Los Angeles Community College District 770 Wilshire Boulevard, Los Angeles, CA (213)

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1 Board of Trustees Los Angeles Community College District 770 Wilshire Boulevard, Los Angeles, CA (213) AGENDA District Citizens Oversight Committee Meeting (DCOC) February 22, :00 p.m. 2:00 p.m. 770 Wilshire Boulevard 6 th Floor Large Conference Room Los Angeles CA Meeting Agenda DCOC Members: Elliot Axelband, WLAC Representative, Chair Daniel Swartz, Taxpayer Representative, Vice Chair Lanny Nelms, LAHC Representative, David Ambroz, LACC Representative Terry Anderson, LAVC Representative Robert Arias, LAMC Representative Bob Courtney, At-Large Representative David Gomez, Labor Representative Eva Holmes, LASC Representative Stuart Laff, Foundation Representative Vacant, Student Representative Ethel McClatchey, Senior Representative David Rattray, Business Representative Donald Saguchi, ELAC Representative Richard Slawson, At-Large Representative Donna Smith, Pierce College Representative Mark Wilson, LATTC Representative 1. Opening Introductions and Announcements E. Axelband 12:00 p.m. 2. Public Speakers: Comments are limited to a total of 5 minutes for each speaker 12:05 p.m. for the meeting. Total time per topic is 20 minutes. Speakers must submit name and topic(s) to the chair. 3. Approval of Minutes: E. Axelband and D. Swartz 12:15 p.m. 4. Audits KPMG 12:20 p.m. Financial Performance 5. Construction Update J. O Reilly 12:50 p.m. 6. Subcommittee Reports Subcommittee Chairs 1:50 p.m. 7. Construction Concerns D. Ambroz 1:55 p.m. 8. Adjournment 2:00 p.m. Next regular meeting will be Friday, April 26, 2013, 12:00 p.m. - 2:00 p.m. Page 1 of 2

2 Board of Trustees Los Angeles Community College District Documents mailed to members 1. Draft Minutes: December 14, 2012 (Attachment A) 2. Capital Construction Committee Meeting Dates (Attachment B) 3. BT4 Resolution Satellite and District Bond Contingency Fund (Attachment C) Note: Committee Members, please come prepared to discuss your opinions, insights, and conclusions. If you do not have copies of each of the above reports, please request them from Lilian Mazariegos at (213) or In compliance with the Brown Act, materials distributed to the Committee after the posting of the agenda that relate to an upcoming public session item will be made available by posting on the District's official bulletin board located in the lobby of the Educational Services Center located at 770 Wilshire Boulevard, Los Angeles, California Members of the public wishing to view the material will need to make their own parking arrangements at another location. If requested, the agenda shall be made available in appropriate alternate formats to persons with a disability, as required by Section 202 of the American with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, for whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. To make such a request, please contact Lilian Mazariegos at (213) or mazarild@ .laccd.edu no later than 24 hours prior to the meeting. * * DCOC Website: Dates for FY Meetings: April 26, 2013; June 21, 2013 Page 2 of 2

3 District Citizens Oversight Committee (DCOC) Meeting Minutes ATTACHMENT A Date Prepared By Agency Location 12/14/2012 Laurie Green LACCD District Attended By Committee Members: Elliot Axelband, WLAC Representative, Chair Terry Anderson, LAVC Representative Bob Courtney, At-Large Representative Eva Holmes, LASC Representative Jaden Ledkins, Student Representative Lanny Nelms, LAHC Representative Donald Saguchi, ELAC Representative Donna Smith, LAPC Representative Other Attendees: Nabil Abu-Ghazaleh, WLAC Adriana D. Barrera, LACCD Trustee Mona Field, LACCD Camille Goulet, LACCD Daniel J. LaVista, LACCD Christine Marez, LACCD Inspector General Steve Springer, Build LACCD Daniel Swartz, Taxpayer Representative, Vice Chair Robert Arias, LAMC Representative David Gomez, Labor Representative Stuart Laff, Foundation Representative Ethel McClatchey, Senior Representative David Rattray, Business Representative Richard Slawson, At-Large Representative Carole Anderson, LATTC Todd Cozolino, Build LACCD Mona Garber, Build LACCD Thomas Hall, LACCD Coby King, Ek & Ek James D. O Reilly, LACCD Opening Introductions and Announcements Dr. Elliot Axelband, DCOC Chair, called the meeting to order at 12:05 p.m. A quorum was present. He requested a 30-second period of silence in reflection of the tragedy at Sandy Hook Elementary School in Newtown, Connecticut on December 14, Dr. Axelband recommended that if anyone wants to have a specific topic placed on the DCOC agenda, they should contact him, Mr. Swartz, Mr. Hall, or Chancellor LaVista as early as possible. He stated that topics cannot be added after the agenda for the forthcoming meeting has been published and posted. DCOC Recommendations on Bond Program Board of Trustees Actions Dr. Axelband stated that if the DCOC receives advance notice regarding Board of Trustees bond program actions, it will provide its recommendations to the Board of Trustees prior to the specific Board meeting. Otherwise, the DCOC will have to provide its recommendations after the fact. He requested that the DCOC be provided with the schedule of the Capital Construction Committee meetings. He stated that he and Mr. Swartz had been trying unsuccessfully to meet with the Board of Trustees to review the Annual Report and that this meeting would not take place until January Public Speakers None. Approval of Minutes August 24 th Motion by Mr. Slawson, seconded by Mr. Swartz, to approve the DCOC minutes of August 24, APPROVED: 14 Ayes: R. Arias, T. Anderson, B. Courtney, D. Gomez, E. Holmes, S. Laff, J. Ledkins, E. McClatchey, L. Nelms, D. Rattray, D. Saguchi, R. Slawson, D. Smith, D. Swartz 1 Abstention: E. Axelband 1

4 ATTACHMENT A October 26 th Motion by Mr. Slawson, seconded by Mr. Swartz, to approve the DCOC minutes of October 26, 2012 APPROVED: 13 Ayes: R. Arias, T. Anderson, E. Axelband, D. Gomez, E. Holmes, S. Laff, E. McClatchey, L. Nelms, D. Rattray, D. Saguchi, R. Slawson, D. Smith, D. Swartz 2 Abstentions: B. Courtney, J. Ledkins November 15 th Motion by Mr. Ledkins, seconded by Mr. Swartz, to approve the DCOC minutes of November 15, APPROVED: 14 Ayes: R. Arias, T. Anderson, E. Axelband, B. Courtney, D. Gomez, E. Holmes, S. Laff, E. McClatchey, L. Nelms, D. Rattray, D. Saguchi, R. Slawson, D. Smith, D. Swartz 1 Abstention: J. Ledkins Approval of Handbook Ms. Camille Goulet stated that there would be updated appendices to the Handbook effective January 2, Motion by Mr. Ledkins, seconded by Mr. Slawson, to adopt the Handbook and the updated appendices. Ms. Goulet stated that the Handbook would be distributed to the DCOC members after the appendices are updated. APPROVED: 14 Ayes: R. Arias, T. Anderson, E. Axelband, B. Courtney, D. Gomez, E. Holmes, S. Laff, J. Ledkins, L. Nelms, D. Rattray, D. Saguchi, R. Slawson, D. Smith, D. Swartz 1 Abstention: E. McClatchey Subcommittee Reports Legal Counsel Mr. Slawson reported regarding the DCOC Ad Hoc Advisory Committee meeting of October 12, He stated that the discussion items included the Annual Report. Mr. Slawson stated that the following was the recommendation from the DCOC Ad Hoc Advisory Committee regarding the hiring of a law firm as DCOC counsel: It was moved by Daniel Swartz and accepted by unanimous vote to not hire an outside legal firm at this time, to reserve the right to hire outside legal services on an as-needed basis, and to recommend this position to the DCOC for action. Dr. Axelband stated that the DCOC has to vote to accept or reject this recommendation. Motion by Mr. Swartz, seconded by Ms. Smith, to approve the DCOC Ad Hoc Advisory Committee recommendation to not hire an outside legal firm at this time and to reserve the right to hire outside legal services on an as-needed basis. APPROVED: 15 Ayes 2

5 Approval of By-law Change ATTACHMENT A Assignment of Counsel A document entitled Administrative Regulation C-7 District Citizens Oversight Committee Bylaws was distributed. Ms. Goulet stated that the DCOC s Bylaws are subject to the approval of the Chancellor but also can be changed by the Chancellor. She stated that given vote taken by the DCOC regarding outside counsel, it is anticipated that the Chancellor will make a change to conform the Bylaws to the position taken by the DCOC. Legal Actions Report on Legal Claims A document entitled Developments in Lawsuits in the Building Program was distributed. Ms. Goulet stated that this document lists new stop notice cases, pending stop notice cases, resolved stop notice cases, and construction claims and construction-related cases. She stated that in the future, the DCOC would receive a report from her office regarding the cases that her office is supervising and a separate report from Mr. James D. O Reilly regarding the cases that his office is supervising. A question and answer session was conducted regarding the stop notice cases. Chancellor s Update Proposition 30 Outcome Chancellor LaVista discussed the positive outcome for the LACCD and its students that resulted from the passage of Proposition 30. He stated that proposed actions such as reductions in health reimbursement accounts, salary rollbacks, and furloughs did not go through due to the passage of Proposition 30. District Strategic Plan Chancellor LaVista distributed a document from the LACCD website entitled LACCD Institutional Effectiveness. He discussed the document with respect to the District guiding principles. The link to this page is He also distributed a document entitled LACCD Strategic Plan Framework and discussed the document with respect to the goals for reaching the vision of the LACCD and the desired outcomes that will define success toward reaching this vision. A question and answer session was conducted regarding the District Strategic Plan. DCOC Meetings at the Colleges Chancellor LaVista discussed the possibility of holding every other DCOC meeting at one of the community college campuses. He stated that this would be a good learning opportunity with respect to updating the DCOC regarding what is happening with the projects at the specific colleges. The college campus could conduct a tour of its campus and a discussion of construction issues in the hour preceding the start of the DCOC meeting. The President of WLAC, who attends the DCOC meetings as a representative of the College Presidents, offered his campus for the first meeting of this kind. Program Update Board Resolution Standardize Centralized Accountability Controls Utilizing Industry Best Practices for Build LACCD 3

6 ATTACHMENT A A document entitled Resolution Standardize Centralized Accountability Controls Utilizing Industry Best Practices for Build LACCD was distributed. Mr. O Reilly stated that this resolution was adopted by the Board of Trustees in September He stated that the industry standard would be to have a centralized program management team that looks after the individual programs. This means that there is one large building program consisting of nine parts. Mr. Slawson recommended that the resolution be passed on to an ad hoc committee or executive committee for review. He requested that the District provide this ad hoc committee with the following reports: June 2011 Performance Audit conducted by KPMG LLP Hill International Program Management Functions Assessment of March 2012 The following members of the DCOC will serve on this ad hoc committee: Terry Anderson, Robert Arias, Elliot Axelband, Richard Slawson, Donna Smith, and Dan Swartz. Dr. Axelband asked Mr. Slawson to chair this committee. No discussion. Program Manager Request for Proposal (RFP) Executive Report (Mr. Rattray left at 1:45 p.m.) o Moratorium Mr. O Reilly stated that most of the projects that are still on the moratorium are not funded, meaning there is no money to move them forward, or the colleges are still reviewing exactly what they want to do with the projects. o o Change Orders Design-Build versus Design-Bid-Build Mr. O Reilly explained the difference of change orders and design-build versus design-bid-build. He stated that as the construction industry matures, the District is seeing a tremendous amount of alternative deliveries to try to make the process a little bit better. He stated that design-build is the method that the District has legal authority to use. Mr. Slawson stated that the original reason that the design-bid-build process was established in California under the State Contract Code was because of subjective decisions that were being made in the bid process back then. He stated that the design-build process was put forward as a means to greatly reduce the time period between a project s proposal and the end result, and it does do that. He recommended that the differences between design-build and design-bid-build be reviewed at the next Ad Hoc Advisory Committee meeting. o Construction Topics Mr. O Reilly introduced Mr. Todd Cozolino. Mr. Cozolino distributed a document entitled Construction Qualify Control and Management. * * * 4

7 ATTACHMENT A With respect to the agenda item entitled DCOC meetings at the colleges, Dr. Axelband proposed that another ad hoc committee be created to discuss this topic. He requested that Mr. Ledkins chair this ad hoc committee. Mr. Ledkins agreed to chair this ad hoc committee. Ms. McClatchey requested that the College Oversight Committees be made aware that the DCOC is interested in holding meetings on the campuses. Dr. Axelband concurred with Ms. McClatchey s request. * * * Dr. Axelband proposed to extend the meeting by 15 minutes. APPROVED: 13 Ayes: R. Arias, T. Anderson, E. Axelband, B. Courtney, D. Gomez, E. Holmes, S. Laff, J. Ledkins, L. Nelms, D. Saguchi, R. Slawson, D. Smith, D. Swartz 1 Abstention: E. McClatchey Mr. O Reilly distributed a document entitled LACCD Building Program. There was discussion regarding this document with respect to the campus projects that have a high negative budget variance dollar amount such as the Health Careers Center at ELAC. Dr. Axelband requested that when data is provided to the DCOC in the future, they also be provided with a list of the top five problems associated with the specific data. For those top five problems, he requested that a problem mitigation plan be provided showing how the problem will be solved, the schedule by which it will be eliminated, and an explanation of the budget necessary for problem elimination and where the money came from. He requested that follow-up be provided explaining why some problems are still on the list and how others were eliminated. * * * Dr. Axelband proposed to extend the meeting by 10 minutes. APPROVED: 14 Ayes The discussion continued regarding the document with respect to the colleges project status reports. College Reports Master Planning Monthly progress reports were distributed for each of the nine colleges except LACC. Time spent on discussion and analysis of Construction Reports Despite extending this meeting by 25 minutes, the DCOC could not reach closure on the question of how much time should be spent at future meetings on construction status, top five problems, and the plans to mitigate them. It was agreed to accept the Chancellor s suggestion for the chairman to poll the committee and continue the discussion at the next meeting using the results of that poll. The chairman provided the content of the poll that was distributed by the Chancellor s office to the committee. Adjournment The next DCOC meeting will be on Friday, February 22, 2013 at 12:00 p.m. There being no objection, the regular meeting was adjourned at 2:19 p.m. 5

8 ATTACHMENT B BOARD MEETING DATES March July 2013 Capital Construction Meets the Second Meeting of the Month (highlighted) Date Location Wed. March 6, 2013 L.A. Southwest College Wed. March 20, 2013 District Office Wed. April 3, 2013 East L.A College Wed. April 17, 2013 District Office Wed. May 1, 2013 L.A. Mission College Wed. May 15, 2013 District Office Wed. June 12, 2013 L.A. Valley College Wed. June 26, 2013 District Office Wed. July 10, 2013 (Annual Meeting) District Office Wed. July 24, 2013 District Office

9 Board of Trustees Los Angeles Community College District ATTACHMENT C ACTION Com. No. BT4 Division Board of Trustees Date: January 30, 2013 Subject: RESOLUTION SATELLITE AND DISTRICT BOND CONTINGENCY FUND The following resolution is presented by Trustees Veres, Park, and Santiago: RESOLVED, RESOLVED, The Los Angeles Community College District adopted and voters approved in 2008 Measure J, which included a list of proposed projects; and The Measure J project list included potential satellite campus sites for Los Angeles Mission College, Los Angeles Valley College, West Los Angeles College, East Los Angeles College, the Health Careers Academy at County General Hospital, and the Firestone factory building in the city of South Gate; and The District and colleges identified potential satellite campus sites at Sunland/Tujunga (Los Angeles Mission College), Burbank (Los Angeles Valley College), LAX (West Los Angeles College), and the Health Careers Academy at County General Hospital (East Los Angeles College); and The Los Angeles Community College District (LACCD) based the feasibility of developing each of the satellite projects on the funding and enrollment at the time; and A subsequent Districtwide evaluation of the available operations and maintenance funding and projected student enrollment needed to support the need for all planned bond construction projects that a sufficient reduction in state funding and projected student enrollment determined that it would be in the best interest of the District and the voters who approved Measure J to evaluate the continuation of development of the satellite projects; and The Board of Trustees of the LACCD established the Ad Hoc Committee on Assets Management to evaluate the best course of action related to the satellite projects; now, therefore, be it; That the Ad Hoc Committee on Assets Management determined that it is best, at this point, to suspend further development of planned satellite projects, including Sunland/Tujunga (Los Angeles Mission College), Burbank (Los Angeles Valley College), LAX (West Los Angeles College), and the Health Careers Academy at County General (East Los Angeles College); and be it further That the funding for those projects be transferred into the District bond contingency fund; and be it further Chancellor and Secretary of the Board of Trustees Candaele Field Park Santiago Svonkin Veres By Date Pearlman Campos Student Trustee Advisory Vote Page 1 of 2 Pages Com. No. BT4 Div. Board of Trustees Date 1/30/13

10 ATTACHMENT C Board of Trustees Los Angeles Community College District Com. No. BT4 Division Board of Trustees Date: January 30, 2013 RESOLVED, RESOLVED, That the Ad Hoc Committee on Assets Management determined that development of the Firestone factory building project proceed with a reduced scope; and be it further That the Ad Hoc Committee on Assets Management determined that any remaining funds at the completion of the Firestone satellite project be transferred into the District bond contingency fund. Page 2 of 2 Pages Com. No. BT4 Div. Board of Trustees Date 1/30/13