Special Board Meeting

Quick Summary / Staff Recommendation

Pursuant to Government Code section 54956.9, subdivision (b), the Board will consider potential significant exposure to litigation: 1 case

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Quick Summary / Staff Recommendation

Property: 13666 E. 14th Street, San Leandro, California Agency Negotiator: Cindy Cathey, Superintendent; Song Chin-Bendib, Assistant Superintendent Business and Operations; C. John Dominguez, School Site Solutions, Inc.; Philip Henderson, Orbach, Huff & Suarez, LLP Negotiating Parties: Potential party for negotiated purchase is Girls, Inc. Under Negotiation: Price and terms of payment for potential purchase.

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Actions

Motion - Motion made by Mike Katz-Lacabe and a seconded by Diana Prola. | Vote: Yes Hermy Almonte .; Yes Carmen Sullivan .; Yes Lance James .; Yes Diana Prola .; Yes Mike Katz-Lacabe .; Yes Morgan Mack-Rose .

Quick Summary / Staff Recommendation

Approve the Special Board meeting agenda for July 10, 2012.

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Quick Summary / Staff Recommendation

Members of the audience who wish to address the Board are asked to complete the yellow card available at the entrance and submit it to the Board's Administrative Assistant. Speakers who have completed the card will be called when the item is reached on the agenda or, for non-agenda items, during the Public Testimony. Cards are to be turned in before the item is reached on the agenda. Please note that the meeting is being recorded. State law prohibits the Board of Education from taking any action on or discussing items that are not on the posted agenda except to A) briefly respond to statements made or questions posed by the public in attendance; B) ask questions for clarification; C) provide a reference to a staff member or other resource for factual information in response to the inquiry; or D) ask a staff member to report back on the matter at the next meeting and/or put it on a future agenda. (Government Code 54954.2(a)).

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Minutes

Assistant Superintendent of Business and Operations, Song Chin-Bendib, Mike Murphy, Director of Bond Projects, Kurt Weidmann, Consultant with Harris and Associates, and Kevin MacQuarrie, WLC Architects, provided the board with information related to the San Leandro High School Swim Center and Fields projects. The presentation included: Chronology and clarification of the issues (including change of project scope and missed timelines Input from the Steering Committee regarding scaling back project design Identification of modifications and adjustments to the project in order to meet budget requirements including: what remains part of the project, what has been deleted, what has been included in the bid documents as core program vs. add alternates and the impact of all modifications and adjustments on the overall project and timeline Outstanding Issues, including budget shortfall of $2.7M It was very clear that the Board was frustrated and angry about what had transpired. With regards to the presentation, Trustees James and Mack-Rose posed a question to WLC Architects on whether or not the design presented to the Board on September 7 and subsequently at three public meetings was going to be a $7.5M design, to which the WLC responded, "It was never going to be a $7.5M project at that point." Trustee Prola followed up by trying to understand why someone would design something that didn't fit the budget. Trustee Mack-Rose asked for an explanation on why there was a delay in submitting the schematic design to DSA to December 12 from the time the Board was told on September 20 that the design would be submitted on October 20, adding that the Board should have been made aware of the delay and the impact to the budget. Additional comments and questions raised focused on the unfunded facility needs that have been identified/developed since July 19, 2011, and options for re-prioritization of the July 9, 2011, list. The presentation was followed by a Board session designed to allow the Board sufficient time to hear the public and discuss the issues related to the project and the information presented. Staff is seeking direction from the Board regarding the scope of project, addressing the $2.7M shortfall, and next steps.

Quick Summary / Staff Recommendation

Goals #2: Ensure the Financial Stability and Efficiency of the District Assistant Superintendent of Business and Operations, Song Chin-Bendib, Mike Murphy, Director of Bond Projects, Kurt Weidmann, Consultant with Harris and Associates, and Kevin MacQuarrie, WLC Architects, will provide the Board with information related to the San Leandro High School Swim Center and Fields project. The presentation will include: Chronology and clarification of the issues (including change of project scope and missed timelines Input from the Steering Committee regarding scaling back project design Identification of modifications and adjustments to the project in order to meet budget requirements including: what remains part of the project, what has been deleted, and what has been included in the bid documents as core program vs. add alternates and the impact of all modifications and adjustments on the overall project and timeline Outstanding Issues, including budget shortfall of $2.5M The presentation will be followed by a Board session designed to allow the Board sufficient time to discuss the issues related to the project and the information presented. Staff is seeking direction from the Board regarding scope of project, addressing the $2.5M shortfall, and next steps.

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Quick Summary / Staff Recommendation

These items are submitted for advance planning and to assist the Board in establishing future agenda items. The Board may, however, take action on the following:

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Fiscal Impact

None to the General Fund. Potential impact to Measure M and B projects and/or Measure B savings projects up to an amount of approximately $2.5M depending upon Board action

To

Cindy M. Cathey, Superintendent

Minutes

PUBLIC COMMENT Al Frates, Rich Fishbaugh, Richard Ellison, Martin Capron, Pauline Cutter, Jeff Engler, Jerome Manos, Jerry Engler, and Brad Bowers addressed the Board regarding the $2.7M budget shortfall for the San Leandro High School Swim Center and Fields project as designed. Speakers shared their disappointment and frustration regarding the lack of communication between the District and architects. They offered alternate solutions and urged the Board to use their imagination, look at other areas to scale back and keep their promise to the community and do what is best for the students. Responding to the frustration felt by the public speakers, Trustee Sullivan expressed that the District relied on things going a certain way. "We could've made the calls", adding that the District is feeling the pain as well, questioning how something like this could have happened, and "how we can make this work for the kids while keeping our promises to the community." The Board reviewed and discussed the information shared by staff, and some difficult choices regarding the scope of the project particularly related to the size of the pool (30 meter pool vs. a 33 meter pool), artificial turf, decomposed granite vs. concrete, and dealing with cost escalation, etc. At the conclusion of the discussion, the Board accepted staff's recommendation to increase the budget by $2.7M to deliver the project as designed and bid, and using the savings identified by Harris and Associates. Before voting, the Board shared their general disposition with regards to the process, timeline, and budget shortfall of the pool and fields project at San Leandro High School: Trustee Prola was dismayed. Trustee James spoke about the lack of communication, and hoped for earlier updates for future projects. Stating, "While none of us are happy, we want to leave here knowing that we have the community's support, and we are doing the best we can." Trustee Katz-Lacabe commented that this is a huge improvement from what we have now, and while it may not be "the mansion on the hill," "it is a worthwhile investment for the students and community." Trustee Sullivan echoed Trustee Katz-Lacabe's sentiments; however, felt that was very unfortunate that the District was put in this position - looking at something beautiful and having to scale it back down, "It's a slap in the face." She hoped the community would be forgiving of us for this error and felt terrible that we have to look in other areas to make this "scaled down" design work. However, one thing Trustee Sullivan could positively say was, "This will never happened again, because the "watchful eyes" are out there now and the ball will not be dropped again. Trustee Sullivan acknowledged and thanked WLC for the apology knowing that they would not let this happen again. Trustee Almonte was very upset, commenting that he was here because of the voters of San Leandro, and acknowledging that "Miscommunication occurred, leadership failed and we need to delve deeper into who dropped the ball." Trustee Mack-Rose commented that the community feels they are being short-changed because their expectations were set at a certain level in September 2011, their trust had been broken and WLC needs to understand that this will have a reverberating effect in the community as we move forward. She believed that we would not be here today if WLC had a better concept of the cost of what they were designing because when they were contracted they knew what the District's budget was and still went ahead and designed something that was 67% over budget and then the District was not made aware of it until 6 months after it was submitted to DSA - a huge failure on the part of WLC, adding that it was their job to walk us back to what we could afford and they failed to do that in the first place. We pay a lot of money for professional services because none of us are professional architects or construction managers. Trustee Mack-Rose made it clear that she is not willing to take it from other Measure M projects because it is not just the high school who was going to benefit from Measure M, it is about all the kids in this community. She concurred with Trustee James and hoped that, as we move forward, the community will communicate to its friends that we will have a great facility despite this set back and still needs their support.

Actions

Motion - Motion made by Lance James and a seconded by Carmen Sullivan. | Vote: Yes Hermy Almonte .; Yes Carmen Sullivan .; Yes Lance James .; Yes Diana Prola .; Yes Mike Katz-Lacabe .; Yes Morgan Mack-Rose .

Quick Summary / Staff Recommendation

Review, discuss, and take possible action to address the $2.5M budget shortfall for the San Leandro High School Swim Center and Fields project, including scope of work and next steps.

Background Information

The San Leandro High School Swim Center and Fields project is considered one of the Measure M marquee projects. WLC was hired as the architect for the project. Conceptual Design teams for the pool and fields were formed to identify project priorities and user needs while staying within the Measure M projected budget. The conceptual design teams met numerous times over the course of several months in Spring, 2011. It was estimated that the work of the conceptual design team represented approximately 30% of the design phase. Upon the conclusion of the conceptual design team meetings, the architects took the information and created the documents to be submitted to Division of State Architects (DSA) for approval. Submission to DSA took place in December with approval received on May 18, 2012. Around May 4, it was brought to the District?s attention that the estimate for the SLHS Swim Center and Fields project as designed was over budget. On May 10, it was learned that the project was approximately 70% over budget according to figures provided by a WLC's third party estimator. Immediately the District began working with Harris and Associates and WLC Architects to evaluate the issues, pull back on as many design elements as possible, and to redesign the project within the scope of the budget. Additionally, the Steering Committee was reconvened so that the issues could be presented to them and so that they could once again identify their highest priorities, given that the project would have to be scaled back substantially to meet the budget requirements. With many elements now deleted or included as add alternates, the bid opening deadline was extended until July 10, 2012 at 2:00pm. This extension will allow potential bidders adequate time to thoroughly bid the projects, including the add alternatives. As part of this Board session and conference item, the Board will review and discuss the following: Changes in the scope of the project Changes to the timelines, including missed timelines ? Core project and add alternates Bid Opening The $2.5M budget shortfall, potential funding sources and impact to other projects, potential for additional scale backs, and the pros and cons for the various options Revised project timeline Measure M & Measure B projects and potential impacts, including Measure B savings Other Measure M & B topics as appropriate Because this project is time sensitive, it is being presented to the full Board for discussion and possible action rather than being vetted by the Board Facilities and Technology Committee. Staff is seeking direction from the Board regarding final scope of project, addressing the $2.5M budget shortfall, and next steps regarding the SLHS Swim Center and Fields project.

From

Song Chin-Bendib, Assistant Superintendent, Business and Operations

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Quick Summary / Staff Recommendation

These items are presented for action at this time. Some may have been reviewed at a previous meeting.

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Fiscal Impact

$23,670.00 to be funded from the General Fund

To

Cindy M. Cathey, Superintendent

Actions

Motion - Motion made by Lance James and a seconded by Hermy Almonte. | Vote: Yes Hermy Almonte .; Yes Carmen Sullivan .; Yes Lance James .; Yes Diana Prola .; Yes Mike Katz-Lacabe .; Yes Morgan Mack-Rose .

Quick Summary / Staff Recommendation

Approve the Contracted Services Agreement with Godbe Research for Community Polling Services.

Background Information

Since 2007-2008, districts across the state of California have been faced with drastic budget cuts from Sacramento. San Leandro Unified School District has lost more than $12M in funding since that time. In addition, the state has deferred the cash payments owed to districts month after month. For five straight years, the District and the Bargaining groups have worked hard together to make sacrifices and concessions that would maximize our ability to maintain and preserve programs. The Board has used nearly 90% of the one time funds that it had available to sustain programs. The Board has also swept as much Tier III funds as is reasonable without completely decimating critical programs such as Adult School and Regional Occupational Programs (ROP). Concessions, use of one time funds, and sweeping Tier III flexible funds have allowed the District to stave off more drastic budget cuts. In spite of these efforts, the District has seen class sizes increase at the secondary level and increase from 20 to 28 at grades K-3, a decrease in counselors, loss of instrumental music, etc. The District has also been able to maintain and protect some programs which are important to our students and our community, including: art, music and PE at grades K-5, secondary librarians, some counselors, and athletics. The agreements with our bargaining groups allowed us to protect and maintain critical programs for the 2012-2013 school year only. The one time money has been spent. If something is not done, the Board will be faced with once again having to make drastic cuts to keep the District fiscally solvent, but which will profoundly impact programs. In December of last year, the Board hired an outside consultant to conduct a community poll to determine the highest priority programs to protect and maintain and to assess the community?s support for a potential parcel tax that was under consideration. The polling showed that our community supports our schools and that they needed more information about school finances and the budget situation. Since that time, staff has formed a Blue Ribbon Committee of concerned citizens and conducted more than 50 presentations to school and community groups to provide critical information about the District?s finances and to seek input via a survey regarding highest priority programs to protect and maintain. Additionally, the District has sent a mailer to the community seeking their input and ideas. The District is at a critical juncture. Funding from Sacramento is not expected to improve over the next several years; in fact funding is expected to stay at about the 2008 level even if the Governor?s tax initiative passes. The state is also not expected to pay districts back the money that has been deferred any time soon or ever. Because of this statewide fiscal crisis that continues, the Board must consider seeking local funds through a potential parcel tax. Staff is seeking to contract with Godbe Research to conduct a poll of the community to confirm highest priority programs to protect and maintain and to evaluate the feasibility of placing a parcel tax measure on an upcoming ballot, ideally in the November 2012 general election. Godbe research is a state leader in public opinion research, works with districts across the state and has extensive experience with parcel tax polling. The poll will be conducted in English, Spanish, and Cantonese. It is recommended that the Board approve the funds ($23,670.00) for an 18 minute poll. This will allow the Godbe staff to design a poll that will adequately get answers to questions that must be asked and explained to the community as part of the poll. Eighteen minutes is an adequate compromise when compared to a simple 15 minute poll and a more extensive 20 minute poll. The District appreciates the fee reduction that Godbe has offered us. The services from Godbe Research are outlined in the attached contract.

From

Song Chin-Bendib, Assistant Superintendent,Business & Operations

Attachments

• Godbe Research for Community Polling Services Agreement PDF · 58.8 KB ViewOpen Godbe Research for Community Polling Services AgreementDownload Godbe Research for Community Polling Services Agreement

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Minutes

Regular Board Meeting - July 17, 201 Regular Board Meeting - August 7, 2012 Regular Board Meeting - August 21, 2012 Regular Board Meeting - September 5, 2012 (Wednesday) Special Board Meeting - September 11, 2012 (District Office) Regular Board Meeting - September 18, 2012 Regular Board Meeting - October 2, 2012 Tentative Board Meeting/Work Session - October 9, 2012 (District Office) Regular Board Meeting - October 16, 2012 Regular Board Meeting - November 6, 2012 Tentative Board Meeting/Work Session - November 13, 2012 Regular Board Meeting - December 4, 2012 Special Board Meeting - December 11, 2012 (District Office) Regular Board Meeting - December 18, 2012 (if needed) Regular Board Meeting - January 15, 2013 Regular Board Meeting - January 29, 2013 Regular Board Meeting - February 5, 2013 Tentative Board Meeting/Work Session (District Office) Regular Board Meeting - February 26, 2013 Regular Board Meeting - March 5, 2013 Special Board Meeting - March 12, 2013 (District Office) Regular Board Meeting - March 19, 2013 Regular Board Meeting - April 2, 2013 Regular Board Meeting - 16, 2013 Regular Board Meeting - May 7, 2013 Tentative Board Meeting/Work Session - May 14, 2013 (District Office) Regular Board Meeting - May 21, 2013 Regular Board Meeting - June 4, 2013 Regular Board Meeting - June 18, 2013 Special Board Meeting - June 25, 2013 (District Office)

Quick Summary / Staff Recommendation

Regular Board Meeting - July 17, 201 Regular Board Meeting - August 7, 2012 Regular Board Meeting - August 21, 2012 Regular Board Meeting - September 5, 2012 (Wednesday) Special Board Meeting - September 11, 2012 (District Office) Regular Board Meeting - September 18, 2012 Regular Board Meeting - October 2, 2012 Tentative Board Meeting/Work Session - October 9, 2012 (District Office) Regular Board Meeting - October 16, 2012 Regular Board Meeting - November 6, 2012 Tentative Board Meeting/Work Session - November 13, 2012 Regular Board Meeting - December 4, 2012 Special Board Meeting - December 11, 2012 (District Office) Regular Board Meeting - December 18, 2012 (if needed) Regular Board Meeting - January 15, 2013 Regular Board Meeting - January 29, 2013 Regular Board Meeting - February 5, 2013 Tentative Board Meeting/Work Session (District Office) Regular Board Meeting - February 26, 2013 Regular Board Meeting - March 5, 2013 Special Board Meeting - March 12, 2013 (District Office) Regular Board Meeting - March 19, 2013 Regular Board Meeting - April 2, 2013 Regular Board Meeting - 16, 2013 Regular Board Meeting - May 7, 2013 Tentative Board Meeting/Work Session - May 14, 2013 (District Office) Regular Board Meeting - May 21, 2013 Regular Board Meeting - June 4, 2013 Regular Board Meeting - June 18, 2013 Special Board Meeting - June 25, 2013 (District Office)

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Minutes

The meeting was adjourned at 9:35 p.m.

Actions

Motion - Motion made by Lance James and a seconded by Diana Prola. | Vote: Yes Hermy Almonte .; Yes Carmen Sullivan .; Yes Lance James .; Yes Diana Prola .; Yes Mike Katz-Lacabe .; Yes Morgan Mack-Rose .

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