LOS ANGELES UNIFIED SCHOOL DISTRICT SCHOOL CONSTRUCTION BOND CITIZENS OVERSIGHT COMMITTEE Elizabeth Bar-El, Chair LAUSD Student Parent (Primary Member) Stephen English, Vice Chair L.A. City Controller s Office John Naimo, Secretary L.A. County Auditor-Controller s Office (Primary Member) Maria Cabildo LAUSD Student Parent (Primary Member) Chester Widom American Institute of Architects Joseph P. Buchman Legal Counsel Burke, Williams & Sorensen, LLP Ilene Ashcraft Tenth District PTSA Paul Escala California Charter Schools Assoc. Eva Hain AARP John Hakel Associated General Contractors of California Robbie Hunter L.A. Co. Federation of Labor, AFL-CIO Lynda Levitan Thirty-First District PTSA Thomas A. Rubin Oversight Committee Consultant Citizens Regular Meeting 333 S. Beaudry Avenue Los Angeles, CA 90017 Wednesday, September 21, 2011 Pamela Schmidt Early Education Coalition Joan Sullivan L.A. Mayor s Office Wendy Watanabe L.A. County Auditor-Controller s Office (Alternate Member) Barry Waite LAUSD Student Parent (Alternate Member) (Vacant) L.A. Area Chamber of Commerce (Vacant) California Tax Reform Gary C. Anderson Director Frank Padilla Administrator Committee Members Present: Committee Members Absent: Elizabeth Bar-El; S. English; C. Widom; I. Ashcraft; S. Cunningham; P. Escala; R. Hunter; L. Levitan; P. Schmidt; J. Sullivan; B. Waite J. Naimo; M. Cabildo; J. Hakel Agenda Item 1. Call to Order Ms. Bar-El called the meeting to order at 10:05 a.m. Agenda Item 2. Chair s Remarks Ms. Bar-El read the BOC s mission statement: The mission of the strong and independent Oversight Committee is to oversee the expenditure of money for the construction, repair, and modernization of schools by the Los Angeles Unified School District. The Oversight Committee communicates its findings to the Board and the public in order to ensure that school bond funds are invested as the voters intended and that projects are completed wisely and efficiently. Ms. Bar-El reported that she presented the BOC monthly report to the Board of Education at their September 6, 2011 meeting and spoke to the following topics: BOC Membership Process BOC Charter School Task Force Findings and Recommendations Measure Q Task Force Ms. Bar-El reported that she submitted a letter to the Board of Education and Superintendent Deasy on behalf of the BOC regarding the BOC Measure Q Task Force and involvement in the long range planning process.
Page 2 Ms. Bar-El commented on the following topics: New School Year Construction Bond Program BOC Measure Q Task Force New School impact on Receiver Schools Early Start Calendar Agenda Item 3. Member Recognition Presenter: Elizabeth Bar-El, Chair Ms. Bar-El recognized Ms. Cunningham for her two years of volunteer service on the BOC and presented her with a plaque. Each BOC member thanked Ms. Cunningham for her service to the BOC. Agenda Item 4. Consent Calendar Ms. Bar-El introduced the consent calendar consisting of the August 10, 2011 Minutes. Aye: 9 Nay: 0 Agenda Item 6. Facilities Services Division Update Presenter: Kelly Schmader, Chief Facilities Executive Mr. Schmader presented the Facilities Services Division monthly update (FSD Monthly Report) and covered the following topics: 2011 First Day of School 2011-2012: Big Construction Year Early Start Calendar FSD Preparedness Jobs Bill Future Bond Issuance Feedback from September 13, 2011 Board of Education Meeting Feedback from September 20, 2011 Committee of the Whole Meeting Accomplishments Current Bond Program Project Status Remaining Work Photovoltaic Production Deferred Maintenance Revenues Survey and Master Planning Status Strategic Planning Process Ms. Levitan asked if schools are checked prior to the school year beginning to make sure all mechanical (e.g. airconditioners) equipment works properly. Mr. Schmader responded that it is very challenging to go through 750 schools to check all their components. He added that the systems tend to not fail until there is a big demand placed on them. There were over 500 service calls on the first day of school and another 500 on the second day of school. Ms. Levitan noted that there are some elementary schools that have over 900 students. She asked how many elementary schools were over 900 students. Mr. Schmader responded that there are a number of elementary schools with over 900 students and would have to get back to her with more detail. He added that removing schools off of multi-track does not mean they are not overcrowded.
Page 3 Regarding the possibility of requiring more overtime, Ms. Ashcraft asked if it were more reasonable to hire more people as an alternative. Mr. Schmader responded that if hiring more custodial workers were economically feasible, they would. Mr. Widom asked for the total dollar value of projects going to DSA in the next 1-2 years. He also asked for the total dollar value of projects waiting to come out of DSA. Regarding Proposition 39 projects identified as substantially completed in the FSD monthly report, Mr. Escala requested information as to when final completion would be achieved for these projects. Mr. Schmader responded that there were 33 campuses that included Proposition 39 co-locations and they were all completed before the mandatory requirement, which is 10 days prior to the first day of school. Regarding the master planning process, Mr. Escala requested information about the engagement process for pilot schools, sole occupancy charter schools, and public school choice schools. Mr. English requested clarification that without deferred maintenance revenues there would be no deferred maintenance projects resulting in increased expenses to maintain buildings. Mr. Schmader responded affirmatively and added that anytime there is a major building component failure that requires fixing it will be addressed using routine repair and general maintenance funds to maintain safety at the campus. Ms. Bar-El reported that the Board of Education planned to have a discussion in October focused on project delays and/or putting projects on hold and/or shifting funding around. She stated that projects previously approved by the BOC would have to be brought back to the BOC if there were any changes to what was originally approved. She asked if there were any concerns about scheduling since any changes would need to be presented to the BOC prior to the Board of Education. Mr. Schmader responded that the way to move forward would be to make a presentation to the BOC and the Board of Education. Mr. Schmader has been asked to make the presentation to the Board of Education in October. He anticipates making the presentation to the BOC and then to the Board of Education at a subsequent meeting. Ms. Bar-El noted that the next BOC meeting was scheduled for October 19, 2011 and requested clarification that the presentation would not go to the Board of Education prior to the BOC meeting. Mr. Schmader responded that that was his intent. Ms. Bar-El asked BOC legal counsel if this would be required as part of the requirements for bond fund expenditures. Mr. Buchman responded that it depends on what action the Board of Education would be taking and what were the prior BOC approvals/non-approvals. Mr. Schmader noted that it would be good form to present to the BOC and then to the Board of Education, however, that decision has yet to be made. Agenda Item 5. Office of Inspector General Update Presenter: Jess Womack, Inspector General Mr. Womack provided the Office of Inspector General (OIG) update and primarily focused the OIG s bond fund revenues/expenditures through FY2017. The OIG current has sufficient funding to maintain the current staff levels through FY2014. With the current staffing level the OIG will begin running a deficit in FY2015 until more bonds are sold. Agenda Item 7. Facilities Strategic Execution Plan Amendment Define and Approve Two Additional Modified Consent Decree On-Demand Accessibility Projects Presenter: Greg Garcia, Project Execution Resolution 2011-42 Mr. Garcia reported that he enjoyed taking the BOC members on the tour of new school facilities. He offered to take the BOC on a tour of any existing or new school. The proposed SEP amendment is to define and approve two additional Modified Consent Decree On-Demand Accessibility projects at the following schools: Apperson Elementary School o Project scope: Replace concrete steps to boy s and girl s restroom building with American Disabilities Act (ADA) compliant ramp and landing, and modify the door thresholds and hardware o Project budget: $107,760 o Project schedule: Construction is anticipated to begin the fourth quarter of 2011 and to be completed in the first quarter of 2012 Bonita Elementary School
Page 4 o Project scope: Upgrade boy s restroom to include ADA-compliant fixtures, restroom stall, changing table and access; provide and install one ADA compliant drinking fountain; modify the door thresholds and hardware to classroom #18 to meet ADA code requirements o Project budget: $115,842 o Project schedule: Construction is anticipated to begin the fourth quarter of 2011 and to be completed in the first quarter of 2012 Mr. Widom asked how the projects fit into the master plan for each of the campuses. Mr. Garcia responded that there is a current need and the facilities need to be provided. With regard to long term, Mr. Garcia responded that ADA is incorporated into the design of facilities. Mr. Widom asked specifically about the projects in the proposed SEP amendment. Mr. Garcia did not have the information on hand and would get back to Mr. Widom. Mr. Escala asked for clarification that the Independent Monitor has been engaged in the process. Mr. Garcia responded affirmatively. Mr. Escala noted that these types of projects are mandated so location may not be a part of the planning process. Mr. Garcia responded that part of the MCD is to provide On-Demand services for students that request it. Regarding cost, Mr. English asked what assurances could be made that the proposed costs were reasonable. Mr. Garcia responded that these types of projects are estimated by maintenance and operations staff. The estimates are then validated by in-house estimators. Aye: 11 Nay: 0 Resolution 2011-42 Passed Unanimously Agenda Item 8. Facilities Strategic Execution Plan Amendment - Allocate $4.4 Million for the Removal and Replacement of Fold-Up Tables/Benches Program at 111 Schools Presenter: Neil Gamble, Director, Maintenance and Operations Resolution 2011-43 The proposed SEP amendment is to allocate $4.4 million for the removal and replacement of fold-up tables/benches at 111 schools. The total estimated budget is $4.4 million. Ms. Bar-El asked if the funding was coming from the reserve. Mr. Gamble responded affirmatively. Aye: 11 Nay: 0 Resolution 2011-43 Passed Unanimously Agenda Item 9. Facilities Strategic Execution Plan Amendment To Define and Approve a Board Member Discretionary Project at Le Conte Middle School Presenter: Krisztina Tokes, Director, Asset Management Resolution 2011-44 The proposed SEP amendment is to construct and install a skateboard park at Le Conte Middle School. The project budget is $74,000. Ms. Tokes reported that the project will augment the after school at risk program Literacy Arts Culture
Page 5 Education Recreation (LACER) program. It is managed by Beyond the Bell in partnership with the Woodcraft Rangers. Woodcraft Rangers is a non-profit organization that will provide that will provide an instructor and supervisor to manage the site to ensure safety guidelines are met. Ms. Tokes reported that the Le Conte Middle School skateboard program was established in 2004 by school faculty, community advocates, and students. The City of Los Angeles Community Redevelopment Association (CRA) agreed to support and fund construction of the skateboard park. CRA funds were earmarked and required District approval to transfer the necessary funds to Le Conte Middle School. On May 25, 2011 the BOE adopted the Skateboard Park resolution, which approved the skateboard park at Le Conte Middle School; however, the funds identified by the CRA are currently not available due to current state budget proposals. Due to the lack of CRA funding and the importance of this project to Le Conte Middle School and surrounding community, the Board Member has chosen to use his discretionary funds to fund the construction of the project. Public Comment: Irene Chong, Teacher, Le Conte Middle School Public Comment: Paul Hirsch, Community Member Sharon Delugach, Chief of Staff, Board Member Steve Zimmer Ms. Sullivan asked what currently is located in the space where the skateboard park would be located. Ms. Tokes responded that there are tennis courts and a skateboard ramp that is in disrepair. Ms. Bar-El asked how many tennis courts would be available for use. Someone responded that three tennis courts were available. Ms. Sullivan asked how board member discretionary funds work, how they were allocated, how they were originated, and remaining balances. Mr. Rubin responded that almost all of the current funds were expended. Mr. Escala requested a description of the scope of work. Mr. Hirsch responded that the skateboard park would be an above ground wood structure that includes a bowl and street area. It will be constructed of wood and masonite. Mr. Escala asked when the existing ramp was built. Mr. Hirsch responded six years ago. Dennis Stecchi, Director, Special Projects from Beyond the Bell addressed the BOC. Mr. Stecchi reported that the facility to be built will be constructed of wood and sealed with a material called ramp skin that will protect the surface. Ms. Schmidt asked how accessible the space would be when there was no supervision. Mr. Stecchi responded that when the space is closed the area would be locked with pipes so no one could use it. Regarding the CRA money, Mr. Waite reported that the Supreme Court would address the CRA funding issue in January. He suggested waiting until January to see what happens. He also suggested pursuing reimbursement. Mr. English expressed concern about how the project ties into the school s curriculum. He noted that the California Department of Education included skateboarding as part of physical education curriculum. Mr. English asked if skateboarding would be part of the physical education curriculum at Le Conte Middle School if the project moved forward. Ms. Chong responded that it is their intent to have skateboarding included in the physical education curriculum. She added that there will be after school programs as well. Mr. English also expressed concern about the funding. Mr. English suggested maybe waiting to fund this project. He added that if the BOC advised that the money be spent and then later found out it could have been funded by the CRA, the funding would have been recommended unnecessarily. Mr. English noted that he was impressed with the project but suggested the project be brought back to the BOC when the CRA funding situation is resolved. Ms. Ashcraft asked if there was any outreach to the City Councilperson or City of Los Angeles Parks and Recreation to see if they wanted to collaborate. Mr. Stecchi responded the Councilman Garcetti supports building the skateboard park on the campus. Mr. Widom introduced a motion to include language to the resolution that the District would do everything it could to seek reimbursement from the CRA if funds become available. Aye: 9 Nay: 2
Page 6 Resolution 2011-44 Passed Agenda Item 10. Project Delivery Methods Presenter: Mark Hovatter, Director, Procurement Services Mr. Widom introduced this presentation. Mr. Widom noted that he requested this presentation because of the importance of the BOC to understand that there are incredible changes that are happening in the design and construction industry. These changes include technology and are really changing the relationships between owners, contractors, architects, and other design professionals. He believes part of it is contractual relationships. Mr. Widom stated that is important to have an understanding of the tools available by the District in terms of the acquisition of design and construction services. Mr. Hovatter provided a presentation on project delivery methods (Project Delivery Methods Presentation). Agenda Item 11. Portable Removal/Replacement Program Update Presenter: Krisztina Tokes, Director, Asset Management Ms. Tokes provided a presentation on the portable removal/replacement program (Portable Removal/Replacement Program Presentation). Ms. Bar-El asked how many DOH portables the District has. Ms. Tokes did not have the information and would get back to Ms. Bar-El. Public Comment: Bill Ring, TransParent Ms. Levitan expressed concern about portables that were brought in as temporary but were left on site for numerous years. There have health issues associated with some of the portables as they were used much longer than anticipated. Ms. Levitan asked if here have been any health issues associated with portable classrooms. If so, Ms. Levitan asked what the process was to get these portables removed. Ms. Tokes responded that she is not aware of any health issues but will look into it and report back. Ms. Tokes added that one of the criteria they are looking at for portable removal is if they are aged or deteriorated. If the portable has reached the end of its lifespan, the portable should be removed instead of propping it up. Mr. English expressed concern about the number of portable classrooms on the Van Nuys High School. This is a high school with over 3,000 students and more than half of them are in portables. This high school s facilities were not built for the current number of students. Mr. English noted that there are many schools that have too many portables. In addition to an aesthetic issue, it impacts play space. Mr. English requested the discussion of this item be brought back to a future BOC meeting. Regarding the chart that discusses determining sites with the greatest need, Mr. English noted that the criteria are very reasonable. Mr. English asked how the eligibility for State funding is taken into consideration with respect to the criteria. Mr. English believes more attention should be given to what could be done in the short run to take advantage of the State money that is available to replace some of the portables. With regard to the criteria of cost efficiency, Ms. Bar-El asked if this factored in the ability to get State funds. Ms. Tokes reported that all projects listed in the report will leverage state funds because they meet required criteria. Ms. Bar-El reported that a future discussion should focus on time concerns. Focus on what needs to be done to pursue state funds for portables removal/replacement while they are available and what needs to be done in planning process so projects are ready to go. Agenda Item 12. Public Comment No public comment. Agenda Item 13. Open Discussion of Non-Agenda Matters Presenter: Elizabeth Bar-El, Chair No open discussion due to lack of time.
Page 7 Ms. Bar-El adjourned the meeting at 12:26 p.m. Minutes of September 21, 2011 Approved per Bond Oversight Committee on October 19, 2011 John Naimo John Naimo, Secretary