, I don't see it in the agenda. So I'm going to give this time for any committee members that if you have a comment to me because there was a I see a lot of times in meetings at the end of it.
warrenavery: Where if a committee member has anything updates or anything they would like to say, I'll give it that time now. So if you do raise your hand and I'll call on you. If you have any comments to add
warrenavery: All right, all right, Mr. Miss Falcon.
Philip Falcone: I couldn't find my raise hand button fast enough. I am having some Wi Fi connectivity issues. So I'm going to try that connection to my phone in a minute here.
Philip Falcone: Have a can. Everyone's still hear me, I know my wife has been kind of spotty today. Okay. Thanks. Good. I had a question of, I think it's of staff is it. Do we no longer accept
Philip Falcone: comments from the public in real time. Is it, I noticed on the agenda, it says public comments must be submitted electronically before noon, the day of the meeting of is that the only method of public comment.
Philip Falcone: That we allow know
Rebeccah Goldware: Hey, we are following this structure that the Board of Trustees is following and there is a timeline for receiving request for public comment. It does not require that it had to be
Rebeccah Goldware: We had to receive the email but their comment does not have to be
Rebeccah Goldware: Written so they could be. It allows us to give them, whoever the public is access to this meeting.
Rebeccah Goldware: With that with security measures in place. So we're following the same structure that the Board of Trustees is following. Having said that, I did ask Renee to as she just did.
Rebeccah Goldware: To affirm that when we got to the point of public comment I during the agenda today. We had addressed anything that had come through, whether it had been passed that timeline or not.
Philip Falcone: Okay, so someone wants to comment, they would just, they would send it for the time being, of course, while we're meeting virtually they would send an email to request a link to then speak to the public comment if they want to speak if they don't want to do an email.
Dwight: Correct, correct.
Philip Falcone: Okay, thank you. Because I wanted to make sure that we're having, especially since being that the citizens, go and make sure we have as many options for people to be involved the community to be
Philip Falcone: Involved as possible. So, okay. Thank you for clarifying that. I appreciate that.
warrenavery: And I will just as a follow up to medium inner Falco, and if there is a way that we can do, whether it be a call in line. I know some other cities where maybe they're not doing a zoom because I understand the security issues around
warrenavery: Zoom and and somebody
warrenavery: sabotaging. That way I don't, that's the right word to use, but that way if there's a way to do a call in number. I think that that would be appropriate moving forward. I believed it like Philip said, we are representatives of our community and the citizens and
warrenavery: So if we can do that for the next meeting, I would ask the staff to look into a way that we can have a call in number.
Mike Vahl: Well, the
Mike Vahl: War that are
warrenavery: Not part of the zoom, zoom, zoom
Mike Vahl: Was a function of zoom is there's a call in numbers. So because not everybody uses cameras so you can have it right on the number and it'll just have a black screen with a phone number underneath it.
Rebeccah Goldware: So that's the same structure we
Rebeccah Goldware: Took to number balls point that structure would be the same in terms of us giving them access to the meeting, but I do know that the district more broadly to
Rebeccah Goldware: To provide as you were pointing out access to the public and the Board of Trustees meetings that is something that we are actively looking at from the district perspective. So if, when we have a solution there we will
Rebeccah Goldware: Borrow it and duplicate it for these meetings and but those meetings happen more regularly. So I'm I'm letting them do a little bit more of a heavy lift and we'll appropriate that process, whenever we can. But we, that is an active thing that the district is looking at as well.
warrenavery: All right. Yeah, I mean bra. The city, the city of Riverside number. So I know they do for their city council means whatever I just
warrenavery: I just want to put that out there and say that I'd like to formally ask. I don't know how that works. But formally asked it at the next meeting.
warrenavery: We have a option for people to call in at the meeting time and not have to email by 12 o'clock, and I appreciate Renee, looking at the email box now but I just like for something in the future. So, okay. Any other comments from any of the other committee members at this point.
warrenavery: Okay. See none, that we will move on to the next item on the agenda, which is where to trust the president, Miss figure. Oh.
Mary Figueroa iPad: Thank you.
Mary Figueroa iPad: First of all, on behalf of the Board of Trustees, let me say thank you for the fact that you're taking this time on to be a representative for the community on this particular committee.
Mary Figueroa iPad: This committee, believe it or not, was formed.
Mary Figueroa iPad: At a time when I was actually President of the Board of Trustees at the very onset and
Mary Figueroa iPad: When we passed measure see at the very beginning.
Mary Figueroa iPad: That being said, I was the one at the very start, who appointed the very first chair because at that time we had just kicked off the committee.
Mary Figueroa iPad: We had gotten the members on board. And so it was up to the President of the Board of Trustees, in order to select the chair I selected Virginia Blumenthal and she was one of the members that had applied for the committee.
Mary Figueroa iPad: In fact, it was part of partly what led her to come on to the Board of Trustees subsequently in years to follow.
Mary Figueroa iPad: The reason that I had chosen Virginia was based on the fact that
Mary Figueroa iPad: We needed to give the committee credibility, we needed to give it a reputation measure see at that time was 350 million dollars. It was the most amount of money that anything in this particular area, especially for education had seen
Mary Figueroa iPad: And so we wanted to ensure that the committee had the trust of the community, because that's basically where you're at.
Mary Figueroa iPad: You are the voice of the community on these fiscal matters that involve the bond money and I have to tell you that
Mary Figueroa iPad: Historically, over the years, other districts have gotten in trouble with bond money there has been issues here and there in different districts and
Mary Figueroa iPad: We have with our current structure with you as the bond committee oversight, have been able to not fall into that aspect we have you there in order to give us advice on. Do you see that there's a problem. Do you see
Mary Figueroa iPad: Concerns that's, that's your role. And so the Board of Trustees takes it very
Mary Figueroa iPad: Seriously, when we have the annual report that comes in and you come to our board meetings and you give us the annual report, and we do take a look at it and we do read it and we do depend on the fact that you're giving us that additional oversight and that additional input.
Mary Figueroa iPad: I have to indicate to you that it is one of the ones, especially right now during the current climate that has been
Mary Figueroa iPad: I'm going to say manifested across the nation. There's a lot of attention, a lot of attention on taxpayer money.
Mary Figueroa iPad: And the taxpayers want to know what's happening with their money and they want to know, are they is it being handled the way it's supposed to be.
Mary Figueroa iPad: On and that's your role, your role is to ensure that this district is doing what it's supposed to do with the money that it was entrusted with
Mary Figueroa iPad: And then bring it to the attention of the Board of Trustees, because ultimately, the Board of Trustees, we are the ones that are elected by the community in order to do the fiscal and the financial oversight of the district.
Mary Figueroa iPad: So, in tandem were a partnership, we're working together and you all have incredible backgrounds. You all have your own reputations in the community.
Mary Figueroa iPad: Each one of you at some point or another, is well known. And it's that kind of trust that the community needs to see. And it's that kind of reputation that the community needs to know is there.
Mary Figueroa iPad: So I have to say that I want to thank you. I know it's time consuming. I know that it takes a lot of time and then on top of that, it also is a challenge because of the, the new format of the zoom meeting. We can't get together.
Mary Figueroa iPad: I appreciate the comment earlier about the public input. It is definitely, as Mr. Vice Chancellor gold where indicated
Mary Figueroa iPad: It is definitely something that the Board of Trustees is even still trying to work through to ensure that the public does have
Mary Figueroa iPad: That access to their representatives and so that they can end up bringing
Mary Figueroa iPad: Questions and comments. And so we are still looking at it and of course whenever you're looking at something, there's always going to be a security issue because
Mary Figueroa iPad: There's got to be somebody out there that decides that they're going to end up messing it up for everybody else because they want to do something that's, you know, unethical. But we are continuing that that that
Mary Figueroa iPad: Structure and we will definitely get back with you, Vice Chancellor Cold War is there at our board meetings all the time. So once we make a change. And we said, we tried a couple of
Mary Figueroa iPad: Sessions bad, but it didn't quite work out. So we'll try another one. And hopefully, then it will be something that you can also copy into likewise.
Mary Figueroa iPad: But again, I don't want to take up all your time. I know you've got a full agenda. I was looking at it.
Mary Figueroa iPad: But I did want to come in and I did want to take this time to kick off your new your new committee that you have with your new members.
Mary Figueroa iPad: That have just come on, I want to wish you a lot of luck and please let us know if there's anything that you need the staff. I know is incredibly
Mary Figueroa iPad: Available to you for whatever it is that you might need information wise or or whatever. And we're always here also. So if you need to call and talk to one of us, by all means.
Mary Figueroa iPad: Just let us know what it is that we can do to help you. So again, on behalf of the Board. I want to thank you for the time that you're taking in order to do this, and we appreciate all the time that
Mary Figueroa iPad: That you're doing for the community and for the district. So thank you very much and have a really good meeting, I see that it's a long one. So good luck.
warrenavery: All right. Thank you very much, Mr grow. Thank you for your comments.
warrenavery: Okay. Um, we will move on. I understand might be some people that have asked to join as a public comment.
warrenavery: I'm okay with that. If someone if if you want to give access to that link that's allowed, then I'm okay with it for a public comment point of view.
warrenavery: So you can pass along that link. Let me know when they're on and I can come back to it. Just to let everybody know what's going on, that was brought up. So we'll wait for that person to come on the zoom. Then we'll go back to them for a public comment, but in the interest of time.
warrenavery: I am going to move on to the next section on the agenda, which is the bylaws. And I know we had a lots of great discussion, the last meeting.
warrenavery: So we will move on to it looks like there's a staff presentation so machines are gold. Where is that you or someone else from the staff, who's doing that presentation.
Rebeccah Goldware: I'm going to go ahead and open this and so thank you for every I'm. Do you want me to keep going, well, Renee is providing access
warrenavery: Or I don't know how long it's
warrenavery: Gonna take, I just don't want to be sitting around here. Right. I want to be respectful of every time you keep things moving in it you know expedient manner. So if it's going to happen right away, great, but I just don't want to.
warrenavery: Say you're all twiddling our thumbs when
Rebeccah Goldware: We just be sure
Rebeccah Goldware: Okay, sure. So thank you. I'll just ignore them.
Rebeccah Goldware: And it's been discussed
Rebeccah Goldware: With this group to have a better understanding of our bylaws, and the operation of the CBC
Rebeccah Goldware: My appreciation of Trustee for growth for her comments to help set up the stage and my thanks to David Casanova
Rebeccah Goldware: RCC von Council who I will turn the presentation over to shortly.
Rebeccah Goldware: During one on one conversations that I had with each of you as you join the are CCD citizens bond oversight committee I shared with you, historical documents were information could be found.
Rebeccah Goldware: And addressed any questions or concerns that you may have had I continue to be a resource for you, along with the team that is here and as you continue to do this important work.
Rebeccah Goldware: There are a few specific areas that I'd like to highlight and we're staff can be of assistance to each of you as you fulfill your roles.
Rebeccah Goldware: As you know, this committee is established by the RCC the Board of Trustees as trust you figure out pointed out, including the appointments of its members like you all
Rebeccah Goldware: You each one of the required seats to ensure representation across the community with the primary role to review expenditures for measure C and report that information out.
Rebeccah Goldware: One of the ways to ensure transparency is to follow Brown Act, which this committee is bound to in essence that staff helps to ensure transparency by making meetings publicly available.
Rebeccah Goldware: If you'd like to learn more about Rannoch we can provide you resource information.
Rebeccah Goldware: Staff is here to assist so pleasing the truth. That's when you have questions, a CBC at RCC d.edu email was established to ensure timely review and response of any inquiry. That's received
Rebeccah Goldware: At this time I'd like to ask David customer was struggling yoga Carlson and rough as the RCC de bond council to share more depth and clarity on the roles and responsibilities for the CBC, David.
David Casnocha: Thank you.
David Casnocha: Have attended the last couple of your meetings, although
David Casnocha: Didn't have the need to speak, but I'm here today to give you from the district's point of view and from the larger legal perspective what the role of a bond oversight committee is
David Casnocha: So I'm going to start with a 32nd history of Community College finance, which is as follows. Once upon a time, many years ago community college districts could pass local school bonds for facilities that power was lost in 1978 because of Proposition 13
David Casnocha: From 1978 to 1986 there were no school bonds for community colleges RCC and other colleges did non-voter approve borrowings that were payable from the general fund.
David Casnocha: And they use those borrowings for capital facility improvements in 1986 the constitution was amended, allowing for geo bonds to be passed with two thirds vote or approval on the condition that the bond proceeds be used for the acquisition and improvement of real property.
David Casnocha: That 19 86th amendment to the Constitution required two thirds vote or approval and some community college districts past bonds between 1986 and 2000 at that level.
David Casnocha: But during those years there was an intense debate among the school community as to whether or not that was the fair and appropriate threshold to pass a local general obligation bond.
David Casnocha: And that debate culminated in 2000 with another amendment to the California Constitution, providing alternative authority for a community college district to pass a local bond. It was called prop 39
David Casnocha: And in order to pass a prop 39 bond, a district needed two thirds vote or approval of its Governing Board to place the measure on the ballot.
David Casnocha: Get 55% of the voter approval approval and then follow the legislation that was called the prop 39 enabling legislation which legislation was enacted into the government code condition on the passage of Proposition 39
David Casnocha: And so the Constitution and the enabling legislation passed by the state legislature established as the requirements for a prop 39 bond.
David Casnocha: That community college districts couldn't issue bonds. If the estimated tax rate was going to be more than $25 per 100,000
David Casnocha: That it would agree to provide annual financial and performance audits that it would provide the voters, a project list concurrently with the election.
David Casnocha: And that it would establish populate and empower your citizen bond oversight committee and grant to that committee. The powers that the state legislature defined in the education code.
David Casnocha: And the importance of that history is that the statutory framework for a bond oversight committee comes from the state legislature, because the topic of overseeing school bonds is a matter of statewide concern.
David Casnocha: It's not a matter of local concern and as a consequence of that boards of trustees, a community college districts
David Casnocha: Enact bylaws that track the provisions of the education code and no Community College District
David Casnocha: Customize is the bylaws to expand or contract the powers, because the powers have been set in the education code.
David Casnocha: And that's the framework in which the meaning of the bylaws, and the functions of the committee, need to be interpreted around
David Casnocha: And so the interpretation starts with the name of your committee, which is an independent citizens bond Oversight Committee, and I know you've been debating two of those words in recent times, the word independent and the word oversight. What are those words mean.
David Casnocha: So the word oversight means not advisory, you are not in advisory committee to the Board of Trustees.
David Casnocha: And you like not being it advisory committee because advisory committees need to file a Form 700 conflict of interest statement WITH THE FAIR POLITICAL PRACTICES COMMISSION each year.
David Casnocha: oversight committees are not subject to that requirement because you're not providing advice to elected officials. So you perform an oversight function.
David Casnocha: The second word independent. What does it mean to be an independent committee, which has been a topic that you all have kicked around in the last month or two.
David Casnocha: I think it means two things. Number one, because the committee is a creature of state statute, it was formed by the board of trustees.
David Casnocha: The Board of Trustees approved its bylaws, which are your bylaws and appoints the members to the committee.
David Casnocha: The first element of being independent means you have to be able to perform your function without interference by the legislative body that you are a committee of so the Board of Trustees.
David Casnocha: So independent in one sense means perform your functions without interference by the board of trustees.
David Casnocha: The second meeting of independent comes from a provision of the ED code that says there can be no conflicts of interest associated with members of the Oversight Committee.
David Casnocha: And therefore, you can't be a district employee, you can't be a district vendor. You can't be on the governing board of the Board of Trustees, you can't have a conflict of interest.
David Casnocha: So that's what it means to be independent, free of interference by the Board of Trustees and no conflicts of interest by the members of the committee that would thwart your ability to objectively and independently review the expenditure of bond funds and so
David Casnocha: Independent has never met and will never mean free, free from the constraints of the statewide statutory chat charges for a bond oversight committee.
David Casnocha: And I think that you will no oversight committee is able to forge its own path and decide for itself what its objectives and goals are the functions of the committee have to be within the statutory framework.
David Casnocha: So having said that, I'm going to summarize for you a few sections of the bylaws, which I think you've been probably most worried about, I don't know whether or not you have copies of the bylaws handy. I think Rebecca was going to send them out to you.
warrenavery: They were included in our agenda packet
Okay.
David Casnocha: So I guess my first time it is in section one, the committee does not have independent legal capacity from the district that's just a reminder
David Casnocha: That you are a committee formed by the board of trustees. You're not an independent entity independent from the district section to your subject of the Brown Act. You guys have heard that already today.
David Casnocha: Section. Number three is the core element of what your responsibilities are the most important what is found in section three point to
David Casnocha: The committee shall review expenditure reports produced by the district to ensure that bond proceeds were expanded only for the purposes set forth in measure see. So how do you know whether or not expenses were produced
David Casnocha: By the district. How do you know that bond proceeds were expended only for the purposes of measure. See, that's why. Rebecca attached to your agenda item.
David Casnocha: The ballot language for measure C, and that includes both a 75 words statement, which is the shorter version of measure see
David Casnocha: The operative words are repair acquire construct equip building sites classrooms, such as your threshold question is, is this expenditure for the repair acquisition construction equipping of buildings sites and classrooms, yes or no.
David Casnocha: The second and longer version of measure C is the bond project list that appeared in the sample ballot for all voters.
David Casnocha: You can read that at your leisure. It has a lot of different examples of the types of projects, the thing that is most important about the bond project list.
David Casnocha: Is that topics been litigated, a number of times in various ports, the California appellate court is the landmark case involving fidelity danza Community College.
David Casnocha: They were challenged by a taxpayer their bond was a prop 39 bond, but it did not get two thirds support it got more than 55%. The challenge was that the bond project list was very broad and that and the taxpayer argued
David Casnocha: Essentially any project on Earth could be authorized by their bond and therefore, it failed the project specificity test of prop 39 the Court rejected that view and said in deciding the lawful expenditure of bond proceeds.
David Casnocha: The project list prepared principally for the benefit of the Oversight Committee and the independent auditors and not as a promise to voters.
David Casnocha: Authorizes the types of projects that are described in the list. So when you look at an expenditure report. You don't have to find a word.
David Casnocha: In the expenditure report that matches a word in the bond project list as presented to the voters.
David Casnocha: So long as the expenditure report describes a project which is the type of project that was described in the bond project list at the voters that approved.
David Casnocha: So that's the interpretive rule that the California appellate courts have applied to the interpretation to the bond project list and the rationale was
David Casnocha: That like riverside when you pass a bond in 2004 and you're still accessing bond phones, what may have been in the courts might a roof repair job in 2004
David Casnocha: Is now a tear down in 2020 when the college is finally able to access bond funds for a particular project and the court argued
David Casnocha: In rule that districts need flexibility and adapting to the changing circumstances that occurred during the history of a bond program, particularly for a larger one like Riverside's was in 2004
David Casnocha: So that's why they adopted this type of project test to ensure more flexibility to a district in the expenditure of bond funds. So that's one half of 3.2
David Casnocha: The other half is you have to satisfy yourself that no bond proceeds were used for inappropriate teacher or administrator salaries or other operating expenses.
David Casnocha: So that's an express provision and prop 39 no teacher or administrator salaries or other operating expenses. So in in 2000 when this when this became the law, I said, that means no staff salaries can be paid out of a prop 39 bucks.
David Casnocha: And that all services with respect to a bond have to be outsourced to a third party.
David Casnocha: Districts didn't like that advice because third party vendors are more expensive performing certain functions then district employees being paid a public wage.
David Casnocha: For years after prop 39 was passed the attorney general rules as to the meaning of admitted no teacher or administrator salaries or other operating expenses and held that
David Casnocha: If a district employee meets the but for test, but for measure. See that employee would not be performing his or her job with respect to the bond program, whether it's a secretarial job and accounting job.
David Casnocha: A project oversight job, regardless of what it was. If you met the but for test, you are not an administrator
David Casnocha: And that's provided the legal authority for districts to elect to use district employees to provide certain functions so that if a member of the Oversight Committee season expenditure report.
David Casnocha: With staff salaries, the duty that you have is to ask the question that relate to having you meet the but for tests. So, for example,
David Casnocha: If 100% of Rebecca salary shows up on an expenditure report you would ask, what are your responsibilities at the district, other than assisting the bond oversight committee and if there's
David Casnocha: A list of job responsibilities that she has, then you'll know on the face of it that 100% of her salary couldn't be paid for by bonds.
David Casnocha: So the district has an obligation to account in some reasonable way to satisfy you that bond proceeds are not being used to pay administrator salaries that fail, but for test.
David Casnocha: The second principle responsibility of the Oversight Committee is to inform the public regarding your activities and what your conclusions are
David Casnocha: The Education Code if you refer to section 3.1 of the bylaws is only the first sentence, you shall inform the public regarding the expenditure of bond proceeds.
David Casnocha: I've written in myself. The next two sentences in fulfilling this duty all communications to the board or public shall come from the chair acting on behalf of the committee.
David Casnocha: And the chair show release information that reflects the majority view of the Committee.
David Casnocha: I did that because we had some community college oversight committee members who would show up at a city council meeting self identify as an oversight committee member
David Casnocha: And then the want to rent and no one in the public would know whether or not that was the view of the oversight committee or an individual expressing his personal opinions.
David Casnocha: And so the goal of informing the public is one that that advances both the good news and the bad news at the oversight committee, the law doesn't distinguish between information.
David Casnocha: That's critical of the district or laudatory of the district. If you feel on the merits that information either category is important to share
David Casnocha: I think that
David Casnocha: The law nor the bylaws tells you how best to inform the public, you have an obligation through the district to maintain a website that's one way to inform the public
David Casnocha: You have an obligation to prepare a written annual report, which is both posted on the website and available to the community. That's another way to inform
David Casnocha: But I think oversight committees have the freedom to facilitate informing the public, any way that they think is best, whether it's letters to the editor of the newspaper, whether it's requesting that the district.
David Casnocha: Include a letter from the oversight committee in a district released publication that's distributed throughout the Community.
David Casnocha: The district has an obligation to fund reasonable amounts of money associated with informing the public. So that's a topic to be debated by the committee as to how best to inform riverside of your activities and conclusions, the annual report, which is your third principle function.
David Casnocha: The committee has been preparing those obviously since 2005 so there's a long history of form. But if you're a relatively new committee and want to take a fresh look at the annual report.
David Casnocha: I think that's not a bad idea, and most colleges as staff at the district to provide them with samples of and reports from other colleges so that you can see what other people are doing.
David Casnocha: Adopt a format that's suitable for your own and either drafted yourself or in most cases district staff.
David Casnocha: Drafts an annual report and the oversight committee edits it changes it reforms it and votes to approve it.
David Casnocha: The key thing about an annual report is that the punch line has to be that the committee concludes that the bond proceeds that were spent during the preceding accounting period were for
David Casnocha: financing the construction acquisition repair furnishing and equipping of school facilities and not for teacher or administrator salaries, it has to include that conclusion and most oversight committees rely upon the results of the independent audit.
David Casnocha: to shore up their own reviews of expenditure reports that have been provided during the year.
David Casnocha: I'm going to go quickly because
David Casnocha: I want to be able to answer questions if you have any in Section 3.4 you'll just note as you read through these yourself. There's a lot of topics like a window a bond program that are not within the purview of the Oversight Committee, the approval of construction contracts change orders.
David Casnocha: project identification selling of bonds. But my attitude is
David Casnocha: You ought to be hearing about those topics, because you have a due diligence responsibility.
David Casnocha: To inquire as to, for example, on construction contracts. When you hear about a project was where the contracts competitively bid.
David Casnocha: What was the difference between the high bid and the low bid. Why was the bid that you accepted the bid that you accepted. Have you had any experience with this contractor before I think any types of
David Casnocha: Questions along those lines for
David Casnocha: Your own diligence perspective is appropriate, but if you don't like the answers.
David Casnocha: There's really no steps that you can take as a follow up to having the district.
David Casnocha: pursued the approval of construction contracts.
David Casnocha: Any way that they see fit and consistent with the public contracting laws change orders is another example.
David Casnocha: While you can't approve a change order and it's not reasonable to ask for copies of change orders. If I run the committee, I would ask the question.
David Casnocha: What has been your experience with change orders. Has it been high as it been low if it's high
David Casnocha: You know, what are you doing about it. What's the cause, because within prop 39 there's an anti waste element and part of the role of an oversight committee is to make sure that they've identified
David Casnocha: areas in which taxpayer funds are being wasted and so diligence questions on change orders, I think, are reasonable to ask
David Casnocha: And get informed about
David Casnocha: section for describes other authorized activities that the committee could undertake.
David Casnocha: The one that I think you'd find most interesting is Roman numeral for review efforts by the district to maximize bond proceeds by implementing various cost saving measures.
David Casnocha: So,
David Casnocha: That's your opportunity to ask the staff questions about, as I said earlier, competitive bidding of contracts reusing
David Casnocha: construction plans from other projects to save design costs join use agreements with other public agencies applying for state matching funds to reduce the share of local bond proceeds used for projects.
David Casnocha: Bidding out professional service contracts.
David Casnocha: I think that those sorts of questions are fair game for the district to respond to
David Casnocha: For the new members of the committee, the district has a an affirmative legal obligation to allow for committee members to inspect facilities or grounds where bond proceeds have been or will be spent.
David Casnocha: And if you ask the district has a duty to make an arrangement to provide the committee with a tour campus tour that reveals where major seed money is have been or will be spent.
David Casnocha: You're off also authorized to review scheduled maintenance proposals are plans, developed by the district. It's never been clear to me why the legislature, put that in, but
David Casnocha: Once upon a time, a number of years ago, the state used to fund deferred maintenance or scheduled maintenance of buildings, they don't do that anymore.
David Casnocha: But I think if I run a committee, I'd want to know that the district has thought about maintenance plans for for facilities that were funded with bond proceeds so that the Community.
David Casnocha: Doesn't face having to pay for a bond to build a building and then five years later, pay for another bond to maintain it and repair it. So I would probably ask questions about where the district gets it scheduled maintenance monies from and how our bond funded facilities.
David Casnocha: being maintained to extend their useful life.
David Casnocha: I want to make a quick comment about the membership on the committee because a number of you received a letter the other day, I imagine that from a sterling who asserted that today's meeting was in violation of State law.
David Casnocha: I disagree with that conclusion. I think the assertion was based on the belief that the committee does not have a bonafide a taxpayer organization member
David Casnocha: Is you'll see in Section 5.1 of the bylaws, the state legislature defined the mix, without giving
David Casnocha: Any more or less importance to any one of these seven members of the committee, a student enrolled and active in a community college support group.
David Casnocha: One member active in a business organization one member active in a senior citizen organization one member active and a bonafide a taxpayer Association one member active in a support organizations such as a foundation and to add large muscles.
David Casnocha: So, to the best of my knowledge, the district has a committee that satisfies
David Casnocha: Each of those criteria.
David Casnocha: And so long as there is a quorum president and notice in the meeting was properly, given this meeting is a lawful meeting. And to the degree that you disagree as to whether or not there is a bonafide a taxpayer Association representative on the committee. It's been my understanding that
David Casnocha: The determination as to what a bonafide a taxpayer association is is within the jurisdiction of the Board of Trustees and when they appoint a member
David Casnocha: Who has applied with that moniker in the application, they've made a determination that whatever the association was that was identified on the application.
David Casnocha: met their view of what a bona fide attacks Paris association is. And so the letter the email that you may have received challenging the
David Casnocha: Legal integrity of the meeting, I think, is without
David Casnocha: sort of bring in a closed the thing
David Casnocha: We talked about 5.3 you're not subject to form 705.4 you can serve three consecutive terms.
David Casnocha: There's a an application process that has to be followed.
David Casnocha: 5.6 allows the board to remove a committee member for any reason, including failure to attend two consecutive meetings without reasonable excuse to my knowledge, I've never heard of a Community College District removing a member of a bond oversight committee, I know riverside has not
David Casnocha: Section seven, the district is obligated to maintain a website for you, but you have the power to determine what's on that website so that website is going to be a vehicle for you to inform the public, then I think that
David Casnocha: You should have a look at that website and decide for yourself what more might be edit to that website to better inform the community of your activities.
David Casnocha: And then maybe lastly I'll just say and responding to the email that was sent around to you.
David Casnocha: There was an assertion that
David Casnocha: Riverside Community College is at risk for a court issuing a restraining order preventing the expenditure of bond funds for failing to properly maintain a committee in accordance with section 15 282. I think that's without merit, just so you can be assured that statute says that
David Casnocha: An injunction can be sought if a district willfully failed to appoint the citizens oversight committee in violation of the requirements of the education code. So you have a committee, it's in good standing. I think that the email that you received
David Casnocha: assumes that there is not a taxpayer representative on the Oversight Committee.
David Casnocha: And just conceding for the moment that that would be true for the sake of argument, but I think factually. It's not true. But if it were to be true.
David Casnocha: Would that result in a risk to the district of being vulnerable to an injunction being granted to prevent the future expenditure of bond funds and the answer is no.
David Casnocha: Because vacancies appear on oversight committees, all the time. And there's nothing special about a taxpayer rep versus a student rep versus a foundation rep versus a business rep.
David Casnocha: And so the duty that a college has in the event that they can see where do exist, is to continue to look for applicants to serve and feel that they can see
David Casnocha: If they fail to in good faith fill a vacancy, then I think they're vulnerable under the sentence that I just read
David Casnocha: But so long as they seek to fill vacancies. If they can cease to exist, then there's no way that a court with enjoying the expenditure upon proceeds, for the reasons that were stated in the email.
David Casnocha: And with that, I'll just close and be happy to answer questions.
David Casnocha: If you're already
warrenavery: Sorry, Mr Casanova, I just wanted to say thank you for your time putting that together. Nicole where thank you as well for your comments. At the beginning, appreciate both of you taking the time to do that.
warrenavery: I know I have a couple questions. I know we do have one speaker who joined he I mentioned that I would go back to them.
warrenavery: So, committee members. I'm going to go to the public comment that is in, and then I will go around the go around the horn and see if anybody has any questions for
warrenavery: Staff to what we just heard. So with that in mind, I believe the public speaker is Mr. Hunter, Mr Hunter. I will give you three minutes and I got my handy dandy stopwatch right here. So once you start speaking. I'll go ahead and start the start the time
Jason Hunter: Yeah, it's a lot of familiar faces I see out there, Jason. I just wanted to inform the Committee that the
Jason Hunter: The instructions on the agenda for public comment was that there was just email only for this meeting and it had to be provided three hours ahead of time. And I'm just, I'm curious as to when the chair or the committee made that change or did the district itself.
Dwight: Without authority and unilaterally just
Jason Hunter: Change how public comment is given to this committee. I think that's problematic because it's been proven in the past and I was the chair. I think I can make this determination that
Jason Hunter: You know, public comment the past was not really disruptive. It was handled it maybe not perfectly, but in a way that allowed the public to
Jason Hunter: Give direct and live public comment to this committee, I think you need to hear that. I think that's very important.
Jason Hunter: For the integrity of this committee and the trust of the community that its bond monies its tax money is being watched over. So I'd like to know how that change.
Jason Hunter: Was made. And then secondly, I'd like to address a couple other concerns. I HAD JUST KIND OF WATCHING THIS MEETING TODAY. The public was locked out of this meeting for the first five minutes.
Jason Hunter: So we have no idea what happened the first five minutes of this meeting if any votes were taken.
Jason Hunter: And so I think I caught the very tail end of when Mr.
Jason Hunter: Avery was elected the chair. And then thirdly,
Jason Hunter: Sorry, I just need to collect my thoughts here.
Jason Hunter: Oh, I believe this is gold where said that
Jason Hunter: There was something there was ability for the public to join in the meeting and give live comment. But that's not on the agenda.
Jason Hunter: And if it's not on the agenda, it doesn't exist because that that's the only thing the public would actually have access to, to know
Jason Hunter: How to join the meeting. I happen to be watching the meeting. I heard her say it. And then I made an email request. But no, but most people from the public are not going to do that. So there really was no way
Jason Hunter: For the public to give live comment at this meeting today and I find that kind of troubling because we've kind of regressed
Jason Hunter: As to how we receive public comment. When I was the chair versus the first meeting there afterwards, all of a sudden
Jason Hunter: It seems very restrictive and quite frankly, I almost kind of wonder if it doesn't violate the Brown Act because the public is supposed to be able to directly address the legislature.
Jason Hunter: Of these meetings. So that's my public comment. I guess I'll all hang around maybe speak a little bit more. When it's time for my three minutes on the rules, unless the chair would like me to speak out because I think the rules just finished. But that was my public comment.
warrenavery: Gotcha. Well, that was two minutes and 40 seconds. So I will go ahead and then
warrenavery: I will go ahead and let's you go ahead and make your public comment on the staff presentation. And then, then we'll move on to the committee member questions. So, Mr Hunter. I'm restarting your time. Go ahead. Okay.
Jason Hunter: So as far as the rules go you know this was a big point of contention, I believe that the last meeting that I shared once again.
Jason Hunter: There was a motion made to have an ad hoc committee meets. I don't know whether or not that happened, but that was a
Jason Hunter: Motion. That was voted upon by this committee to meet and then come back to present at this October meeting the motion was very specific
Jason Hunter: And now I'm wondering what happened to that effort. Why are we in violation of our own motion. Instead, what I see is the presentation be given
Jason Hunter: By the district's legal counsel. Once again, this is not the committee's legal counsel, so it's not your interpretation of how the statute works. It's the district's the person of the agency.
Jason Hunter: The body that you're supposed to be over scenes version of how to do oversight and how it works. I find that to be quite frankly a little bit preposterous and date and Mr Casanova cannot cannot legally provide you legal advice he knows that because you're not his client.
Jason Hunter: Is client is the district and there's an obvious bias and there's going to be an obvious conflict of interest there.
Jason Hunter: And so I encourage everybody on the committee to think independently to think about some of the subjects that I tried to introduce during, during my brief, brief stay as the chair.
Jason Hunter: As to what the perception is in the community as to the ability of this committee to operate independently as required under State law given some of the kind of
Jason Hunter: ludicrous. If I say because it really is kind of ludicrous rules that I see in the bylaws as far as
Jason Hunter: Being able to dismiss people for any time in any reason it doesn't matter whether it's ever happened. The past that's irrelevant to the fact that it isn't a rule and the public sees that
Jason Hunter: And they see that as as this committee can't be operating independently under those kinds of rules.
Jason Hunter: I would say. Further, the fact that staff seems to be very heavy handed who chooses to be on its committee with from the appointment process or reopen process.
Jason Hunter: In the case of myself, my reappointment was never brought for it to the board. I find that problematic. The staff is picking the quality of its oversight.
Jason Hunter: Communities not can understand that these issues are very serious and they need to be addressed, and I hope that this community takes that seriously and works on that going forward. Thank you.
warrenavery: All right. Thank you, Mr. Hunter, appreciate your comments. Alright, so we will move on to questions, I will ask the any of the committee members. If you have questions for Mr Casanova
warrenavery: Miss gold. Where are the other staff members. I have a couple questions myself but I'll open it up to the to the rest of the members. First, anyone have a question.
warrenavery: All right, I don't see any questions, I'm just gonna ask a couple questions. Oh, it's rock on I see you. Go ahead.
Philip Falcone: I don't like to always be the first one I like to sometimes. Wait, but it seems like people don't want to speak up.
warrenavery: Gotta be first.
Philip Falcone: I guess so. And it looks like it's gonna be me today. Um, so, my question would be for for Mr Casanova in the on the file Section five one. I know we mentioned, you mentioned the that it doesn't show. I think the word users favoritism or or heavy handed in one direction of these different
Philip Falcone: Qualifiers for members of the board here, the committee. But as far as I know the word Shao
Philip Falcone: From a legal standpoint is a must. Right. So if it says the committee shall consist of a minimum of seven members, so forth. And then that list those seven members wouldn't, wouldn't the word shall be the binding there.
David Casnocha: Yes, it is. So committees, a committee that is in full compliance with the education code and the bylaws would have at least seven members who would satisfy the criteria that are set forth in Section 5.1
David Casnocha: So sometimes vacancies occur on an oversight committee probably statewide and I'm happened to be the bomb council for 90% of the community colleges in California.
David Casnocha: They filling membership on an oversight committee is the biggest challenge. Most districts have with the oversight committee is getting people to want to participate. So they can seize exist.
David Casnocha: It committee can continue to function with a vacancy. The legal obligation is to work diligently and in good faith to fill the vacancy.
David Casnocha: Reason why I said that among those seven members. No one member is more important than another is to respond to the email for Mr ruling that suggested
David Casnocha: That it would be illegal for the committee to me if there was not a member of a bonafide a taxpayer Association president at the meeting.
David Casnocha: That's simply not a true statement. They'd be. Let's just pretend you didn't have a taxpayer Association rep so there'd be a vacancy.
David Casnocha: The district would have a duty to fill the vacancy, but the same would be true if there wasn't a senior citizen on a committee.
David Casnocha: If there was a vacancy you'd still be authorized to meet sending a gave notice and had a quorum and the district would continue to have to work to fill that vacancy.
David Casnocha: So that's what I meant by the law doesn't provide greater status to any one of these five categories over another, they're equally important and the law doesn't explain how they came up with that mix. There was just some political
David Casnocha: Outcome from Sacramento.
Philip Falcone: Okay, thank you. And the other question may be somewhat more
Philip Falcone: I don't know, arbitrary, but I'm this may be even a question for Vice Chancellor gold were so I understand in our bylaws here that it shows that board members can be removed or not their term re up to
Philip Falcone: Based on for any time any reason, based on the the position of the Board of Trustees, but are we are we not entitled to at least some rationale, or or explanation or notice of a board member not being whether P. They resigned, whether it be, they are not
Philip Falcone: reappointed or removed. I just, I think it's kind of, it's an unusual to arrive in a meeting so
David Casnocha: The only reason I normally don't even talk about that section, when I review the bylaws for people. The only reason why I mentioned it today was because the email that you, I assume you were saying.
Philip Falcone: I got it.
David Casnocha: Said had the phrase removal of Jason Hunter from service on the committee.
David Casnocha: That's the only reason I responded to that section of the bylaws because, to my knowledge, no one was removed from the committee, committee members terms expired.
David Casnocha: And what a committee members terms expire. There's nothing to say that they can't apply to be reappointed to the committee for a second term because you can serve three consecutive terms before you have to take a break. So any member of an oversight committee whose term as expired.
David Casnocha: You get a thank you for your service letter and you have the opportunity to submit an application form to be considered for reappointment of the committee.
David Casnocha: And so that's the only reason why I called that section out and said, no one in my experience has ever been removed because it really would have a chilling effect on the public conversation regarding the functionality of the Oversight Committee.
David Casnocha: I think the the logic of including that in the bylaws was there are districts where someone volunteers to be on the committee and they come to the first meeting and then never show up again.
David Casnocha: And there needs to be a mechanism for that, for there to be a vacancy in that chair so that it can be filled by someone who would show up.
David Casnocha: And so there is a lot of delinquency and attendance at some districts and the goal of the removal section is was really responding to. How can we get active participation. If we have a member who is
Dwight: Not coming to meetings, that's really
David Casnocha: All that was involved.
Philip Falcone: Thank you. I think that's just probably a lack of I'm not familiar with the process from the district level at my background family comes from city of Riverside board and commissions and the way they operate is that
Philip Falcone: When your term is coming to to next spider you receive a letter from the city clerk that says your term is expiring, would you be interested in serving
Philip Falcone: For another term rather than sending sending in a new application. So that's perhaps my experience from a city level, which I know of course is different from the district level, so
Philip Falcone: Thank you for that.
warrenavery: That all the questions. Mr. Malcolm.
Philip Falcone: For now, yes. Thank you. All right.
warrenavery: I just have a follow up question maybe to the process. Right. So, you know,
warrenavery: Philip brought up the point and city, you get a you get a note saying, Hey, would you like to do this again.
warrenavery: In, you know, this is my second second meeting right so I'm not familiar with the renewal process. I don't think any committee members on this are in their second term, maybe, maybe I'm wrong, and we're all newbies but
warrenavery: What is the process at the end. Do you get a letter saying, hey, as a reminder, your term is up, you must file another application is it up for the committee member to
warrenavery: To be aware of themselves self awareness of their term is up and they need to file a an application. When do you file that application. And you know how much time.
warrenavery: It should you do it before your term is up for all of us, right, that may want to to re up. Is there a timeline and then what does that process go to
warrenavery: multiple applications. And then how is the decision may to go to the board on who is recommended. So maybe if if that's you miss school where Mr. Casanova, someone could kind of talk through that process of the renewal process.
Dwight: Sure.
Rebeccah Goldware: I'm to be quite candid. There are not a lot of written procedures. So those are things that within the structure of this committee, we can have a discussion about
Rebeccah Goldware: Within the structure of the bylaws in David help me. I think it's 5.5 and it does lay out the latter part of the process which is as applications are solicited
Rebeccah Goldware: And in that process and how we go out and solicit information. And that's basically as broadly as we can go to cast a broad NET applications are then come into the
Rebeccah Goldware: District Office and my experience with this is fairly limited. We haven't had one, a lot of applications to David's point earlier of finding board members is not easy.
Rebeccah Goldware: And and so the applications come in those then go through
Rebeccah Goldware: To directory sock from myself and there's discussion and then applications move forward to the board for consideration that front process and then the post. We haven't had a lot of
Rebeccah Goldware: Folks turnout in my term I came after people had already left, and there have been a couple of a people who have turned out both at the most recent past July meeting. And then before that I want to say it was I
Rebeccah Goldware: December, January, and then in my first meetings I in mid 2019 we think a few people for their service, but the clarity from
Rebeccah Goldware: That that renewal process I there. I don't have any process setup and we can
David Casnocha: Establish that
David Casnocha: She felt to work.
David Casnocha: With the legal advice that the district and all my districts receive is one of the winter term expires.
David Casnocha: In some ways, it would be convenient to simply reappoint the person for a second term, whose term has expired.
David Casnocha: But I think in some ways that would frustrate the intent of the law, which is to seek as broad public participation in the process as possible. That's why the bylaws say
David Casnocha: That the process includes advertisement for members in local newspapers and on the website solicitation of local groups for applications.
David Casnocha: So, so the advice that I give is when a term expires, the district should go through the process of advertising for evicted is when a term expires, there's going to be a vacancy.
David Casnocha: So they have to advertise for applicants receive applications to give everyone a chance if they wanted to serve to serve and that includes
David Casnocha: The termed out committee member who has the opportunity to submit an application, along with anyone else from the public, but there has to be, I think,
David Casnocha: A public process to make sure that if there is somebody out there who's always wanted to serve on the committee that they have their chance to submit an application and be considered by the board of trustees.
warrenavery: Okay, thank you. And I guess to that point, the, the bylaws, the current by law states a minimum of seven people. So you had mentioned that the biggest challenge for a committee, any committee is getting people to serve it to have that minimum seven number
warrenavery: Is there a reason why we if and I don't know how many applications were accepted but
warrenavery: Is there a reason why we don't allow people to be on to go above that seven. Let's say somebody drops off to your point, Mr casnocha somebody just starts to not show up.
warrenavery: Somebody challenges, any one of the seven of us and our affiliation and then realize that one of us doesn't belong to who we said we belong to any number of things right, then you have that
warrenavery: That the bench right, if you will. You got that you got someone else to it's already part of the committee to fill that spot.
warrenavery: I guess I'm curious as to why why we're limiting the committee to seven, when the file I say only a minimum seven but there's no maximum number. I don't believe that the bylaws.
David Casnocha: Say a maximum. Now, there's no there's no maximum number. So the law. You're right, and saying it's at least seven members.
David Casnocha: So most committees have seven members are riverside unified, I think, has 13 members. So the arguments against a larger number are number one you need more people to show up to have a quorum.
David Casnocha: So that's always a challenge. What do I need to have a quorum. Number two, there must have been a reason why of the seven seats that are required.
David Casnocha: There'd be five representatives of certain perspectives. So if a district where to go out and say, well, let's have 15 members five representing the mandatory groups and 10 at large. Well, then you could get 10 friends of the
David Casnocha: College to show up.
David Casnocha: And it would be 10 to five, and there must have been some legislative reason of why these five mandatory seats.
David Casnocha: Are sought their input is sought in the conversation. And if they get overwhelmed by at large members, then whatever the unique perspective of a senior or a business person or a taxpayer representative or a student
David Casnocha: Would get lost in the noise of having 10 at large members, but you could certainly do that. And I think that
David Casnocha: The Oversight Committee doesn't have the authority to change the bylaws. But if you were going to continue the conversation about what you think the bylaws should say in a perfect world and make a recommendation to the district as to what changes, you would recommend they consider
David Casnocha: Among the recommendations would be doing large the size of the committee from seven to nine or seven to 10 or whatever you think were appropriate in, and I suspect that the Board of Trustees would have to consider that request.
warrenavery: And I am going on to my questions and I'll go around the community.
warrenavery: Is there someone. Is it new school where your staff, Mr cast noches. The District Council cuckoo verifies what's on. I don't know the answer right it verifies on part of the business community.
warrenavery: Mr ball is a member of the senior citizen me right who is there someone that goes through and verifies what we put on our application or is the process to trust us until there's a reason not to.
Rebeccah Goldware: Hey, my, my go to is trust but verify. And so while we don't go through the entire CVS that gets submitted to do complete backgrounds.
Rebeccah Goldware: And that that's not the intent or what we have asked you all for permission to do
Rebeccah Goldware: And but yes we do validate certain things. For example, if somebody submit an application and did not move it within the district that would not be something that we would consider and
Rebeccah Goldware: Frankly, I missed one with Eva, she was still a student at the time when she originally submitted her application. And so we had to wait until she was no longer a student and
Rebeccah Goldware: So yes, to some we don't do thorough background full backgrounds on our applicants so
Rebeccah Goldware: I'll just curious. Yes.
warrenavery: Right. All right. Um, alright, so I have the seven responsible for the
Mike Vahl: Reward I was born in 1957
warrenavery: Well hey us
Mike Vahl: Last week,
warrenavery: I wouldn't, I wouldn't believe it, Mr ball. That's why I was challenged. I thought you were going to be the one challenge about being part of the senior citizen group. That's all I'm saying.
Mike Vahl: Well,
warrenavery: The other thing, and maybe this is just a point is we talked about. I know. The next thing on the agenda is the ad hoc committee to talk about some changes. And I know last time we we kind of all had some of these issues about the term independence this jackass nurture brings up the
warrenavery: The independence side of it.
warrenavery: I know I'm concerned that the board can remove anybody for any reason. Right. So I think that that kind of goes that that that
warrenavery: That fear. I don't know. I think you may have used the term fear of of a decision or something. I think that there there is something to that that was to say, if I vote one way or the other. I disagree.
warrenavery: That the board could say, you know what, we don't like that decision not saying it has happened or would happen. I think it just opens itself up right when you say can be removed for any reason.
warrenavery: You know, cause must be you were
David Casnocha: To ask me, What would my recommendation to the district be if a request to modify that provision that said removal would only be limited to cases in which a, a member missed two consecutive meetings without reasonable explanation and cut the rest of the stuff. Cut the for
David Casnocha: Whatever cause
Dwight: Yeah.
David Casnocha: I would think that's a reasonable request, I would
David Casnocha: Probably tell the district that's something that we should be able to write up and submit the Board of Trustees for approval, because that just that's not in the education code. So I think that that would be something that would be positive outcome of a request like that. Okay.
warrenavery: I appreciate that. I will open it.
warrenavery: I will ask any other committee members. Does anybody else have any other questions for Mr Casanova Jim is cold, where any other staff members.
warrenavery: I give a second for any streaming issues. I don't see any questions. So thank you for your staff presentation. I think the next step is, and the next part of the agenda is the formation of the ad hoc committee.
warrenavery: To go through some of these recommendations. I think the school where you talked about a renewal process, putting something in developing a renewal process for for all of us.
warrenavery: Maybe a process to verify information on there or something and then the removal of a committee member
warrenavery: Those three things come first to mind for me that we need to have an ad hoc committee for and I'm sure there may be some other things that
warrenavery: That we discuss. So in the formation of an ad hoc committee, I will open it up to the committee members. Now, who would like to be a member of that ad hoc committee, Mr ball. I see. And as admins Rizvi yes
Fauzia Rizvi: Yes.
warrenavery: All right, sorry, the names were on there. I just had to remember I had some Miss Rizvi Mr Vol.
warrenavery: writing this down so I don't forget. Is there anybody else. Miss petty
warrenavery: All right, I see that. And then I don't know if there's a number of how many should be on an ad hoc for all right then I will take the fourth mile take this four spot unless anybody else on the committee, really, really wants to
David Casnocha: But if you have four members of a subcommittee, and you have a meeting. That's a quorum, so that that would be a Brown Act meeting, you'd have to notice open to the public, which is why three
David Casnocha: Okay, would be a much easier subcommittee to manage so you wouldn't have Brown Act requirements to satisfy
warrenavery: Appreciate that. So, miss, Peggy. I don't mind if you'd like to be on there. Oh, Miss cold where I'll go ahead to
Rebeccah Goldware: It's a point of order in the Minutes, the action item. I'm scrolling. Forgive me, and at the July I believe 23rd meeting the auction that Mr vol noted was to have a committee of four members. So I guess I would ask that you reestablish the committee with a lower number
warrenavery: Mr. Hall, would you be willing to redo your motion to have three
Mike Vahl: I will change the number to three of the emotion. We can revoke
warrenavery: All right, so three. Do we have a second to move the
Philip Falcone: I second that. I second that motion.
warrenavery: Mr file colon seconds. Any discussion on that motion.
warrenavery: Great, then I will call the question, Mr. Malcolm.
warrenavery: Yes, Miss patty.
Eva Petty: Yes.
warrenavery: Miss Reynolds
warrenavery: Miss Rizvi
Yes.
warrenavery: Mr. T.
Dwight: Yeah, and Mr ball.
warrenavery: Yes, and then I will also go yes so it's unanimous will have an ad hoc committee of three those committee members. Miss Patty, did you want to remove yourself or did you want to be on your call.
Eva Petty: Um, so if I remove myself then you'll go ahead
warrenavery: And I would I would take on that third. Yes.
Eva Petty: Okay, then I
Eva Petty: Move myself. Thank you.
warrenavery: All right, and for a point of order, do we need to have a motion and a vote on these three members. Okay.
warrenavery: I think I should
warrenavery: But the motion for the three Members, Mr. Baum is Rizvi and myself to be on the ad hoc committee.
Philip Falcone: Yes, I moved that those three members, as stated by our chairman to be on the ad hoc committee to examine our bylaws. And that's my motion.
warrenavery: Alright, Mr ball seconds that so the motion for Mr ball is where is the and myself to be on the Ad Hoc Committee to review the bylaws, and then come back at a future meeting with our recommendations to the committee.
warrenavery: That is the motion. So we'll go through them as Falco home.
Philip Falcone: Yes.
Eva Petty: If any. Yes.
Patricia: This Reynolds Yes.
Fauzia Rizvi: Thursday. Yes.
Dwight: This retake it
warrenavery: Mr ball.
warrenavery: Yes, and I vote yes so it's
warrenavery: Unanimous so there we go.
warrenavery: I think it's farther in the meeting. So I will take the responsibility of reaching out to you, Mr volume is Rizvi to set up our time at a time that works for the three of us to to get together and meet
warrenavery: Julie at the last committee member and I might need to make emotion I miss my bad. I got I got going fast, right, last time we had Mr younger that was part of it. And I remember people will
warrenavery: Like to his comments and like to his, his views on it.
warrenavery: As a member of the public. Are we allowed to invite someone to that to
warrenavery: Make their comments school where I'll leave that with you. What's your take.
Rebeccah Goldware: I actually would like to defer to i by Mr cash nota on the engagement of outside within the
Rebeccah Goldware: Ad Hoc subcommittee and would request. I also that when communications and meetings are happening that you make sure that myself and Renee are included. So we can continue to support, David, could you please address the outside membership to a subcommittee.
David Casnocha: Well, I don't think it would be a member of the subcommittee. But if the subcommittee wanted to get a point of view, express to the subcommittee from an outside person who they thought was knowledgeable in the field.
David Casnocha: I mean, I don't know for sure, but it would strike me is not a completely unreasonable thing for a subcommittee to
David Casnocha: Ask and time to provide his thoughts, whenever the subcommittee met but it wouldn't be as a member of the committee would be
Again,
warrenavery: Fine get opinions. I just want to make sure that we're doing everything by the book, I don't need to say in public right that we're going to ask him to be part of that if Mr ball and Miss Rosie and I agree that we want to have that
warrenavery: Third party.
warrenavery: Out there. So if we don't need to have emotion and we can invite you, Mr Casanova Jim is cool, whoever we want to be part of that.
warrenavery: If that's understood, then I will have that as an understanding that the three of us will decide who we want to be part of that this was me, did you have a comment or question.
warrenavery: You're on you.
Fauzia Rizvi: So it all three of us has to be agreed on. Who's going to be who we are and ask for help or, you know, getting information.
warrenavery: I don't necessarily think it has to be an agreement, I think any one of us could ask, and then we could ask those questions because because it's a discussion right, ultimately, it'll be for the three of us we can take anybody's things and say yes or no.
warrenavery: But my feeling is if you wanted to invite someone whoever that might be that you could ask questions get an opinion, Mr ball and myself.
warrenavery: That's, that's my, my take on and that's how I would like to proceed, just so we can get a wide basis of support and and questions and then it's up to the three of us to decide what we do with that information.
warrenavery: That Sound fair
warrenavery: Okay.
warrenavery: Cool. All right, now we have a subcommittee.
warrenavery: I should say an ad hoc committee.
warrenavery: And then we will decide I'll reach out to both of you for the decisions or when we're going to do it. So Next on the agenda if
warrenavery: HIS APPROVAL OF MINUTES. Everyone's had a chance to look at the minutes I will entertain a motion to
warrenavery: approve the minutes.
Patricia: You need separate motions or is one motion. Good.
Patricia: Did you hear me.
warrenavery: No, I'm sorry. I can see it.
Patricia: Yeah. Did you do you need separate motions are
warrenavery: in one motion demotion because there's two separate agenda items. So we'll start with minutes from July 16 2020
Patricia: Okay. I'll move approval.
warrenavery: We have second
Eva Petty: A second
warrenavery: All right, Miss Rizvi has a second. All right. Any discussion on the
Philip Falcone: Minutes, Miss. Miss Reynolds made the motion.
warrenavery: I mean it's rounds miss them. Oh, thank you. Thank you. Alright, so called question on APPROVAL OF MINUTES FROM July 16 struck home.
warrenavery: YES, IT'S PETTY
Eva Petty: Yes.
Patricia: Miss Reynolds Yes.
Fauzia Rizvi: Miss Rizvi yes
warrenavery: Mr. T.
Dwight: Yeah, Mr ball.
warrenavery: Yes, and I believe, yes. So it's a seven zero unanimous.
warrenavery: Alright, next. Do I have a motion for approval of minutes from July 23 2020
Patricia: I'll move approval.
Fauzia Rizvi: All right. I'll second.
warrenavery: Review again with that. Sorry, I'm getting a computer charger. Alright, so
warrenavery: We will do the color of the question on the APPROVAL OF MINUTES. Thank you miss home.
warrenavery: Yes, Miss patty.
Eva Petty: Yes.
Miss Reynolds
warrenavery: I'm sorry, you say yes.
Patricia: Yes.
warrenavery: Thank you, Miss Rosie.
warrenavery: Yes, Mr. T.
Dwight: Yes. And as well.
Mike Vahl: Yes.
warrenavery: All right. And I go, yes. So the Minutes are approved. Alright, moving on in the agenda measure see financial update report on Prop 39 funding financial and performance audit and letter presented by heading McGee from Clifton Larson Allen.
Aaron Brown: So thank you share a read. This is Aaron ground Vice Chancellor of business and financial services. We have with us tonight john Garrity who is the controller for the district.
Aaron Brown: As well as Heather McGee from
Aaron Brown: The firm of CLA who perform the work on the measure see audit. First, I'd like to have john introduce the topic and then introduce Heather.
John Geraghty: Hello i'm john Garrity I'm the district controller. Thank you, Chair Avery and board member for letting us present the annual audit.
John Geraghty: Audit was completed by the audit for Clifton Larson Ellen Cl. Cl. A LLP got a director Heather Biggie now present on the audit reports, the committee.
Heather McGee - CLA: THANK YOU, JOHN. Thank you, Erin. And thank you, Susan, the oversight committee for having me on tonight.
Heather McGee - CLA: I feel like all the Board of Trustees introduction and then with the attorney that a lot of background on why you have an audit performed of Proposition 39
Heather McGee - CLA: Has already been laid out for me so I don't have to do all that explanation. So thank you to them. And so somebody was going to bring up the audit reports and share screen. So let me bring that up.
Renee Vigil: Mark or Archaea, can I have one of you guys share your screen, please.
Renee Vigil: Or allow me to
Heather McGee - CLA: Or I can, I can do it easily.
Renee Vigil: I think we can hold for just security. So if somebody can share the agenda.
Heather McGee - CLA: Okay.
Renee Vigil: That would be awesome.
Heather McGee - CLA: And I'll tell you which page to go to whoever brings that up.
Heather McGee - CLA: There we go. So if you could turn to. So I'm going to refer to Adobe page. So in case anybody has their agenda up that way you can follow along very easily and the audit report. There you go. We have a table of contents, if you'll go to just the next page, which is page.
Heather McGee - CLA: 20 and then go to 21 okay this is the page. I was going to look at
Heather McGee - CLA: So your report includes two reports and one is on the financial statements and one is on the performance on it.
Heather McGee - CLA: So the very beginning of the report starts with the what we refer to as attrition traditional financial statements. So it will include the balance sheet and the changes in revenues and expenditures
Heather McGee - CLA: The opinion for this portion of the report is the page that we're looking at. Actually, if you go to the next page. I will point to where that opinion is
Heather McGee - CLA: So in the financial world. The main reason why an organization has a financial audit done so that somebody can rely on the financial information contained in the report. So the opinion that the district has received in regards to the bond and
Heather McGee - CLA: Their capital outlay projects for the bonds.
Heather McGee - CLA: Is a unmodified opinion but you're not going to see that language. What you're going to see is up at the very top of the letter Andrew opinion and it refers to in material respects presented fairly
Heather McGee - CLA: And that's that's key language, especially if you serve on other boards and you're seeing other presentations. Then on the financial statements. That's always
Heather McGee - CLA: The information, the language that you're wanting to to see. So the slang for that is a clean opinion.
Heather McGee - CLA: So the main thing with the financial statement portion of the audit is that there's really three points that most board members want to be aware of. They want to know what the opinion is if there were any audit adjustments and if there are any findings. So if we can go to page 23
Heather McGee - CLA: Page 23 is the start of the financial statements. This is the balance sheet. And then the next page is the statement of revenue expenditures
Heather McGee - CLA: There were no audit adjustments this year on the information that prepared is with the information that was provided by the district. So this should also match up with any type of reporting that you receive from management regarding the projects.
Heather McGee - CLA: And as far as findings. If we go to page 23
Heather McGee - CLA: I'll go ahead and get to the punch line there were no findings. This year, of course, throughout the audit, we're looking at a lot of information we're looking at the internal controls, we're looking at documentation. Actually it's page 23 of the Adobe document. I'm sorry 32
Heather McGee - CLA: We're looking at a lot of data and information. And along the way, we might have some suggestions for management on how to improve documentation and so
Heather McGee - CLA: We have those conversations and the audit world that comes up to different levels, whether we disclose them in a management letter or if we include them in the audit report. So at this point, there are no findings. Um, so actually this is the end of the report is it is it 32
Heather McGee - CLA: The Adobe file.
Renee Vigil: Sorry, Heather, can you clarify which page. Oh 32
Heather McGee - CLA: Now it's popping up.
So sorry.
Renee Vigil: I know
Renee Vigil: I'm like, where I said,
Renee Vigil: Well, geez.
Heather McGee - CLA: There you go. There we go. Perfect. Never on The Know, or on the right page.
Heather McGee - CLA: OK, so the findings are included in the financial report.
Heather McGee - CLA: In which there were none. And also, if there were findings. Last year we would also follow up and report on that there were no fun, you did last year's report either
Heather McGee - CLA: So that's the financial piece of the audit on the next the next portion of this report, if you go to the next page has to do with the performance piece and that has a lot to do with
Heather McGee - CLA: You know, the great background that we got from the attorney and you can stop right there. That's great. And
Heather McGee - CLA: Really the when the voters approve this they wanted to make sure that certain projects were completed. So this is that piece of the required audit that's being performed. So this is referred to as
Heather McGee - CLA: Performance and it has a little bit different language. Earlier we are talking about presented fairly material respects where this letter, we're looking at the very last paragraph and it's as a result of our test that there's
Heather McGee - CLA: That they indicate that there in significant respects that the funds were spent correctly. So really this letter is driven by specific objectives if we go to the next page. Page 34
Heather McGee - CLA: Will see those objects chapters are listed out. So those objectives really are to obtain a detail of all the expenditures charge to that fun
Heather McGee - CLA: And then select and test those expenditures accordingly accordingly to make sure that they match up with the approved projects approved by the voters basically
Heather McGee - CLA: If we go to the next page will have a summary of the procedures performed. So for our audit. We did test 20 non salary expenditures which amounted to $2 million 300 on excuse me 2,034,448
Heather McGee - CLA: That came out to a coverage of 68% so that's actually a pretty high coverage and again if you work with other organizations or see other
Heather McGee - CLA: audit reports presented this is unique and normally you don't get that coverage. So this is a very specific audit with a high coverage of expenditures that are being tested.
Heather McGee - CLA: As the attorney was referring to with what salaries can be charged to we do we look at the the salaries and this is us reporting back that we reviewed everybody that's charged to the bond project.
Heather McGee - CLA: And made sure that whoever's be in charge there that it's appropriate. They are not administrative personnel. They're individuals who are specifically working on the bond project. So in conclusion, with our tests and the expenditures were spent correctly for this fiscal year.
Heather McGee - CLA: Anything else you would like to add john or any questions from the committee.
John Geraghty: No, I just appreciate all everything you did. I mean, this is a more challenging year as everybody's remote and you did a great job and performing this on it and you know we found new ways to get data back and forth.
Heather McGee - CLA: We did. It's really what everybody is going through is definitely going to change the way that we do business.
warrenavery: Right, MISS MAGGIE. Thank you. I think this is just, I'll make sure does any committee members have any questions for em security.
Patricia: No questions. I just want to say thank you to the staff and the management.
Patricia: I know we stop Ivers come and look at things we were always nervous to get that final report and this looks really good. And you're right, you're a very difficult time so I appreciate all your hard work. Thank you.
Patricia: Thank you.
Heather McGee - CLA: Okay, have a great meeting.
warrenavery: Thank you, Miss Reynolds and I think she speaks for all of us as thanking you for your time and effort, putting this out. So thanks, Miss Reynolds for for that and thank you both to for putting that together.
warrenavery: I think for its information. There's nothing procedurally. I don't think we need to vote to receive and file. I think this is just all information, so we'll move on to the project commitments summary report.
Aaron Brown: Thank you again and a chair. Every the next report is the
Aaron Brown: Project commitment summary report and this is a report of
Aaron Brown: Budget action taken by the board during the period in question as well as any expenditures that have been made and it's reflected on this report here to give that report is Mitch ask our director of business services.
Majd Askar: Hello, so I'm the project commitment summary report is a financial report and this is a summary of all financial activities as of sep tember 32,020 the highlighted sections are going to reflect financial changes. That was last reported at the July 2020 meeting.
Majd Askar: So you'll see that there's a reduction in cash in hand at 1.1 million since we last reported and that's mainly related to the expenditures
Majd Askar: Related to the student services. Welcome Center project at miRNA Valley then Clark corrections platform a project that Marina Valley and elevator modernization and fire alarm system repair project at Marina Valley.
Majd Askar: There's more expenses, but those are the larger expenses related to that cash reduction that you see there's also an increase in total peace proceeds, and that is due to interest in income.
Majd Askar: And if you go on to the white one, one second. I'm sorry. And there's also you'll see at the very bottom, the change in
Majd Askar: In progress projects and that is related to the changes in budget that would be attributed to the budget increase for the riverside city college life science and physical science project.
Majd Askar: In a matter of 6,000,006.3 million for measure see
Majd Askar: And we also have the reconciliation of the feasibility planning, management staffing budget line.
Majd Askar: Which was a reduction of 780 7000 so those were the budget changes if you go on to the next pages, Renee. You'll see the highlights that are specific to those changes as it relates to budget increases or as it relates to any of the expenditures
Majd Askar: Not detailed in both sections. If you have any questions, I can go over that.
warrenavery: So just the 1.1 is what we actually spent in this last quarter. There's 1.1 billion out of measure see on the projects that were already approved. That's actually the money that that was paid out during this time.
Majd Askar: Correct. That's cash. Okay, decrease
warrenavery: And and I don't know the answer. Maybe it was approved before when there are budget changes, you know, life science building said okay, you know, change and it costs more.
warrenavery: Was that done and approved for previous was that already brought to to our committee, a while back, or is this something now that we we see how, what's that process.
Majd Askar: So when we approve a budget, it goes to our Board of Trustees for board approval. They approve the measure C. And they also approved other funding in this mike science project we have additional funding and that's when the state as well as the general fund funding for this project.
Aaron Brown: Yeah, so every, every project budget that uses utilizes Mr safe and goes to our Board of Trustees for approval, you'll see on the neck in the section eight major see project update
Aaron Brown: One of the items. A is board reports and that will reflect the action bar board from the time of the last citizens bomb oversight committee meeting. Gotcha. Okay, thank you.
Thanks for the clarification.
warrenavery: All right. Does anybody else on the committee have a question. I can't see everybody so any other committee members with her sharing her screen. Any other committee members have any other questions for Mr.
warrenavery: Or not. I can see everybody. I don't see any questions. So, on behalf of the committee, thank you so much for your time and bringing this together. I appreciate it. Thank you. Welcome.
warrenavery: Okay. Next, the capital Program Executive Summary Report.
Aaron Brown: So thank you again. Maj will stay on the line to go over this report as well. This is our planning worksheet as it relates to the allocation of funds to each of our entities, as well as the various projects that are associated with them. So imagine, go ahead.
Majd Askar: So you're going to continue going Renee to the
Majd Askar: There we go, there we go.
Renee Vigil: You want Page one of this report match because it would be afraid.
Majd Askar: We're gonna go to the capital programming.
Aaron Brown: Page 58
Renee Vigil: Sorry. Thanks again.
Majd Askar: Right here.
Majd Askar: So as Aaron mentioned, this is a budget document that we use to keep track of projects that have been sent to the board and approved by a board. It keeps track of budgets per entity as well. The changes that you will see reflected on this report.
Majd Askar: Were for the period of July one through September 30 and they include
Majd Askar: What we just talked about. That was the feasibility and planning, management staff budget line that was reconciled from a fiscal year 1920 estimated Budget to Actual
Majd Askar: And there was also the budget change to the riverside city life science physical science project in the amount of 6.3 million for the measure see
Majd Askar: OK, so the remaining pages just detailed that and you'll see that entity.
warrenavery: And then I noticed on that first page, it looks like uncommitted funds. That's what's that's what's left over. That's still left to be spent for measure C is the 1.1 million bottom right hand corner. That's what's still leftover
Aaron Brown: Correct. It's not. Yeah, it's amount that has not been committed to a specific project at this point.
Aaron Brown: Okay, there's actually you'll know you may have noticed on the project commitment summary report. There's $40 million of actual cash to spend on the various projects.
Aaron Brown: Most of which have already been committed, but there is still a little over a million dollars that has not been committed to a specific project.
Aaron Brown: So that's available for future commitments. Okay.
warrenavery: Is that, is that
warrenavery: Is that the report, Miss Oscars, you have other stuff.
Majd Askar: That's it. It's
warrenavery: Going to cut you off on
Majd Askar: Okay, no, no, I'm fine. That's it. The, the remaining pages just detail by entity those changes. Okay, thank you.
warrenavery: Thank you Amy committee members have any questions for Miss asked her, Mr. Brown.
warrenavery: Don't see any questions. So once again, on behalf of the committee, thank you for thank you for being here today and thank you for your time putting this together for us.
warrenavery: Alright, moving on to section eight of the agenda measure see project updates.
warrenavery: Stole your thunder, a little bit there, Mr. Brown, but looks like we have board reports august 2020 through September 2020
Aaron Brown: Yeah, thank you, thank you again to recovery. So on this session we have more reports and also the literacy project summary status updates, which will be presented by our Associate Vice Chancellor of facilities planning and development Hussein, a guy. So who's saying, Please go ahead. Sure.
Hussain Agah: Awkward evening, everyone. This is for seeing, I guess, a few basketball star facilities planning and development and thanks for waiting. You're on the right page.
Hussain Agah: So this is the board report we have actually indeed we have 5.3 persons last time we met. So this is the first one. This is the selection of the architectural services for riverside city coming to life science physical science and the
Dwight: Amount of 2.3 million
Hussain Agah: Of which we utilize mature see for the for this project.
Aaron Brown: So, and in one of the things that
Aaron Brown: David casnocha mentioned earlier was the efficient use of resources so
Aaron Brown: Maybe since we have a whole new crop of citizens bond oversight committee members. We may I think it would be beneficial to have a session on what our process and procedures are as it relates to the acquisition of
Aaron Brown: Professional Services, as well as what we do as far as bids, but this is an example of a public request for proposal and qualifications for architectural services.
Aaron Brown: I don't recall exactly how many were. I think there was five and then there's a committee established to review all of the submissions based on this specs that we put out for puzzle.
Aaron Brown: The committee that evaluates all of those proposals and goes through a scoring criteria and then ultimately makes a selection and recommends a that selection to the Board of Trustees for approval.
warrenavery: To then this report is was the background. And then, was it the and I see the background was a architectural firm then chosen and recommend it to the board at the last at the last meeting.
Hussain Agah: Nothing. Oh, yes. Okay.
warrenavery: And then this is part of the I see 2.2 million. This was already part of the committed funds towards the life sciences project correct not anything new.
Aaron Brown: Yes, correct. They, they approve a total project budget and this is the one of the expenditures that are associated with that project total project budget.
warrenavery: Fair enough. Thank you.
Hussain Agah: Next report is page one on 8pm and scroll down, lots of the pages. It's basically the copy and professional services, which is about 50
warrenavery: This is the winning bid here or it was this the RFP that
Hussain Agah: That's actually the architecture or services agreement. Okay.
Hussain Agah: All the backup including their proposal.
Hussain Agah: Page 28
Hussain Agah: Report, the Board of Trustees approve the agreement amendment number one for HP architectural for Moreno Valley students service will come center project and the amount of 19 400,000
Hussain Agah: For additional to the architect. Okay.
Hussain Agah: Next point is 111 hundred 33
Hussain Agah: This report approving the riverside city college life science physical science for construction project and the project budget in the total
Hussain Agah: Amount of 30
warrenavery: You're not on mute. You might want to go. There we go. Okay.
warrenavery: So,
Hussain Agah: So this, this boy report approving the riverside city college life science physical science for construction project in the total amount of 35 million
Hussain Agah: Which includes portion of, you know, Steve. Steve, Steve. Find the project, which includes the capital outlay funding from the state was measure C and additional resources local resources.
Hussain Agah: And this this was approved by the board on August eating.
Right.
Hussain Agah: Next item 1126
Hussain Agah: This this item basically approving contract agreement amendment number one with Tony coil God
Hussain Agah: Contractors, which is basically constructor, which is the Senior Services for
Hussain Agah: But in a body college Ben Clark drink center correctional platform in the total amount of 30,000
Okay.
Hussain Agah: Last one is between 29
Hussain Agah: This board report approving the Construction Management Services Agreement with the CW driver for the marina Valley College bank or training center education building phase one.
Hussain Agah: The entire project actually is me. Just see mine.
warrenavery: Okay.
Hussain Agah: So that concludes the body report for this time.
warrenavery: Great, thank you. Any questions for Mr a god or Mr. Brown from the committee members.
warrenavery: Seeing none, Mr. God thank you on behalf of the
warrenavery: Community for putting this together and and presenting this information to us.
warrenavery: Alright, so moving on measure see project summary status updates.
Aaron Brown: So take this one as well.
Hussain Agah: Right. So as you can see this. The somebody update report as of October 15 and you can see three three colleges. I'm going to start off with the riverside City College.
Hussain Agah: So we have the riverside city college life science physical science with construction project we discuss the approval of the project by the board in August. The project is currently in the preliminary planning phase. So, we are moving forward with the design.
Hussain Agah: Meeting with the stakeholders to develop the
Hussain Agah: Facility and the design of a solid
Hussain Agah: The next project for riverside City College is the greenhouse building project. This was approved by the board and the total amount of 672,000 which includes
Hussain Agah: 500 a month 500,000 from measure C and the rest of lack of resources. The project is currently under construction and expected to be completed by end of this year.
Hussain Agah: At Medina Bali college and we have three academic projects funded by me to see, including the student service for comm center. We are currently in construction phase.
Hussain Agah: And within budget of the project experience have you delayed is geared to
Hussain Agah: My different shut down for concrete plans due to the heatwave and Mine didn't shut down for 60 by the, by this thing. So it's only 10 days and we believe we're going to be able to recover those over the course of the construction period.
Hussain Agah: The other project and Marina volley colleague is Ben Clark training several things. One, we are in the final stages of the design of the projects and
Hussain Agah: In potentially will be signed by the sign up by the College. By the end of the year and submitting to the division of state architect.
Hussain Agah: In during this period. Also we we engage the construction management company which is CW driver and they started as of
Hussain Agah: As of two weeks ago.
Hussain Agah: The last program, but nobody nobody nobody colleges, the elevator and fire alarm upgrades the elevator project is has been completed as of September 20 the fire alarm is chemically
Hussain Agah: It's in the design, development phase and will be submitted to the division of state architect for approval. When the design. When the design is complete.
Hussain Agah: The last project we see here is for like Marina, sorry, I'd be normal College, which is the field field turf in the only pending item on that project is
Hussain Agah: The accessibility scope, a fork and that still pending Vivian's the artistic for approval so as soon as he gets approved by the by the seat, we will build it out and install the in
Hussain Agah: Flight or for that project.
Hussain Agah: That concludes the report for the construction update and we'll be happy to answer any question.
warrenavery: Great, thank you. Any questions from committee members.
warrenavery: I don't see any. So Mr. Got one. Oh, sorry. Go ahead.
warrenavery: Oh, you're on you and Mr ball.
Mike Vahl: I've got the raise hand up here, but
warrenavery: I didn't see it. My bad.
Okay.
Mike Vahl: Who's saying you list.
Mike Vahl: The last I think was the last one you showed from the
Mike Vahl: Board actions are the second to the last one with the life sciences building
Mike Vahl: For 6.7 million. Isn't that the future project. Correct.
Hussain Agah: Um, I'm not sure which one you're referring to.
Mike Vahl: Page 108
Mike Vahl: I think it was
warrenavery: Anything back to the board reports.
I think
Mike Vahl: That
Mike Vahl: One 113 sorry
Mike Vahl: This one says
Mike Vahl: This is been approved with 6,000,006.1 million for measure see
Mike Vahl: Right. Wouldn't that be listed as a future project in your list on page 155
Hussain Agah: Actually not the first project that we talked about.
Mike Vahl: That's what
Hussain Agah: The first project.
Hussain Agah: Signs
Hussain Agah: Look too far.
Mike Vahl: First projects was five years.
Hussain Agah: Watching right um it was part of the five year construction, a plan. It's the life science physical science reconstruction.
Mike Vahl: Okay. Yep. Okay, all I saw was the headline.
Hussain Agah: Okay.
Mike Vahl: Thank you.
Hussain Agah: And the only reason we can be extinct in the five year capital construction plan because it's state funded project and has a big component finding 26
Mike Vahl: Million over to the state.
Hussain Agah: That's true.
Mike Vahl: Okay, great. Thank you.
warrenavery: All right, any other questions for Mr. Dr.
warrenavery: I don't see any so much regard, Mr. Brown. Thank you for your time on putting together this report as well. Appreciate it. Thank you.
warrenavery: Alright, so moving on to number nine business from committee members. I think this is stuff that we talked about in our last
warrenavery: Meeting campus tours. Obviously, we're still in the coven world. So it has here, possibly virtual tours. I don't know if that's a school where Mr. Brown, if that's someone has any thoughts are as broad ideas for us for these tours.
Rebeccah Goldware: I'm happy to start the conversation. And so this I believe number Rizvi raised this
Rebeccah Goldware: One or two meetings ago and the pandemic is proving to be interesting. One of the things that I think
Rebeccah Goldware: The colleges in general would be open to instead of groups coming. We could do one or two. So what at this point I'm knowing that Riverside County, while we are in red there is active discussion about shifting back into purple.
Rebeccah Goldware: And knowing that our college our colleges are online through the spring, with the exception of a handful of lab type of situations where we have a little more flexibility.
Rebeccah Goldware: And if it would be acceptable to this group between myself and Renee, we would coordinate with the various colleges and set up.
Rebeccah Goldware: At most, to have you on to visit and that would allow us to coordinate with the staff on the sites.
Rebeccah Goldware: One, not to violate Brown Act as well and then allow some flexibility with schedules, as I know
Rebeccah Goldware: You all have different times of day, that will be the next point. We talked about in terms of scheduling these meetings.
Rebeccah Goldware: And but that would allow some folks to be able to come in the morning if that would fit better within their schedules. So that was an idea I want to deposit to the committee. The other option if we wanted to have large a larger group is I would probably need to wait until
Rebeccah Goldware: The beginning of early 21 to reengage conversation at our next meeting in January.
warrenavery: Is really, I know you brought this to the board's attention last meeting, would you like to, you know, any comments or thoughts. I'll let you go first. Since you brought it last time.
Fauzia Rizvi: I'm open to going to people if that's okay with everybody to, you know, one to two people.
Fauzia Rizvi: It might be a lot of work for the staff and coordination, but this is something that we can do. Or we can all wait early next year, see how things go.
Fauzia Rizvi: This pandemic, you know, especially next couple of months, how it turns out. And we can wait till then, I have I'm okay. It was a suggestion that I thought that it's a nice idea for us to see where the money has been spent and mirror what's going on so
warrenavery: I agree, Miss Rosie. I know it's a lot for the, the staff, but maybe, maybe not. Everybody wants to do it right, too. So maybe if you throw it out there. Hey, here's a time I'll take the first two who say yes.
warrenavery: That type of thing. And then here's the next opportunity.
warrenavery: The first two to say yes. And then maybe you nobody says yes, that they want to go to that tour. Right. So if you're okay with that staff and then knowing that the committee members. When you get an email from this goal, where or this visual that says, hey,
warrenavery: It's time for a meeting, then you got then you got to go right so
warrenavery: How's that sound.
Eva Petty: Good. I was gonna say I had a question.
Eva Petty: Sorry, sorry, Mike. Hold on. Real quick, I
Eva Petty: Just wanted to ask, real quick, um, were there any other potential
Eva Petty: Virtual options or that's that's
Eva Petty: Not an option.
Rebeccah Goldware: I would love for that to be an option. I don't have a drone policy yet so I don't have a drone and the other option that we can look into.
Rebeccah Goldware: That I am getting information still on. I don't have a lot of clarity on it yet, is we could create the tour. I mean,
Rebeccah Goldware: I have an iPhone. Many of us have phones with cameras. We could go through and walk the space and create
Rebeccah Goldware: In essence, a video for you. And that is it is different than coming to the physical location. And that's something my appreciation I candidly didn't notice archaea, who's on this call and helping on the back end today and for sharing some information. So that's another
Rebeccah Goldware: Piece that we could look into.
Rebeccah Goldware: For those who may not be able to or want to come on site.
Rebeccah Goldware: So that's something we can consider as well.
warrenavery: As well.
Mike Vahl: I wouldn't be opposed just to waiting till spring, see if this thing kind of sort of
Mike Vahl: Dies cells down after hopefully the vaccine starts out there and
Mike Vahl: You know, this thing's gone to another season and just we could just because
Mike Vahl: Being there live is just so much more effective. I mean, the first time I went to. I've seen pictures, five years of
Mike Vahl: reno Valley campus. And the first time I would rather I go, it's totally different.
Mike Vahl: Than so really the live is better than Memorex so
Mike Vahl: I would be I think maybe we could we maybe we can address it at the January meeting or even the April depending on, you know, see where Cove, it is in 90 days.
Mike Vahl: And if you have to kick it another 90 days, I don't think, you know, walk around campus as of April is a bad thing, either because it's not 100 yet hopefully
warrenavery: All right, Miss patty.
Eva Petty: I'm sorry, I have one more question. Um, as Mike was and I do good mike to it's good to be able to
Eva Petty: Bless you. The sun, the same
Eva Petty: Is would that be contingent, it would we be able to get together at in a larger group if it goes down to purple. Is that the only
Eva Petty: Issue or is that if it goes to purple. It could be a limited is a smaller group.
Rebeccah Goldware: Purpose actually more restrictive, it would be no access
Rebeccah Goldware: Read allows us and read allows the county to have a little more flexibility. There's a little businesses are more flexible, you can have
Rebeccah Goldware: Up to X percent inside and things like that. So it allows it allows us at the at the colleges to have a little more flexibility to move people around.
Rebeccah Goldware: They would still all be social distance we still would not likely be going into buildings and you would be mast, we would do protocols that are in place for the district. So all of those would still stay in place and and candidly, regardless of what color, Warren.
Rebeccah Goldware: Thank you.
warrenavery: Is anybody any committee members dying to get out there. Let's just put it that way to go to Mr balls point
warrenavery: Anybody. Maybe that's the wrong terminology. These days, dying to get out there, but is anybody really want to go right now.
warrenavery: Or is everybody good with let's see what happens in January, see where we're at. And then we can put it on. Let's make sure it's on the agenda at our next meeting as well to discuss. Everybody good with that Miss Rizvi. Are you good with that. I know you put that on there.
Fauzia Rizvi: Tony okay with it.
warrenavery: All right, then we will
warrenavery: We will put this on the next agenda to discuss once again. And our next meeting.
warrenavery: All right.
warrenavery: And speaking of that, what I want to segue. Our next on the agenda is the schedule of CBS Evening.
Rebeccah Goldware: So I bring this forward to you all and it has become apparent we have internal conflicts and frankly, half of the staff in this meeting.
Rebeccah Goldware: Are required to be in two different places. And so the other meeting has gone on without us, which is fine and this meeting is the only one that is flexible to move. And if we could shift and even a day so that it could remain. I think we're on the third
Rebeccah Goldware: Thursday of the month. It could be the third Wednesday of the month, and I would not select Tuesday's only because CITY COUNCIL AND COUNTY.
Rebeccah Goldware: Boards meet those days. And some folks like to participate in multiple meetings. And so I bring that question before you all we can move it to the first week of the month, the last week of the month, it's
Rebeccah Goldware: It's this one Thursday in the month is causing some hardship and the time again at three o'clock works for you all, and the meetings have been noted as an hour.
Rebeccah Goldware: I we should have them at 90 minutes. Most of our agenda is have enough regular business that we go past that hour mark. So in the future, we will schedule them for 90 minutes unless we are otherwise from the group. So that's the
Rebeccah Goldware: Idea that I put before you all in terms of moving forward with the schedule in 2021 and adjusting the date.
warrenavery: All right. Does anyone have
warrenavery: Any thoughts for misquote where
warrenavery: Everybody like Thursday's are, I mean, should we, I guess we have two options. We either move to a different Thursday, a different either the second Thursday of the month, or we move to continuing me the third week but
warrenavery: Wednesday. So those are right like already pick any
warrenavery: Not Tuesday. So those are two options, any committee members have any thoughts taco.
Philip Falcone: I would just just prefer if we it just my personal
Philip Falcone: preference is to go to the second Thursday, if it's if it stays on the third Wednesday. I'm going to be available. I have a recurring monthly meeting on the third Wednesday at three o'clock.
warrenavery: Alright, so we have, we want you there fill up. We want you in our meeting. So, all right. So, uh, does anybody opposed to the second you said the second Thursday. Is that what you propose Philip
Philip Falcone: Really, it could be. Honestly, it could be anything besides the third Wednesday, but I
Philip Falcone: Just throw something out there. Yes.
Philip Falcone: The second second Thursday.
Dwight: Wednesday's are hard for
Fauzia Rizvi: Me to because we've grown our council meetings on
Fauzia Rizvi: That day so I
Fauzia Rizvi: Prefer thirsty as well.
Dwight: Any Thursday.
Fauzia Rizvi: Is good for me.
Philip Falcone: Yes, I agree.
warrenavery: Does anybody opposed to moving our meetings to the second Thursday.
warrenavery: All right, Miss cold where i think i think you have a consensus among the group that the second Thursday works for everyone and and will change the meetings accordingly.
Rebeccah Goldware: We'll go ahead and get that scheduled updated and you will see the invites come through from Renee and or the CBC and email. I'm in the next couple of weeks for the bat for the 21 calendar year. Thank you.
Rebeccah Goldware: Great.
warrenavery: before we adjourn. Is there anything else that any committee members would like to add to the next agenda any items.
warrenavery: You'll have your chance beforehand, but this is just a chance now in public to to get that out there.
warrenavery: The only thing I will put it there is a to discuss the recommendations of the ad hoc bylaws committee to discuss and take action on our recommendations and make that an action item.
warrenavery: Will bring back recommendations to the committee to then vote. Yay or nay on the on the recommendations that we bring
warrenavery: All right, so, and like I said, you'll have a chance to add anything else. Seeing no other everyone. Thank you for your time and your service today. Have a great. Have a great night. Thank you. Meeting injured.
Patricia: Thank you.
Eva Petty: Thank you. Thank you, Lauren for accepting the nomination.
Eva Petty: See you guys next time.