President James called the meeting to order at 6:00 p.m.  It was noted that all Board members were present with the exception of Trustees Katz-Lacabe and L?pez.  

There was no public testimony on Closed Session items.

The Board recessed into Closed Session at 6:01 p.m.

The Board reconvened into Open Session at 6:30 p.m.  It was noted that Trustee L?pez arrived at 6:01 p.m. and Trustee Katz-Lacabe arrived at 6:03 p.m.

President James led the Pledge of Allegiance to the Flag.

President James noted the following amendments to the agenda:

• Pull Action Item 11d - Lease-Leaseback Contract with Strawn Construction for Project #14-01 (McKinley, Monroe, Roosevelt and Washington Elementary School Modernization and Voluntary Seismic Upgrade Amendment and Bancroft Middle School Voluntary Seismic Upgrade) and Project #14-04 (Jefferson Elementary School Modernization at the Multi-Purpose Room)
  
• Move the Student Board Member Certificate of Commendation presentation up before the "Legal Statement" as the Student Board member needed to leave, so that she could perform in the San Leandro High School Band Concert this evening.  

The Board then approved the agenda for the Special Board Meeting held on May 28, 2014, as amended.

Approve the agenda for the Special Board Meeting held on May 28, 2014.

The Board of Education and the Superintendent presented Ellie Erickson with a Certificate of Commendation for her outstanding service as a Student Board Member for the San Leandro Unified School District Board of Education for the 2013-2014 school year. Each of the members and the Superintendent personally thanked Ellie for her service and wished her the best as she continues her educational journey at Cal Poly, San Luis Obispo.

The Board of Education and the Superintendent will present Ellie Erickson with a Certificate of Commendation for her outstanding service as a Student Board Member for the San Leandro Unified School District Board of Education for the 2013-2014 school year.

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)).

There was no public testimony on Non-Agenda Items.

There was no report as Student Board member Ellie Erickson left early to perform in the San Leandro High School Band Concert.

Dr. Rosanna Mucetti, Assistant Superintendent, asked that the first contract with Jennifer Beck Consulting, listed on the Contracts for Amounts $5,000 or Less for Fiscal Year 2013-2014 spreadsheet, be pulled.

The Board then approved the Consent Items as amended. 

Approve contracts on the attached spreadsheet which are for amounts $5,000 or less for fiscal year 2013-2014.

Bond Director John Dominguez provided information with regards to the upcoming summer projects.  Detailing the scope of work for each project, Mr. Dominguez said that the amount of the Lease-Leaseback Contract with BRCO Construction was $1,979,507.  Projects include:

• Project #14-05, for the San Leandro Open Space Project
• Project #14-11 for the San Leandro High School Renovation of Tennis Courts
• Project #14-13 for the San Leandro High School Exterior Site work

Harris & Associates Program Manager, Sefain Fernandez noted that in addition to the original scope of work at the high school, bleachers would be added to the softball and baseball fields, football stadium, and nets would be added to the varsity softball field.

It was reported that the projects will begin tomorrow, May 29, with a completion date will be August 15, 2014, with the exception of the bleachers, which may extend the completion time of the entire project to the end of October 2014. It was also noted that the scope of work does not include a scoreboard at the high school.

The Board then approved the Lease-Leaseback Contact with BRCO Constructors Inc. for Project #14-05 for the San Leandro High School Open Space Project; Project 
#14-11 for the San Leandro High School Renovation of Tennis Courts; an Project #14-13 for the San Leandro High School Exterior Site work.

Approve the contract with BRCO Constructors, Inc., (the amount of this contract will be provided on 05/28/2014):

• Project #14-05, for the San Leandro High School Open Space Project;
• Project #14-11 for the San Leandro High School Renovation of Tennis Courts; and
• Project #14-13 for the San Leandro High School Exterior Site Work.

On February 4, 2014, the Board of Education received a presentation from Philip J. Henderson, Attorney at Law, Orbach Huff Suarez & Henderson LLP, on the Lease-Leaseback (LLB) Construction Project Delivery Method Available per Education Code Section 17406, which the District will use to deliver some of the bond construction projects in 2014. The basic structure of the LLB is as follows:

• District leases real property to a builder for $1 (site lease)
• Builder constructs facility, then leases the facility back to the district?this is the ?leaseback? component (facility lease)
• District makes payments for construction costs:
• Tenant improvement payments during construction
• Lease payments after construction
• The construction terms and conditions are part of an exhibit to the facility lease
• Title to the new facility vests in the District as lease payments are made
• District makes lease payments for a period of time and has the option to make a balloon payment to the builder to buy out the facilities lease

One of the benefits of using a LLB delivery method is that a district can utilize a best value evaluation to choose its builder.  Many districts have found that there are fewer performance issues using this method.  Although there is no guarantee of no change orders, many districts have also found fewer change orders under this method.

LLB contracts are still school district public work contracts and the builder must pay prevailing wages, issue bonds.  In addition, the District must still have DSA approval and Field Act compliance.  The District?s Project Stabilization Agreement may also be incorporated into each Lease Agreement.

Staff issued four RFQ?s to the general contracting public through advertisements in the Daily Review on March 18 and March 25, 2014.  The RFQs were also sent to thirteen (13) contractors who had previously worked successfully with the District and the design teams.  Nine general contractors responded to the RFQs on April 2.  Also, all nine (9) of the respondents met the District?s prequalification criteria.  On April 8 staff issued three (3) RFPs to the six (6) most qualified contractors and led mandatory site walks for each project.  Three (3) contractors responded to the RFPs and submitted proposals on the due date of April 25.

Harris & Associates Program Manager Serfain Fernandez explained that this Lease Leaseback Contract with Jeff Luchetti Construction Inc. is for preliminary/pre-construction services. The pre-construction services scope of work allows the contractor to work with the design team to look at ways to minimize costs. This is a three-month contract, not to exceed $26,100. Once the designs have been completed and construction costs identified, amendments to this contract will be brought back to the Board. Projects include:

• Project #14-07 - Wilson Elementary School Parking Lot, Irrigation and Fields
• Project #14-08 - Madison Elementary School/District Office Parking Lot
• Project #14-12 - Muir Middle School Parking Lot and Courtyard Landscaping

The Board then approved the Agreement for Preliminary Services (Preconstruction Services) with Jeff Luchetti Construction Inc. for Project #14-07 for the Wilson Elementary School Parking Lot, Irrigation and  Fields Project;  #14-08 for the Madison Elementary School/District Office Parking Lot; and Project #14-12 for the Muir Middle School Parking Lot and Courtyard Landscaping. 

On February 4, 2014, the Board of Education received a presentation from Philip J. Henderson, Attorney at Law, Orbach Huff Suarez & Henderson LLP, on the Lease-Leaseback (LLB) Construction Project Delivery Method Available per Education Code Section 17406, which the District will use to deliver some of the bond construction projects in 2014. The basic structure of the LLB is as follows:

• District leases real property to a builder for $1 (site lease)
• Builder constructs facility, then leases the facility back to the district?this is the ?leaseback? component (facility lease)
• District makes payments for construction costs:
• Tenant improvement payments during construction
• Lease payments after construction
• The construction terms and conditions are part of an exhibit to the facility lease
• Title to the new facility vests in the District as lease payments are made
• District makes lease payments for a period of time and has the option to make a balloon payment to the builder to buy out the facilities lease

One of the benefits of using a LLB delivery method is that a district can utilize a best value evaluation to choose its builder.  Many districts have found that there are fewer performance issues using this method.  Although there is no guarantee of no change orders, many districts have also found fewer change orders under this method.

LLB contracts are still school district public work contracts and the builder must pay prevailing wages, issue bonds.  In addition, the District must still have DSA approval and Field Act compliance.  The District?s Project Stabilization Agreement may also be incorporated into each Lease Agreement.

Staff issued four RFQ?s to the general contracting public through advertisements in the Daily Review on March 18 and March 25, 2014.  The RFQs were also sent to thirteen (13) contractors who had previously worked successfully with the District and the design teams.  Nine general contractors responded to the RFQs on April 2.  Also, all nine (9) of the respondents met the District?s prequalification criteria.  On April 8 staff issued three (3) RFPs to the six (6) most qualified contractors and led mandatory site walks for each project.  Three (3) contractors responded to the RFPs and submitted proposals on the due date of April 25.

Staff recommends awarding the Agreement for Preliminary Services (Preconstruction Services) to Jeff Luchetti Construction pending DSA approval of the projects.  Following DSA approval, the District and Contractor intend to enter into contract to construct the projects under a LLB contract.

Harris Program Manager Serfain Fernandez explained that the scope of work includes three (3) additional restrooms at Madison Elementary School: One (1) new boys' standard restroom; One (1) new girls' standard restroom; and One (1) new Special Education restroom.  The cost for the three restrooms will be $208,144.65.  The work will begin on June 16 and will be completed by August 15, 2014.

Responding to Trustee Katz-Lacabe regarding of the possibility that the projects may not be completed before schools open on August 20, Mr. Fernandez said the project is expected to be completed two weeks earlier than August 15. 

The Board then approved the Lease-Leaseback Contract with Rodan Builders for Project #14-03 for the Madison Elementary School Classroom Restroom Addition and Exterior Access. 

On February 4, 2014, the Board of Education received a presentation from Philip J. Henderson, Attorney at Law, Orbach Huff Suarez & Henderson LLP, on the Lease-Leaseback (LLB) Construction Project Delivery Method Available per Education Code Section 17406, which the District will use to deliver some of the bond construction projects in 2014. The basic structure of the LLB is as follows:

• District leases real property to a builder for $1 (site lease)
• Builder constructs facility, then leases the facility back to the district?this is the ?leaseback? component (facility lease)
• District makes payments for construction costs:
• Tenant improvement payments during construction
• Lease payments after construction
• The construction terms and conditions are part of an exhibit to the facility lease
• Title to the new facility vests in the District as lease payments are made
• District makes lease payments for a period of time and has the option to make a balloon payment to the builder to buy out the facilities lease

One of the benefits of using a LLB delivery method is that a district can utilize a best value evaluation to choose its builder.  Many districts have found that there are fewer performance issues using this method.  Although there is no guarantee of no change orders, many districts have also found fewer change orders under this method.

LLB contracts are still school district public work contracts and the builder must pay prevailing wages, issue bonds.  In addition, the District must still have DSA approval and Field Act compliance.  The District?s Project Stabilization Agreement may also be incorporated into each Lease Agreement.

Staff issued four RFQ?s to the general contracting public through advertisements in the Daily Review on March 18 and March 25, 2014.  The RFQs were also sent to thirteen (13) contractors who had previously worked successfully with the District and the design teams.  Nine general contractors responded to the RFQs on April 2.  Also, all nine (9) of the respondents met the District?s prequalification criteria.  On April 8 staff issued three (3) RFPs to the six (6) most qualified contractors and led mandatory site walks for each project.  Three (3) contractors responded to the RFPs and submitted proposals on the due date of April 25.

This item was pulled from the agenda.

Approve the contract with Strawn Construction (the amount of this contract will be provided on 5/28/14) for

• Project #14-01, for McKinley, Monroe, Roosevelt and Washington Elementary School Modernization and Voluntary Seismic Upgrade and Bancroft Middle School Voluntary Seismic Upgrade; and
• Project #14-04 for the Jefferson Elementary School Modernization at the Multi-Purpose Room.

On February 4, 2014, the Board of Education received a presentation from Philip J. Henderson, Attorney at Law, Orbach Huff Suarez & Henderson LLP, on the Lease-Leaseback (LLB) Construction Project Delivery Method Available per Education Code Section 17406, which the District will use to deliver some of the bond construction projects in 2014. The basic structure of the LLB is as follows:

• District leases real property to a builder for $1 (site lease)
• Builder constructs facility, then leases the facility back to the district?this is the ?leaseback? component (facility lease)
• District makes payments for construction costs:
• Tenant improvement payments during construction
• Lease payments after construction
• The construction terms and conditions are part of an exhibit to the facility lease
• Title to the new facility vests in the District as lease payments are made
• District makes lease payments for a period of time and has the option to make a balloon payment to the builder to buy out the facilities lease

One of the benefits of using a LLB delivery method is that a district can utilize a best value evaluation to choose its builder.  Many districts have found that there are fewer performance issues using this method.  Although there is no guarantee of no change orders, many districts have also found fewer change orders under this method.

LLB contracts are still school district public work contracts and the builder must pay prevailing wages, issue bonds.  In addition, the District must still have DSA approval and Field Act compliance.  The District?s Project Stabilization Agreement may also be incorporated into each Lease Agreement.

Staff issued four RFQ?s to the general contracting public through advertisements in the Daily Review on March 18 and March 25, 2014.  The RFQs were also sent to thirteen (13) contractors who had previously worked successfully with the District and the design teams.  Nine general contractors responded to the RFQs on April 2.  Also, all nine (9) of the respondents met the District?s prequalification criteria.  On April 8 staff issued three (3) RFPs to the six (6) most qualified contractors and led mandatory site walks for each project.  Three (3) contractors responded to the RFPs and submitted proposals on the due date of April 25.

Trustee Carey reminded that Board that the San Leandro High School Advanced Placement (AP) and Studio Art Exhibition will be tomorrow night, May 29, 4-7 p.m. at the San Leandro High School Arts Education Center (AEC) Gallery.

Trustee Prola commented that Bancroft Middle School will also be hosting their Civilizations of the World Faire tomorrow night, May 29, from 6:00-7:45 p.m. The Cherry Festival is this weekend, and she reminded the Board to sign up to "man the booth."  

Trustee Rosato reported that he attended the San Leandro High School Jazz Spring Concert, May 27 at the Arts Education Center.  He will be traveling to Los Angeles for the CTA State Council of Education conference this weekend.

Trustee Katz-Lacabe attended the Bancroft Musical Theatre Annual spring musical: Hairspray commenting that it was a nice production and well done. In response to Trustee Katz-Lacabe regarding the process for replacing Trustee Toro who resigned, Superintendent McLaughlin said that he spoke with legal counsel and confirmed that the election code says: "If a vacancy occurs from six months to 130 days before a regularly scheduled Board election at which the position is not scheduled to be filled, a special election to fill the position shall be consolidated with the regular election," adding that the person so elected shall serve only until the end of the term of the position which he/she was elected to fill. 

Trustee L?pez attended the candlelight vigil held for San Leandro High School student Brittney Silva, along with Trustees Katz-Lacabe and Assistant Superintendent John Thompson, noting that it was wonderful see all the support for the family.

Trustee James commented that because of the number of participants in the Cherry Festival Parade, it has been suggested that participants be dropped off at the corner of Marina Blvd. and Washington Avenue and walk up to the Boys and Girls Club. He also reminded the Board to sign up to volunteer to "man the booth."  He also announced that Monday, June 2, is the Adult School Graduation, 7 p.m. at the Arts Education Center. 

• Regular Board Meeting - June 3, 2014 Cancelled
• Regular Board Meeting - June 17, 2014
• Special Board Meeting - June 24, 2014 - City Council Chambers

• Regular Board Meeting - June 3, 2014 Cancelled
• Regular Board Meeting - June 17, 2014
• Special Board Meeting - June 24, 2014 - City Council Chambers

The meeting was adjourned at 6:55 p.m.